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Driver’s Ed
What you need to know when filing a car accident insurance claim.
By Jerome O. Fjeld
A car accident is never fun, and dealing with insurance companies
while trying to heal can be overwhelming. Yet the actions taken in the
immediate aftermath can make the difference between getting a fair and
reasonable settlement and being left holding the bag. Here are some tips
for a car accident insurance claim.
Notes and Reports
What happens in the first 24 hours is vital to proving a case. Write
down everything that happened immediately before and during the
accident, as well as factors like weather conditions and anything else
you think may be important.
Exchange insurance information with the other driver and gather
contact details from witnesses. Write down any conversations with
involved parties or witnesses. Take detailed photos of the scene, the
vehicles, and any injuries. Have you heard that a picture is worth a
thousand words? This is especially true in a car accident case. These
photos help the insurance companies understand exactly what
happened.
Seek medical attention immediately. Some injuries take time to show
symptoms, but it can be difficult to claim damages for injuries that are
not documented right away. Insurance companies love claimants that delay
treatment or have gaps in medical care. Call the police for a report,
even if damage seems minor. Many insurers will try to hold it against
you if you make a claim without a police report. Involved parties should
also call their own insurance companies as soon as possible.
Comparative Negligence
Texas, like many states,
has a comparative negligence law. This means that damages are reduced by
the amount that the injured party contributed to the accident. If the
injured party was 51% or more at fault, no damages are paid at all. This
makes even seemingly simple cases tricky, as both insurance companies
have a financial stake in raising the other party’s at-fault percentage.
Therefore, victims must self-advocate or engage an experienced lawyer to
advocate for them.
Statute of Limitations
The statute of limitations states how long accident victims have to file
a lawsuit. In Texas, the statute of limitations on car accidents (as
well as truck, motorcycle, pedestrian, and bicycle accidents) is two
years from the date of the crash. This applies to both injury lawsuits
and property damage suits. Therefore, it is in victims’ best interests
to start the claims process as soon as possible to ensure that if a
lawsuit is needed, there will be plenty of time to file it.
Claim Value
Car accident claims are complicated to value, as there are dozens of
factors involved. Pain and suffering, loss of future earnings potential,
and other considerations must be valued alongside such cut-and-dried
expenses as current medical bills and vehicle damage. Insurance
companies want to settle for as little as possible, so it is important
not to sign anything prematurely.
Legal Advice
It is always best to speak with an experienced car accident lawyer.
Even a seemingly simple claim could be affected by allegations of fault,
and both vehicle damage and injuries could turn out to be more expensive
than first anticipated. A skilled lawyer can quickly assess the case to
determine reasonable compensation, can negotiate with insurance
companies, and can bring a lawsuit if needed.TBJ
JEROME O. FJELD
has more
than 17 years of personal injury law experience, providing counsel and
advocacy for each client. He has offices in Houston and Victoria. For
more information, go to bayoucitylaw.com.
