Texas Accident Claims Against Allstate – If you have been involved in a motor vehicle accident in Texas, there is a good chance that you may end up having to fight a claim against Allstate. Allstate is the third-largest insurance company in the United States, and it ensures drivers in all 50 states. Fighting a claim against Allstate can be quite tedious and frustrating, but with the right Texas personal injury attorney, you will be able to increase your chances of prevailing in your case.
What Do You Have to Prove in a Car Accident Claim?
Texas is a fault-based motor vehicle accident state. If you are involved in an accident in a fault-based state, it means that negligence must be proven in order for an accident victim to prevail and obtain a damages award for his losses.
There are three primary elements in negligence claims:
- The at-fault driver owed a duty to the accident victim;
- The at-fault driver breached this duty by acting negligently; and
- As a direct result of this negligence, the victim suffered damages.
All Texas drivers have a duty to operate their vehicles in a manner that is safe and reasonable under the circumstances. Texting while driving, drinking and driving, and speeding are all common examples of breaching this duty.
As for damages, accident victims may endure thousands of dollars in medical expenses, lost wages, and similar losses.
Negotiating a Motor Vehicle Accident Claim
If the at-fault driver was insured by Allstate, an Allstate adjuster will promptly call the accident victim and attempt to negotiate a settlement. Accident victims must remember that Allstate adjusters only work for Allstate—and their job is to help Allstate pay as little as possible on motor vehicle accident claims.
If you have been involved in an accident and an Allstate adjuster is calling you to discuss the accident, it is best to tell the adjuster that you have hired (or will be hiring) an attorney and that your attorney will be in touch to discuss the case.
Any statement you make to an adjuster, no matter how harmless it may seem, may be used against you in your case. Therefore, it is best to let your attorney handle these conversations to ensure your legal rights are protected.
Your attorney will discuss the claim with Allstate and will provide evidence of your damages. Damages may include:
- Medical expenses
- Lost wages
- The estimated cost of future medical care
- The expense of remodeling a home, such as installing a wheelchair ramp
- Pain and suffering
Your attorney will make sure that all avenues of recovery are pursued so that you are compensated fairly for your losses.
How does it work?
Your attorney will send this evidence along with a demand letter to Allstate. A demand letter lays out the facts of the accident, how the at-fault party was negligent, and how you were injured. The demand includes a proposed settlement figure as well.
In most cases, however, Allstate will either outright deny the claim or will counteroffer with a much lower figure. In some cases, adjusters continually pass the case to other adjusters, which delays the claim. This tactic may be used to cause frustration for the accident victim, and, eventually, the pressure to settle the claim.
Additionally, some Allstate adjusters simply use computer software to calculate the value of a claim. In reality, two individuals who suffer the same injury will be affected by it quite differently. Understanding an accident’s impact takes analysis by a real person. This is another reason why Allstate may offer a low settlement amount.
If Allstate refuses to settle the claim for a reasonable amount of money, it may be necessary to file a lawsuit. Fortunately, an experienced Fort Worth car accident attorney will be able to file all necessary documents and attend all court hearings on your behalf so that you may focus on recovering from your injuries.
If You Have Been Injured in the Fort Worth, Texas Area, Let Patterson Law Group Help
The experienced Fort Worth personal injury attorneys at Patterson Law Group are experienced in fighting Allstate and other major insurance companies. To schedule a free consultation to discuss your claim, call (817) 784-2000 or visit www.pattersonpersonalinjury.com.