If you were involved in a car accident, you may be wondering how your damages are going to be paid, and who should carry the financial responsibility. For starters, you must understand that not all car accident cases are eligible for compensation. Just because you suffered harm or loss of property doesn’t automatically guarantee compensation. Instead, your case must be reviewed by a knowledgeable attorney who understands how car accident claims work, and who is ready to apply applicable laws in your case.
When it is established that someone owed you a legal duty of care but violated it, it’s only then that you can think of compensation. You may qualify to recover the damages suffered following an auto wreck caused by someone else. Many people think of insurance companies when a crash occurs. This is because all vehicles carry insurance, and thus provide a means for injured persons to be compensated.
However, not all insurance companies meet their end of the deal. Some act in bad faith by denying legitimate claims while others offer lowball settlement offers that do not represent the true value of compensable damages. Knowing what to expect when settling a car accident case in Houston is the first step toward finding justice for your losses.
To Sue or to Settle?
Many people cannot tell the difference between settling a car accident case and filing a car accident lawsuit. The confusion is probably because compensation can be achieved in both contexts. However, there is an enormous difference. Suing another party for an auto wreck means filing a formal lawsuit in a court where a judge or jury makes a verdict based on the facts before them. However, the process is time-consuming and often expensive, thus the unpopularity when deciding to sue or settle.
On the other hand, settling a car accident case in Houston means filing a claim with insurance companies for damages suffered when an insured risk occurs. Generally, the claim is brought forward against the other driver’s insurance company. But in scenarios where they flee the scene without providing their insurance information, or they are underinsured, you may claim against your insurance company. The objective is to recover settlement since you were not responsible for the crash or injuries suffered. In fact, most personal injury cases involving traffic accidents are settled with insurance companies.
Bad Faith Tactics When Settling a Car Accident Case in Houston
As mentioned earlier, being insured or having a legitimate claim is not enough to get you the settlement you are entitled to. Although many insurance companies settle without an issue, some engage in bad faith to deny deserving victims their rightful compensation. These bad faith tactics used by insurance adjusters when settling a car accident case in Houston include:
- Misinterpreting a clause in their policy
- Offering lowball settlements
- Denying your claim
- Asking you to settle fast
- Compelling you to settle or sign documents without the counsel of an attorney of your choice
- Taking too long to settle
- Shifting the blame to you
Generally speaking, insurance companies are in the business of making maximum compensation. It doesn’t matter whether you suffered a permanent injury or lost a loved one. To them, paying out claims means bad business. As such, they will likely take you in circles so you can give up on your rights. Watch out for such behaviors from insurance companies when dealing with them or providing information regarding your accident.
Role of an Attorney When Settling a Claim
Insurance companies already know that this could be your first time settling a car accident claim, and how open to making mistakes you can be. As a result, they will be all out to use this to their advantage. To protect yourself from the acts of bad faith discussed earlier, you must work with a dedicated car accident attorney. Besides handling communication with insurance adjusters, your attorney will:
- Investigate your case to establish fault
- Gather evidential proof
- Prepare legal paperwork
- Value your claim
In case your case goes to a trial, your attorney will represent you. Going to court is rare for car accident cases and is usually the last resort, but you should be adequately prepared for such eventuality.
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Our Car Accident Attorneys Are Available to Help Settle Houston Claims
Don’t take chances settling a car accident case in Houston alone. Our auto wreck attorneys are available to discuss your case and represent you against insurance companies. Call us right away for a free assessment with no obligation. We are happy to get you the justice you deserve.
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