Have you been injured in a car accident where you weren’t at fault? You will have to deal with injuries, cost of medical treatment, car repairs, and the physical and mental impacts of being injured.
The stress can be lessened by your insurance company paying your claims promptly and fairly. But if that does not happen, and if your claims are unfairly denied then you should strongly consider the services of an experienced personal injury law firm that can help you obtain just compensation without inordinate delay.
Even with the police report indicating that the other vehicle driver was at fault, you cannot always be sure that the insurance company will accept responsibility on behalf of its customer for a head-on collision or any other type of vehicle accident.
You are not able to run around when injured, you need funds and the insurance company must do what it is obliged to do without frustrating you or helping you in half measures.
Commonly given reasons for denying a claim include –
A dispute over your version of the incident. The insurance company will disagree with the contention that its policyholder caused the accident. They have a battery of lawyers at their disposal that can interpret the police report to suit their narrative, and it will be to your detriment.
It is in your interests that you do not give a recorded statement to the at-fault insurance company. There is every chance of the insurance company using it against you. You may have to face questions about the evasive action that you took with the intent that your action may be deemed responsible for the accident.
The at-fault insurer may try to wriggle out of paying the claim by stating that the policy has lapsed or is canceled. You will have to find out the terms of the other party’s insurance so that you can determine if there are any possibilities for you to get paid. You need the services of a law firm for this.
Under Texas law, insurance companies can sell named driver policies that apply only if the driver has been named in the policy. If the person involved in an accident where you suffer an injury is excluded from the policy, then the insurance company will not reimburse you for the costs you incur. Keeping such scenarios in mind, you may want to have comprehensive cover of your own so that you can recoup the costs of vehicle damage and property loss.
The insurance company may claim that the injuries you have sustained are totally unrelated to the accident and have occurred because of age or perhaps an old injury has flared up. You will have a tough time presenting your case without the services of a skilled lawyer.
On your part, get insurance company refusals and denials in written – from your insurer and the other party’s.
The steps to take depend on whether you have only property damage, or you have suffered injury as well.
Get in touch with a lawyer as soon as possible so that your case can be presented in a substantive and persuasive manner. If you’re facing an insurance adjuster who suggests that the law has placed a cap on the amount that can offered, you may very well want to cross-check that assertion. The jury decides on the amount, the law does not set any caps. From gathering evidence to presenting eyewitness accounts, a good law firm is of invaluable help.
You need someone who knows the ins and outs of the legal process and the tricks that insurance companies employ. This experience is valuable in negotiating a fair deal.