04/09/2021
How to Settle a Car Accident Claim Without a Lawyer:
Houston Worksite Accident Attorney
A Free Guide for Handling Auto Accident Insurance Claims on Your Own
If you are like most people, this is the first time you have been in an accident and you aren't sure exactly what to do. You may be getting calls from the insurance company representatives, wanting to ask, "just a few questions." The insurance company may be pestering you to sign their forms "so we can get the records and handle this for you." They may even have already offered you money to settle your claim.
Perhaps you've started your search for an attorney but found that most law firm advertising doesn't give you any useful information at all about what to do if your case is a minor accident with no injuries. All the ads say same thing. "Hire Me! We don't charge a fee unless we get you money!", but what they fail to disclose is that if your case doesn't involve serious damages or injuries, most attorneys are not interested in taking your case.
And you can't blame them; almost all accident and injury attorneys work on a contingency fee. They do all the work to research and litigate your case on their own dime and only get paid once the case settles or a judgement is reached. If the case is only going to net them a few thousand dollars, it simply isn't worth the time involved.
This means all those ads showing fistfuls of cash, gory car wreck scenes or platitudes like "We Care for You" or "We Are Aggressive" are 100% meaningless unless your case involves 10's of thousands of dollars in damages or injuries. So does that mean you are just stuck accepting whatever settlement the insurance adjusters offer you? Absolutely not! In this guide I will show you how to build a strong position to negotiate from and give you pointers on the many tricks and pitfalls to watch out for when dealing with insurance companies.
Before you go any further I must inform you that this guide is not intended to be legal advice. I am not your lawyer until you and I enter a written agreement for me to represent you. The information offered in this guide is for the purposes of example only. Every situation is unique, as will be the steps needed to handle your claim or case. This guide provides suggestions and identifies traps and arguments the insurance company will make even before you file your claim - but please do not construe anything in this guide to be legal advice about your case.
What Are Your Options for Settling a Minor Car Accident Claim?
If you're involved in a car wreck and you decide to handle the negotiations with the insurance company yourself, what are your options? Well, the first option is to just accept what the insurance companies are offering - I NEVER recommend that. They are going to offer the lowest amount that they think you are willing to accept and they have ZERO obligation to pay what your claim may actually be worth.
The next option is the try and find an attorney that will work on your case for a flat fee or on a retainer. This is feasible in some scenarios but you also run the risk of owing an attorney more than what you will receive from the insurance company. You also have to wonder about the experience and effectiveness of an attorney willing to accept a case on such terms.
The last option is for you to learn how to negotiate a settlement without a lawyer. If you're interested in going that route, then I wrote this guide for you. With it, you can educate yourself on the negotiation and settlement process before you talk to an insurance adjuster. (Hopefully, you haven't signed any forms yet!)
What Type of Accident Cases Should You NOT Try to Settle on Your Own?
Before we go any further, we need to discuss what types of auto accident cases you should not attempt to settle without help from a lawyer. The reasoning for each varies some but the common theme is that you will almost certainly receive more money for your car accident if you have an experienced attorney handling the case.
If your accident resulted in a substantial loss of income due to missed work, a serious hardship due to not having your vehicle, or other substantial losses that go beyond just being "inconvenienced", then it is best to hire an attorney. One of the common steps for a car accident injury attorney to take when investigating your claim is to determine a dollar value for certain losses. They often think of things that you might not have even faced yet!
If you were injured in a car crash and your expected medical bills will be more than $5,000, AND there is visible damage to your vehicle, it's time to lawyer up! An attorney will know how to demand compensation for not just medical expenses but for pain and suffering, mental anguish, reduced ability, and other factors that result from injuries.
Accidents involving big trucks are often times complex. When involved in collisions, the sheer size of these vehicles usually results in extensive property damage. The potential for serious personal injury is greater as well. There are volumes of federal and state regulations that govern the maintenance and operation of these vehicles as well. It would be impossible for the average person to know all these laws and how they may impact their claim.
Aside from these concerns, big rig accidents usually have multiple parties that may have responsibility. The truck driver may be an independent or work for a company. Likewise, he may own his truck or just be driving for the tractor trailer company. The trailer being hauled could be owned by a separate entity as well - meaning there may be three parties sharing responsibility and three different insurance companies to deal with.
Additionally, companies involved in the trucking industry all carry very large insurance policies - but you can be assured they won't offer YOU anything close to what they will if you have an experienced attorney threatening to take them to court. Due to the amount of damages, complexity of laws surrounding the trucking industry, and the number of parties that could be responsible - it's always recommended to hire an experienced truck accident injury lawyer if you've been involved in a wreck involved a big truck.
If you were hit by a drunk driver you should hire an attorney to settle your case. In most instances you will be entitled to more compensation than an insurance company will offer without a skilled attorney handling your case. Additionally, you may want to sue the intoxicated driver personally for their actions.
