4 Steps You Must Navigate to Collect a Houston Car Accident Settlement
Collisions happen during rush hour, and they can also occur on side streets with very little traffic around.
Distracted driving, drunk driving, or road rage might all cause them.
If another car hits your vehicle in Houston, the other driver’s insurance might owe you a settlement check. How do you collect one, though?
We will discuss the steps that you must follow right now.
The Insurance Company Call
Houston car accident settlements involve several steps, but the insurance company call must always come first. When the other car hits your vehicle, you can get their insurance information, assuming they did not drive off. When you feel ready, you can call their insurance company, or your lawyer can make that call for you if you decided that you should hire one.Texas is a fault state, meaning that the driver who caused the accident must have insurance. Their policy should pay the other driver following the accident.
That payment should cover the other driver’s medical bills, and it should cover their car repairs as well. It might cover some additional non-economic damages too, such as pain and suffering.
During the insurance company call, either you or your attorney will contact the other driver’s insurance provider and explain what happened. Presumably, the at-fault driver will also contact their insurance company, so they should expect your call.
You should give an accident play-by-play, but you should not say who is at fault. That information should come out during the investigation. You should certainly never speculate about whether your actions caused the crash, even partially.
The Investigation
After you make that call and start a claim, the insurance company will investigate. They have many car crash specialists and investigators on their payroll who will spring into action the moment a claim begins.You will likely field calls from claims adjustors during the investigation phase. That is one reason why you might want a lawyer. You can have the lawyer negotiate on your behalf since they have experience in this area.
The claims adjustor might try lowballing you. They might give you an offer early in the investigation process. They may downplay the car’s damage, your injuries, your pain and suffering, etc.
Keep in mind that insurance companies want more profit at all costs. If they can give you less money and
you agree you’ll take it following an accident that the other driver caused, they will certainly jump at that chance.
That’s why you want a lawyer fighting for you who can get you more money. You should also hesitate before taking any preliminary offer.
It’s likely you can get more money later in the process. You should also wait and see whether you’ll miss work, whether you’ve sustained any permanent injuries, or anything else of that nature.
The claims adjustor might deny your claim entirely. If so, they probably think they can show that you caused the accident and not the other driver. If that happens, don’t panic. Your lawyer can likely prove the other driver caused the crash if they use the physical evidence they find.
The Settlement Negotiation Process
Let’s say that the other driver’s insurance company agrees that the other driver caused the accident. You should feel that’s a step in the right direction. Now, the settlement negotiation process begins. Again, having a lawyer at this point should help you.During the settlement negotiation, you might have a back-and-forth with the insurance company. They may suggest a certain figure, and you may accept or reject it.
However, you likely don’t know a fair number because you don’t know this world. A lawyer does, and they will know when an insurance company gives you a fair offer and when they’re trying to pull a fast one.
Your lawyer can make a counteroffer when you get an offer that seems low. The two camps might go back and forth several times.
The more information you can get about your physical condition, how much work you’ll miss, and so forth, the more money you can probably collect. If you can demonstrate that the crash impacted your life dramatically, the insurance company must raise the settlement offer. They will have little choice.
The Trial
Many times, the process ends with step three. You will accept an offer eventually, and you can walk away with that money. You must pay the lawyer a decent chunk, but you can use what’s left as you pick up the pieces and resume your life as best you can.Sometimes, though, you and the insurance company can’t reach a settlement offer that satisfies you. Maybe you feel like they’re not offering enough, or perhaps they’ve completely rejected your claim. If they take this second option, that likely means they feel they can prove that you caused the accident and not the other driver.
At that point, you and your lawyer must appear in court. You have to show evidence that the other driver caused the accident, and you must also show why you should get a particular settlement amount.
The more facts you can show that back up your version of events, the better your situation. If you can show a police accident report that indicates the other driver caused the crash, you should use that. If you can find video evidence that shows the collision and the other driver making a mistake or driving recklessly, that is even better.
You can also show your medical bills and the money you’d normally make at your job that you can’t earn while you’re recovering. You might also describe your pain and suffering. That’s less tangible, but you should get something for it.
If you win your case, then you can finally get the money the insurance company owes you.
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Posted - 04/12/2023
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