Navigating Insurance After a Texas Car Accident
When you get into a car accident in Texas, your insurance provider is likely the last thing you’re thinking about. However, knowing how to deal with insurance companies after an accident is essential if you want to be fairly compensated.
If you make a significant mistake at any stage of the process, you could receive much less compensation than you’re owed. No matter the severity of the accident, you need to know how to handle conversations with insurance companies. Our car accident lawyer can help guide you through this process.
Document Everything During the Accident
Immediately after you get into a car accident, it’s highly recommended that you begin documenting every facet of the incident. If you aren’t severely injured, take pictures of the road conditions, damage to your car, and your injuries. It’s a good idea to exchange insurance and contact information with the other driver as well.
If you go to the hospital after speaking with the police, make sure you maintain documentation and records for every medical treatment you receive. You should also take note of the email and phone calls you eventually have with insurance providers. Once you file an insurance claim, these records can help you prove your case.
In Texas, you should contact the police if you believe that the accident caused over $1,000 in property damage. Once the police arrive at the scene, obtain the main officer’s name, phone number, and badge number.
The police report is among the most important documents. However, it isn’t generated immediately. If you have the officer’s number, you can contact them directly for updates. Many insurance providers won’t begin to fully investigate an accident claim until they can reference the police report.
Even if you believe that you have a minor injury, you should seek medical attention immediately. Delaying your treatment can make it more difficult for you to obtain the compensation you deserve. If the doctor gives you specific advice, make sure you closely follow it to ensure your claim isn’t denied. The steps you take in the immediate aftermath of your accident can make a big difference in the outcome of your case.
Update Your Insurance Provider Promptly
According to Texas law, drivers are required to report car accidents to their insurance providers as soon as possible. Even if you didn’t cause the accident, you must report it. Before you speak with your insurance company, keep in mind that they might try to downplay the seriousness or severity of the accident and your injuries.
If it’s believed that the other driver was at fault, your insurance provider will likely direct you to speak with them. If you have an auto wreck lawyer on hand for this conversation, you’ll be able to minimize mistakes.
Speak with an Attorney Before Making Any Statements
Insurance companies make numerous requests of accident victims. For example, they may ask you to provide them with a recorded statement about everything that happened during the accident. Keep in mind that insurance providers often use these statements against accident victims.
Adjusters might make misleading queries that aim to reduce the amount of compensation they need to pay out. If you haven’t consulted a car wreck lawyer, decline to give a recorded statement.
Thoroughly Review Your Insurance Policy
Texas is a comparative negligence state, which means that fault can be divided between multiple parties. The insurance adjuster may find that one driver has 70% of the blame for the accident, which could leave the victim with 30% fault. The percentage of fault determines the amount of compensation you can qualify for. If you have less than 51% fault, you can claim compensation.
Before you speak with your insurance provider, review your policy to identify the deductibles, exclusions, and coverage limits that might apply to your case. Once you thoroughly understand your policy, you’ll have a better idea of how much compensation you deserve. It will also allow you to sidestep attempts by your insurance provider to minimize or deny your claim.
What to Do If an Insurance Company Makes a Bad Offer
Insurance companies can make low compensation offers if they are acting in bad faith, which occurs when they try to avoid adhering to policy requirements. There are many examples of bad faith that you can be subject to when negotiating with an insurance company.
For example, they could make a settlement offer that’s significantly lower than the amount that your car crash lawyer has calculated. They may also deny your insurance claim without having a legitimate reason to do so.
While insurance companies sometimes get away with acting in bad faith, Texas provides residents with several options they can use to resolve the problem. For example, it’s possible to file a complaint directly with the Texas Department of Insurance. They’ll look at your case to determine if there’s any wrongdoing on the part of the insurance company. You can also speak with a car crash attorney to identify the next steps you should take.
Common Mistakes to Avoid in a Car Accident
The most effective way to deal with insurance companies is to avoid some of the more common mistakes that people make after being involved in a car accident.
Apologizing
After getting into an accident, you might believe that you should apologize even if you weren’t at fault. Regardless of fault, you shouldn’t make an apology, especially when speaking with an insurance company. The company may view your apology as you admitting that you’re at fault. Even if an apology isn’t offered, insurance adjusters may attempt to obtain one by asking if you feel sorry about the accident. Avoid answering the question.