Accidents involving motorcycles are another area where it is best to have an experienced attorney handling your case. First of all, getting into a wreck on a bike can lead to any number of serious injuries - many of which may not be immediately apparent! The potential for a biker to develop severe neurological or spinal issues weeks AFTER the accident makes it extremely risky to accept a settlement without first having a full medical exam performed. Yet many bikers who've been hit do just that, opting to forego the exam (to save money) and just accept the easy money being offered by the insurance company. It's a tragedy to later find out you have a brain bleed or degenerative spinal issue caused by your motorcycle wreck, but since you accepted a settlement already, there's nothing you can do to get additional compensation.
Another issue with motorcycle crashes is that they do not always present a clear picture of who was responsible for the accident. You may even receive a citation, but not be predominantly at fault for the accident. The insurance companies know that if you hire a good motorcycle accident attorney, they will review all evidence involved including the accident report and citations issued. They will also hire experts to recreate the accident and testify on your behalf. Knowing this, insurance companies commonly claim the evidence is unsubstantial, but offer you a settlement to look like "nice guys". Don't fall for it.
A car wreck that involves a commercial vehicle is similar to an 18-wheeler wreck in that it can get messy fast. As well, many company vehicles are covered by very large insurance policies but they won't let an individual know that. Again, these types of accidents would have the best outcome with a skill litigator handling the case.
The Basics - Understanding Auto Accidents as Personal Injury Cases
Let's start at the very beginning: An auto accident is considered a matter of personal injury law. So just what is a personal injury case? Lawyers say that they handle "personal injury cases" or "accident cases" or "wrongful death cases." Many times, folks are not really sure what they mean. Indeed, people who have known me for years will ask me for a referral to a car accident attorney! They do this even though I think that they know exactly what it is that I do.
A personal injury, car accident, medical malpractice, product liability or wrongful death case is any type of claim where a person has been injured or killed due to someone else's carelessness. If the only damage in your case is that your car got banged up, then you don't have a personal injury case. But, you may have a property damage case. We do not handle property damage cases, but there are many lawyers who do so.
If both you and your car have suffered an injury, then you have both a personal injury and a property damage claim. In those circumstances, either your insurance company or the other driver's insurance company will usually take care of the property damage claim. It is standard to settle your property damage claim separately from the bodily injury claim.
If a product hurts or kills someone, the seller is liable if the product is unreasonably dangerous and resulted in the harm. The maker of the product is liable even if they were careful when it was made. So long as the product is defective or unreasonably dangerous, the maker is liable for the harm. This is the law of product liability.
If someone's negligence causes the death of another, then this is called a "wrongful death" claim. In Texas, parents, children and the spouse have a right to recover for the emotional harm that has resulted as well as any financial loss. You need an attorney who understands the specialized wrongful death laws of Texas.
Common Mistakes That Invalidate Auto Accident Claims
If you're going to handle your accident case yourself you need to be aware of two very important mistakes that end up destroying more accident claims than anything else. These mistakes involve the Statute of Limitations and Medical Treatment.
Personal injury cases in most states carry a statute of limitations. That is, the amount of time that may pass before you can no longer pursue a claim related to the accident or injury. In Texas, the statute of limitations on car accidents is two years from the date of the accident. This also means that you only have two years to settle a claim with the insurance companies - after that, they can simply deny your claim, pay you nothing, and you can no longer file a lawsuit. Keep that in mind when negotiating with insurance adjusters, they may be stalling to run the clock out on your claim.
We already covered that you must seek medical treatment for any injuries as quickly as possible or risk your claim being devalued. Another important aspect with regard to injuries is that you follow your doctor's treatment plan to the letter. Any deviation from the prescribed treatment, any missed appointments or refused treatments may be ammo for an insurance adjuster to sink your claim.
Most people want to start pursuing payment for an insurance claim immediately; but if you are asking for damages that include injuries, this impatience could backfire. Once you accept a settlement you will be required to sign a release. This document will state that you cannot bring any additional claims against the insurance company or the driver for your accident. If it's later determined that you need additional treatment, you won't be able to ask for compensation to cover those medical bills.
What Must You Prove to Get the Most Money From a Car Accident?
Just because you were hurt doesn't mean you are entitled to money. You must prove that someone else was negligent or careless and that it was their negligence or carelessness that caused your injury. If you fail to do this, you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose. If you had an injury BEFORE the accident, then you are only entitled to be compensated to the extent your injury is now worse.
In Texas, if you were in any way at fault for a collision, you do not necessarily lose. This is known as the law of comparative negligence. This means that if the "other guy" was 99 percent at fault and you were one percent at fault, then you are entitled to recover 99% of your losses. However if you were more than 50% at fault, i.e. 51%, the law says you do not get to recover anything.
For you to have a viable case it must be clear that your actions were not the only cause of the accident.
Also, in Texas you cannot sue your employer for negligently hurting you if the employer carries worker's compensation insurance, except in extraordinary circumstances. If the employer's gross negligence results in death, the family can sue, but these cases can be hard to win. It has been said that it is easier to uphold a murder case in the appellate courts than to get them to uphold a gross negligence case.
