Everyone wants to be safe on Texas roads. Unfortunately, the behaviors of motorists and other road users determine whether you go home in one piece or with life-changing injuries. Anyone involved in a crash stemming from someone else’s negligence may file a claim demanding compensation, and a Texas City car accident lawyer can help you through every step.
Usually, the claim is brought against the at-fault party’s insurance company. But in unique scenarios where this is impossible, such as when the other party is not insured, the victim resorts to dealing with their insurer.
Most car accident cases in the U.S. are settled out of court. If you were in an auto wreck that wasn’t your fault, you should consult an experienced attorney. Settling a Texas City car accident case requires you and your legal team to build a solid claim that insurers cannot deny.
Preparing to Settle Your Texas City Car Accident Case
Sadly, car accidents in Texas occur every minute, according to the Texas Department of Transportation (TxDOT). While many crashes are minor fender benders, a lot of other accidents are catastrophic, causing life-altering injuries and fatalities.
Settling a Texas City car accident case is not a one-day event but a process. You must prepare yourself from the onset of your crash up to the tail end of the treatment process. There are four major phases involved in a car accident settlement. They are:
Determining Fault
Before deciding to settle your case, the first thing you must do is determine the party to sue. This is the only way you can establish the insurance company against which you need to file your Texas City car accident claim. Essentially, liability in auto wrecks is based on negligence.
Any party that owed you a duty of care, but breached it, causing your injuries and losses, is responsible for your financial burden. Parties likely to carry the fault include drivers, vehicle manufacturers, vehicle owners, vehicle maintenance companies, and state agencies, among others.
Establishing Damages
Once you have demonstrated fault, the next step you must undertake is establishing the damages you suffered. These could be economic or non-economic. It is important to retain a qualified Texas City personal injury lawyer who can value past and future losses.
They can also help quantify intangible losses such as diminished quality of life, physical pain and suffering, emotional trauma, loss of consortium, and many other non-economic damages.
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Filing a Claim
Having established fault and calculated your damages, it is now time to file your claim. In most cases, injured persons deal with the other driver’s insurance company. When you file the claim, insurance adjusters will immediately begin to investigate the accident. This shouldn’t be an excuse for you to relax or let your guard down.
Since they want to pay out the least amount, you should be wary of how the investigations are done. Insurance companies are known to push boundaries and act in bad faith. Avoid saying anything that could hurt your case. Never admit any wrongdoing, even if you partially contributed to the accident.
Additionally, never agree to sign any documents without an experienced car accident attorney. In fact, the best thing to say to insurance companies when settling a Texas City car accident case is nothing at all.
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Settlement Offer or Claim Denial
When the investigations are complete, the next thing you will get is approval or denial. If your claim is denied, it’s usually because there were irregularities in the claim or insurance policy. They may also deny your claim in bad faith.
Regardless, you should get a detailed explanation of why it was denied. If the claim is approved, the insurance company brings forth a settlement offer. While this is a good start in settling a Texas City car accident case, you should not rush to accept the offer on their terms.
Negotiations
After the initial offer is made, negotiations begin between insurance companies and your legal representative. The settlement is rarely a reflection of your entire losses, and as such, your attorney will make a counteroffer.
Back-and-forth negotiations may take time. However, your attorney will only settle when a fair settlement is reached. Although many car accident cases are resolved through negotiations, your case may reach trial if no favorable agreement or settlement is achieved.
Get Help Settling Your Car Accident Case Today
Settling a Texas City car accident case should be left to an experienced auto wreck attorney with proven negotiation skills. Our team at Lone Star Injury Attorneys is prepared to tackle insurance companies on your behalf. Call us today to learn more.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