Exaggerating Your Claims on a Car Accident
Insurance companies perform comprehensive investigations to determine who was at fault for the accident and if compensation is owed. During this investigation, an insurance provider may review the police reports, the victim’s medical records, and the statements from each party. If photos of the incident were captured, they would also be looked at. If the investigation finds that the claims were exaggerated, the insurance company may deny the claim altogether.
Not Hiring an Attorney for A Car Accident
Speaking to an insurance company without the help of a reputable auto wreck attorney may lead to lower compensation or a rejected claim. While it’s not impossible to navigate this situation without making a mistake, you’ll have a higher chance of success with a lawyer who has experience obtaining compensation from insurance companies.
While insurance providers do everything they can to limit the amount of coverage they provide, car wreck attorneys are dedicated to helping their clients receive compensation for damages and injuries. Lawyers also know the various types of compensation you can claim, which include the following:
- Emotional pain and suffering
- Medical expenses
- Lost wages
- Property damage
- Disability
When you work with a lawyer like ours, we’ll leverage our knowledge and expertise to help you obtain the maximum compensation.
Waiting Too Long
While you may need to wait weeks or months for the extent of your injuries to be fully understood, there are some limits and restrictions on how long you have to file an insurance claim or lawsuit. Depending on the terms of your insurance policy, you’ll likely have 30 days to report an accident.
As mentioned previously, an accident needs to be reported if the damage or injuries exceed the value of $1,000. Police officers must file their accident reports within 10 days.
If you wish to file a lawsuit against an at-fault driver and their insurance provider, the time limit depends on the nature of the accident. If a driver hits you when they are performing government work, you’ll only have six months to tell the government about your lawsuit. When the at-fault driver is a resident or civilian, the time limit for filing a personal injury lawsuit is two years.
Talking About Your Accident on Social Media Platforms
Regardless of who was at fault or how severe the accident was, it’s best to avoid social media until all aspects of your insurance claim have been settled. If you post images, videos, or updates that appear to contradict your claim, this could be enough for the insurance company to reject it. They may even deny compensation for emotional pain and suffering by claiming that you’re in good enough spirits to post content on social media.
Accepting a Settlement Too Early
From the moment you speak with an insurance company, their goal is to wrap up the process as quickly as they can to ensure they don’t spend too much. However, car accident injuries aren’t always sudden. From whiplash to a herniated disc, there are numerous injuries that can be delayed or persist for a lengthy period.
Your insurance provider might make an initial settlement offer almost immediately after your medical records and bills have been submitted. These offers are typically designed to provide victims with the lowest amount of compensation possible. There are several reasons why you should avoid settling too quickly.
In many cases, the first offer is considered the beginning of negotiations. While insurance companies hope that victims will accept the offer and avoid negotiations, they don’t expect it. Experienced car accident attorneys often dismiss initial offers altogether.
It’s also important to understand that accepting the first offer means that you can’t appeal or object later if additional damage or injuries are uncovered. There’s a good chance that you won’t understand the full extent of your injuries when you receive your first settlement offer. A suitable settlement can only be negotiated after these issues are understood.
When to Accept a Settlement Offer
Based on Texas law, the insurance provider for an at-fault driver has a maximum of 15 days to reject or accept the claim. If they want additional time to make a decision, they must request it. You must also receive a notification from the company that states they require more time. If this request is approved, the time limit will be extended to 45 days.
If the at-fault driver’s insurance company accepts your accident claim, they might make a lowball offer immediately. While this offer might be tempting, it’s better to enter into negotiations. If you work with a car crash attorney, they’ll handle negotiations for you. They can help you identify when an offer is fair. Once your insurance provider makes an offer, ask to receive it in writing.
Keep in mind that other legal actions are available if the insurance provider isn’t making a fair offer that matches the amount of compensation your lawyer believes you’re owed. For example, you may be able to file a lawsuit against the at-fault driver and their insurance provider. If it gets to this point, the insurance company may increase its settlement offer to avoid spending considerably more on court costs.
Do you need help dealing with insurance companies following a car accident? Call our auto wreck attorney today to discuss your case and explore your legal options.