Sometimes, several persons or companies are at fault and a jury gets to decide the percentage of blame against each. If one company - for example, an employer - is to blame but cannot be sued, the jury can apportion fault among the others, in most circumstances.
Evidence You Need to Gather at a Car Accident Scene
A car wreck can be a jolting experience that sends even the most unshakeable person into a turbulent state. What just happened? Is everyone ok? How bad is the damage? Is help on the way? All these questions and more are racing through your mind and the last thing you may be thinking about is collecting evidence for a potential fight with the insurance companies - but that's exactly what you need to be doing.
Once you've ensured that everyone involved is either ok or secured from further harm, it's time to call the police and start collecting your evidence.
While waiting for the cops to show, start writing down the contact information for any other drivers involved. Get their insurance company name, policy number and the phone number. Look around to see if there any witnesses who saw the crash. Ask them to write you a statement of what they witnessed happen and include their signature, date, and all their contact information.
Next, start taking photographic evidence of the scene. Get photos from all angles of the vehicles involved in the wreck, skid marks, any visible injuries to you or a passenger, and photos of the area including the horizon and sky (yes, it matters).
When the police arrive be sure to write down the name and badge numbers of any officers taking statements. Request the reference number for any police reports they have created. Ask if any citations have been issued and if so, what were the alleged violations.
Finally, if you're injured and paramedics are on the scene then allow them to examine you. Your adrenaline is still pumping and you may have injuries that can't yet feel. If you leave the accident scene on your own and then later need medical attention it may negatively impact your claim. If you're asked to do something by any emergency responders, cooperate with them. Finally, if you do leave and then notice you may be injured - seek a medical evaluation as soon as possible!
Evidence You Need to Support an Insurance Claim for Damages
One of the first things you should do if you want to file a claim is contact the other driver's insurance provider and inform them of your intent to seek damages for their driver's negligence. You also need to call your insurance company and fill them in on the details of the accident and what steps you're taking. Insurance policies usually require a policyholder to notify them when an accident occurs regardless of who is at fault.
You'll hear from an insurance claims adjuster soon after you notify the other insurer of your intent to file a claim.
It's important to determine what monetary damages you've suffered and keep this in mind when working towards a settlement. Take the time to calculate the costs of all the expenses involved; from vehicle repairs, to the income that you have lost from missing work.
It's common to consider any future expenses that you might need to pay in your settlement. You need to try and think of every expense that you could have as a result of the wreck. One benefit of having an attorney handle your case is that they are very good at finding "unconsidered" expenses for you.
Next, you'll need to obtain a copy of the accident report. This report is a form that's filled out by the police officer who investigated the incident. To get the report, you'll need to get in touch with the department that the officer works for. The accident report should include the officer's own conclusions on the incident, like the cause of the crash, for example. If the other driver received a ticket, it could help with your claim.
You'll also need to obtain copies of all your medical records that are related to the accident. It's important to contact ANY medical providers who were involved with your incident, such as ambulance services, to get an accurate accounting of the costs. You'll need to get a written medical diagnosis too, with a description of the type of injuries you suffered and to what extent. These records should also show what treatment was needed and the costs that came with it, as this will be vital in proving damages.
Also, any injuries or disfigurements you've suffered should be photographed as soon as possible after the accident; these can be crucial for achieving medical damages for your claim.
Next up, start documenting information on any lost wages you have. Loss of earnings are also essential to your settlement amount and claim, which is why you need to gather any information you can on having to miss work due to the accident. It's worth noting that even if you used your vacation or sick days, you're still entitled to be paid for your losses.
Now you need to start organizing and labelling all your accident scene photos. This is important in showing how severe the incident was, which will also help to confirm the medical expert's reports on the extent of your injuries.
Health insurance payments are another expense you need to document. If your health insurance covered your medical bills, make sure you call your insurer and get a written statement on how much was paid.
Additionally, any out-of-pocket expenses are important too. Whether it's the costs of premiums or for everyday chores that you now have to rely on others to take care of, such as lawn care or house cleaning.
Any documentation you have of repair or replacement costs of your personal property are also important to your settlement and claim. This can include any property that was lost or damaged in the accident like sunglasses, phones, etc.
Calculating an Amount to Demand from the Insurance Company for Damages
From day one you should be keeping track of the expenses that have built up since the accident. In these instances, many individuals add up all their "special damages", i.e. their medical bills, lost wages, etc. After that, you can add a considerable amount more for your "general damages", which will encompass pain and suffering.
Future expenses are also worth considering. In some instances, injuries can prevent an individual from working at their current job for a significant amount of time. This loss of earnings can certainly add to the total of your claim.
Remember that c
Car Accident That Wasn't Your Fault? Free Guide for Negotiating a Good Settlement Without a Lawyer - Get The Most Money Available to You!
