When you are hurt in an auto wreck caused by another party’s negligence, you may be eligible to pursue monetary compensation for your losses. Because most people carry insurance coverage as required by state laws, victims of these accidents can file a claim with insurance companies for settlement.
Compensation may cover medical bills, lost wages, and emotional distress. But do you know how the settlement process for car accident claims works? Settling a Santa Fe car accident case involves much more than accusing the other party of negligence. You must build a strong claim backed by indisputable evidence.
But to achieve this, there are several things you need to do, including hiring a Santa Fe car accident lawyer. With the assistance of an experienced legal team, settling an auto wreck claim not only becomes more manageable, but you also get to protect your rights, especially when dealing with insurance companies.
Calculating Damages
After your attorney investigates your accident and gathers all necessary evidence and information, they will calculate the total costs of your losses. Past and future damages will be included.
They may cover medical expenses, lost income, physical pain and suffering, emotional distress, rehabilitation costs, property damage, diminished quality of life, and loss of consortium. Your legal team may also retain expert witnesses, such as economists, who can back your claim. They will also review the insurance policies available.
For a free legal consultation, call (713) 429-0711
Writing a Demand Letter
Next, your Santa Fe car accident lawyer will craft a demand letter to your insurance company or the at-fault party’s insurer. This is a legal document written by the injured party, claimant, to an insurance company seeking compensation following an accident. Usually, the demand letter contains the following:
- Details of the accident and the parties involved
- Description of your injuries and the damages suffered
- Total costs of damages suffered and the amount you wish to recover
The demand letter will also contain all necessary evidence to support your claim, such as medical records and police reports. An experienced car accident lawyer will even quote a higher figure to leave enough room for negotiations with insurance companies.
Remember, taking too long to file a car accident case can hurt your chances of settling sooner. You are only allowed up to two years to file a car accident claim in Texas, according to Texas Civil Practice and Remedies Code Section 16.003.
Claim Approval or Denial
When the insurance company receives your demand letter, its first order of business is to investigate the accident. This process is a crucial part of the settlement process, and you should be very wary of how the investigations are conducted. Once completed, the insurance company may deny or approve your claim.
If the claim is approved, the insurance company agrees that your damages are valid and covered by their policy. However, this does not mean you will be fairly compensated. Insurers pay little to maximize profits, so you should be cautious when dealing with insurance adjusters.
If your claim is denied, your insurer is unwilling to settle, either because the damages are not covered by their policy, there were errors in your claim, or because you were mainly at fault for your injuries.
Click to contact our personal injury lawyers today
Negotiations
If the insurer accepts your claim, the first order of business is to try to settle as soon as possible. Most insurance companies want to pay quickly before you realize the full extent of your losses. Additionally, they rarely want to go to court.
For these reasons, you are likely to get a settlement offer immediately. But you don’t have to accept it. You have the right to shoot down any offers that do not reflect the actual cost of your injuries and losses.
To protect yourself from acts of bad faith from insurance companies, you should retain a seasoned Santa Fe personal injury lawyer to help with the settlement process. If back-and-forth negotiations do not yield the desired settlement, your attorney can file a lawsuit in court on your behalf.
Complete a Free Case Evaluation form now
Get Professional Legal Help Settling Your Santa Fe Car Accident Case Today
Setting up a Santa Fe car accident case may seem easy on paper, but nothing could be further from the truth. Sadly, insurance companies cannot be trusted to settle you reasonably, even when you have a solid case.
For this reason, you need an aggressive legal team that can tenaciously pursue the maximum amount on your behalf. At Lone Star Injury Attorneys, we provide The Gold Standard in Personal Injury™. Contact us today to enlist our Santa Fe car accident lawyers.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
