Call

Insurance After an Accident

Traffic accidents such as car, motorcycle, and truck collisions are common, yet many people are unsure about the process of dealing with insurance afterward. The aftermath of a crash can be overwhelming, and mistakes when dealing with insurers can result in denied claims or reduced settlements. Understanding how insurance claims work and how to protect your rights is essential to recovering compensation for vehicle repairs, medical expenses, and lost wages.

Reporting an Accident to Insurance

After a collision, reporting the incident to your insurance company is often required by your policy, even though Texas law does not mandate it. Most policies require accidents to be reported within a “reasonable period of time,” which varies by provider. Failing to report the accident promptly may result in claim denial.

Texas law does require drivers to report certain accidents to the police. Under Texas Transportation Code section 550.026, you must notify law enforcement if the crash results in injury, death, or vehicles being undrivable. Obtaining an official police report can be helpful when filing an insurance claim, as it provides documentation of the incident.

Challenges with Insurance Companies After an Accident

Insurance companies are for-profit businesses that aim to minimize payouts. Adjusters may investigate your claim to assign fault, potentially reducing or denying compensation. Their tactics may include:

  • Examining the crash scene and vehicle damage

  • Reviewing police reports and witness statements

  • Contacting your medical providers for records

  • Asking for recorded statements or signed documents that could limit your compensation

Even if the accident was not your fault, insurers might attempt to attribute some responsibility to you to reduce their financial liability. This can happen even in seemingly minor crashes, raising the question of whether you should hire a lawyer after a minor car accident. If you were using a phone, even legally, they may argue you were distracted.

Speaking with Insurance Adjusters

You are not legally required to speak to an insurance adjuster without representation. Adjusters may use tactics such as:

  • Requesting recorded statements: You can refuse and instead state, “I will not make a statement without legal representation.”

  • Pressuring you to settle quickly: Early settlements often undervalue the full extent of injuries and damages.

  • Discouraging you from seeking representation: They may claim that hiring an attorney will complicate the process or delay your claim, but legal representation can often lead to higher settlements.

  • Asking you to sign documents: Some documents may waive your right to further compensation.

Understanding Comparative Negligence in Texas

Texas follows a modified comparative negligence rule, meaning fault is assigned by percentage. If you are partially at fault, your compensation may be reduced proportionally. However, if you are found to be more than 50% responsible for the accident, you cannot recover damages at all.

For example, if you were speeding when another driver changed lanes without looking and hit you, an investigation might assign you 40% of the blame. If your total damages amount to $100,000, you would only be eligible to recover $60,000.

Speaking with an insurance adjuster without legal guidance may result in a higher percentage of fault being attributed to you, reducing or eliminating your compensation.

What to Do If Your Insurance Claim Is Denied

Insurance companies may deny claims for various reasons, including:

  • Failure to seek immediate medical attention: If you delay treatment, insurers may argue that your injuries are unrelated to the accident.

  • Being more than 50% at fault: If you are deemed primarily responsible, your claim will be denied.

  • Lack of sufficient evidence: Insurers may dispute liability if there is inadequate proof of the other driver’s fault.

  • Policy exclusions: Certain damages may not be covered under your specific policy terms.

If your claim is denied, you have the right to appeal the decision. This process involves gathering additional evidence, such as medical records, expert testimony, and accident reconstructions. A legal professional can help challenge the denial and negotiate a fair settlement.

Protecting Your Rights After an Accident

Taking proactive steps can improve your chances of a successful claim:

  1. Seek medical attention immediately. Even if injuries seem minor, documentation is critical.

  2. Obtain a copy of the police report. This provides an official record of the accident.

  3. Document the accident scene. Take photos of vehicle damage, road conditions, and visible injuries.

  4. Avoid admitting fault. Even apologizing at the scene can be used against you.

  5. Consult with legal representation. Professional guidance can help protect your rights and maximize your compensation.

Let Abraham Watkins Help Handle Insurance Claims

Dealing with insurance after an accident can be stressful, especially while recovering from injuries. Legal professionals can handle negotiations, gather evidence, and ensure you receive the compensation you deserve.

With over 75 years of personal injury experience, our lawyers successfully handle a wide range of claims, including;

If you need assistance with your claim, contact Abraham, Watkins, Nichols, Agosto, Aziz & Stogner for a free case evaluation. Call 713-222-7211 today to discuss your case and protect your rights.

Contact Us
Untitled
Testimonials
Houston personal injury attorney

Request A
Free Consultation

Fields Marked With An “*” Are Required

This field is for validation purposes and should be left unchanged.
Untitled