If you’ve been in an accident in Texas, you know that navigating the insurance claims process can be frustrating and confusing. Insurance companies have teams of adjusters and lawyers working to minimize payouts, while injured victims are often still recovering from their injuries. Having an experienced personal injury attorney on your side can help even the playing field. Here’s what you need to know about dealing with insurance companies after an accident in Texas.
The Insurance Company’s Goal is to Minimize Your Claim
Insurance companies are for-profit businesses. Their primary goal is to maximize profits, which means minimizing claim payouts whenever possible. They have various tactics and strategies to reduce the amount they pay. For example:
- They may dispute the severity of your injuries, especially soft tissue injuries like whiplash that are hard to objectively quantify. They will claim that your injuries are “preexisting” even if you were asymptomatic before the crash.
- They may argue that you were partially at fault, even if the police report and evidence points to the other driver being responsible. This allows them to pay less under Texas’ comparative negligence laws.
- They often make lowball initial settlement offers, hoping injured victims will accept out of desperation. They will claim that “this is all your case is worth,” but it is rarely true.
- Adjusters are trained to minimize medical treatment and time off work needed to recover. They will claim that you should be “back to normal” long before that is realistic.
- Insurance companies have complex computer programs that calculate settlement ranges based on your injuries, medical treatment, lost wages, and other factors. They use this data to make offers that are advantageous for them, not you.
Beware of Questions About Your Social Media Accounts
Insurance adjusters will often ask for access to your social media accounts after an accident. They want to look for any evidence they can use against you. Photos of you on vacation or participating in sports after the accident can be used to claim your injuries aren’t that severe. Even old photos showing you active in sports can be used to argue you already had preexisting injuries.
It’s best not to give them access to your accounts. If you make your accounts private after the fact, they will argue that you are trying to hide damaging evidence. Simply decline their request for access, noting that your private social media activity is not relevant to your injuries and losses from the accident.
An Attorney Levels the Playing Field
The insurance company has a team of professionals working hard to minimize what they pay you. Who is working hard for your best interests? This is why it is crucial to have the top personal injury attorneys on your side after an accident. A personal injury accident lawyer levels the playing field by:
- Dealing with the insurance adjusters so you can focus on healing from your injuries. An attorney handles all communications and negotiations.
- Gathering evidence to build the strongest case, such as accident reports, medical records, witness statements, and more. An attorney knows what evidence carries the most weight.
- Retaining expert witnesses such as accident reconstruction experts who can analyze the crash details and doctors who can speak to the extent of your injuries.
- Understanding the full value of your claim under Texas law and aggressively negotiating for full and fair compensation.
- Taking the case to court if needed and fighting for maximum compensation during the trial. An attorney knows how to present a compelling case to a judge and jury.
In short, an experienced Austin personal injury lawyer serves as your advocate to get you the maximum claim value in the shortest time possible.
Watch Out for Unfair Tactics
Beyond just trying to minimize your claim payout, some insurance companies use tactics that take advantage of accident victims:
- They may try to rush you into accepting a settlement before you fully understand your injuries and losses. Do not let them pressure you into accepting an offer before you are ready.
- They might refuse to pay for treatment from certain doctors or set unreasonable time limits for treatment, hoping to cut off care prematurely. Do not let them dictate your medical care.
- If you don’t have health insurance, they may lien your settlement to recoup what they paid for your initial treatment under their PIP coverage. This prevents you from getting full compensation.
- They could claim you violated policy clauses against discussing settlement details or that you failed to send paperwork on time. An attorney ensures full compliance.
Your Injuries Matter
The insurance company sees your claim as a set of facts—the property damage costs, your medical bills, lost wages, etc. But for you, this was a traumatic, life-altering event. Your injuries may impact your quality of life for years to come. Severe injuries like brain trauma, spinal cord damage, or amputation can permanently disable accident victims.
A personal injury attorney Austin TX ensures you receive full compensation not just for economic damages, but for pain and suffering, loss of enjoyment of life, and other forms of non-economic damages. Your well-being matters. Don’t let the insurance company treat you like just another claim.
Consult an Attorney Before Talking to the Insurance Company
If you or a loved one has been injured in an accident caused by someone else in Texas, consult a qualified personal injury attorney from our firm before talking to any insurance companies. An initial consultation is confidential and free. We can advise you on your rights and best steps to take to protect your claim.
Waiting to call an attorney allows the insurance company to get a head start on minimizing your claim. The sooner you have an attorney on your side, the better. Don’t let the insurance company take advantage of you during this difficult time. Contact Karns & Karns Persona Injury and Accident Attorneys right away so you have an experienced negotiator fighting for your best interests.
Call today at 800-4-THE-WIN(800-484-3946).
