Whose Insurance Company Pays After a NE Texas Car Accident?
Many times when a person comes to us after a car accident, they want to sue the other driver who caused the accident personally. It’s understandable that they’re hurt and mad, but suing the driver is usually not the right course of action. It typically won’t get the kind of money you need and deserve.
After a NE Texas car accident, you will file a claim with your own insurance company and they will bring a claim against the other driver’s insurance company. They work (we hope) to prove or disprove who was at fault and they decide how much they think your car accident claim is worth.
But there are a few ways your insurance company can get it wrong, and you’ll need a Mount Pleasant car accident claims lawyer to make it right.
Your insurance company could deny your claim. They could do a minimal job investigating your accident and decide that you were fully or partially at fault. You may need a lawyer to do the heavy lifting of proving who was really at fault and what caused the car accident. We work with recognized experts to understand how and why your accident happened. We leave no stone unturned.
Your insurance company could refuse to pay because of “policy exclusions.” This is becoming more common. The insurance company will say you failed to cooperate with their investigation, as required by the policy you signed. They may say that the person driving the car was an excluded driver or that you rejected UM/UIM and PIP coverage when you signed up for insurance.
There are special rules that insurance companies must follow in order to reject a claim based on exclusions. If you have questions about policy exclusions or you think the insurer is wrong, call and talk with our attorneys. We may be able to turn the situation around.
Your insurance company could decide that your injuries and financial losses weren’t as serious as you say and could offer you less money than you actually need. This happens all the time. That’s because it’s in your insurance company’s best interest to pay out as little as possible. That’s their business!
As your NE Texas insurance claims lawyers, our goal is the opposite. We want to ensure you get every penny you need and deserve. That’s why we work with top medical experts to prove the full extent of your injuries, disfigurement, and disability. We know a car accident can have long-lasting effects and we want to ensure you have money to carry you through.
Your insurance company could sit on your claim, making you wait for compensation. Often, it’s not until you begin to work with a lawyer that your insurance company finally starts to pay attention – and pay out on your claim. Studies have shown that injured people who work with a lawyer typically get more money in their personal injury settlements than those who don’t.
Your insurance company could say that you had a prior medical problem and that your accident didn’t cause your injury. Again, they could deny your claim. That’s wrong, because even if you did have a prior medical problem, you are entitled to compensation for new injuries and disability.
What If The Other Driver Was Uninsured? Or Underinsured?
If you were involved in a car accident with an uninsured motorist – and that happens all the time in this part of Texas –you are going to be bringing a claim against your own uninsured motorist policy. You can only get compensated for the maximum limit of your own policy.
If the other driver carried only a minimum amount of insurance, which in Texas usually means $30,000, that’s not going to go very far. It’s easy for medical treatment of a serious injury to exceed $100,000. If a brain injury or spinal cord injury occurred, your bill could top $500,000.
You will get the maximum payment from the other insurance company and then any additional compensation will come from your own underinsured motorist policy. If that’s not enough and the other driver had some assets, we might then consider suing them personally, as a last resort.