As a responsible driver, you trust your insurance company to protect you in the event of a car accident. However, what if we told you the insurance company may not have your best interests at heart? Many insurance companies will try to minimize their costs and pay out as little as possible regarding accident payouts.
This is where having a dedicated and experienced car accident lawyer in Dallas, TX, from Patterson Law Group can make all the difference. We aim to educate our clients and empower them with the knowledge they need to fight for fair compensation from their insurance companies.
Read on to learn about the truth behind car accident payouts.
Texas is a Fault State
In Texas, the at-fault party covers the damages incurred in a car accident. If you are involved in a collision, your insurance company may attempt to dispute fault, aiming to pay out as little as possible. Understanding this can prevent misunderstandings and missed compensation opportunities.
Fault-Based Liability
In Texas, the law determines that the party at fault must pay for the other party’s damages. This system contrasts with no-fault states, where each driver’s insurance pays for their own damages, regardless of fault. As a result, insurers in Texas focus heavily on determining fault to decide claim settlements.
How Insurance Companies Respond
Insurance companies in fault states like Texas look for ways to minimize their liability. They may challenge fault determinations to limit payouts. This is where consulting with an auto accident attorney near me becomes crucial, ensuring that the insurer does not take advantage of you.
The Impact on Settlement Negotiations
The at-fault rule in Texas significantly impacts settlement negotiations. Insurance companies might offer less than you deserve, banking on the possibility of being unable to prove fault in court. An experienced car accident lawyer in Dallas, TX, can effectively challenge these tactics.
The Role of Evidence
Collecting evidence is critical in a fault-based claim. The success of your case heavily relies on proving the other party’s negligence. This includes gathering police reports, eyewitness testimonies, and other pertinent information, which can be managed with the help of an auto accident attorney.
Low Initial Settlement Offers
It’s common for insurance companies to offer low initial settlement amounts to car accident victims. These offers may seem tempting, especially when facing medical bills and other expenses. However, insurers do this hoping claimants will accept quickly and settle for less than they deserve.
This is why you need a skilled car accident lawyer in Dallas, TX, on your side. They can help assess the actual value of your damages and negotiate with the insurance company for a fair settlement. Don’t let the insurance company take advantage of you – consult an experienced attorney before accepting any offers.
Comparative Negligence Rules
Texas follows the doctrine of comparative negligence, meaning that fault can be distributed among all parties involved in an accident. Understanding these rules is crucial to a settlement.
Here’s how comparative negligence influences car accident settlements:
- Percentage-Based Reduction: Each party is assigned a percentage of fault, which directly reduces the compensation they can receive. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
- 51% Bar Rule: Texas has a 51% bar rule, which means if you are found to be more than 50% at fault, you cannot recover any damages.
- Negotiation Leverage: Insurance companies may use this rule during negotiations to argue you bear more fault and thus deserve less compensation.
- Evidence Importance: To minimize your fault percentage, presenting strong evidence can alter the perceived distribution of negligence, increasing your potential settlement.
Rather than navigating the legal system alone, you must rely on our car accident lawyers in Dallas, TX. At Patterson Law Group, we have the knowledge and experience to ensure you receive fair compensation for your damages.
Medical Records Requests
Insurance companies often ask for your medical records during a car accident claim. They do this to find evidence of pre-existing conditions that could reduce your payout. Insurers may use these records to argue that your injuries were not caused by the accident but rather existed beforehand.
Knowing your rights can help you control the situation. You don’t have to hand over all your medical history. You should only agree to share documents relevant to the injuries you sustained in the accident.
Consulting with a knowledgeable car accident lawyer in Dallas, TX, can help ensure you only share what is necessary and protect your claim from being unfairly diminished.
Recorded Statements
After a car accident, insurance adjusters may try to get recorded statements from you. These are audio or video recordings of your account of the accident. While these might seem harmless, they can be used against you by the insurance company to minimize your claim.
That’s why it’s important to consult with a lawyer before giving any recorded statements. A skilled attorney can help guide you on what information to share and how to protect yourself against any potential manipulation by the insurance company.
Remember, anything you say in a recorded statement can be used against you – so it’s always best to seek legal advice first.
You Need a Car Accident Lawyer On Your Side
Navigating the complicated world of insurance claims can be overwhelming, especially when dealing with car accident injuries and damages. That’s why it’s crucial to have an experienced car accident lawyer in Dallas, TX, on your side.
