What Are The Top Misconceptions People Have About Auto Accident Claims?
The biggest misunderstanding people have is that the liable insurance company is going to take responsibility of all the damages, without the claimant having legal representation. Also, the claimant’s expectations of how payments are made throughout the process. For example, people will come and have already incurred medical bills and they will want immediate reimbursement for those bills. That is not how the process works in Texas. You have a one-time settlement at the conclusion of your case or your claim that pays for past medical bills and future medical bills. It is not a pay-as-you-go system.
What About Fault And How That May Affect My Auto Injury Case?
Oftentimes, people believe that if a police officer cited a driver, then that driver is automatically at fault. Insurance companies consider the findings of the investigating police officer, but they often rely on statements made by their customer. If their customer is lying about how the crash happened and saying it was not their fault, then the insurance company will often ignore the findings of the investigating police officer and deny liability, requiring a lawsuit to be filed.
What Are The Time Limits For Bringing A Personal Injury Lawsuit When Involved In A Car Accident?
The statute of limitations in Texas is two years after the date of the crash.
What Steps Would You Want Someone To Take Once They Have Been Involved In An Auto Collision And Suspect They Are Going To Need To File A Claim?
The first step, if you have been involved in an auto collision, is to make sure that everyone is safe. You need to document the vehicles by photograph immediately after the crash, and then move them out of the roadway, so that people are not in danger. You need to immediately address any medical needs people have. You do not necessarily have to go to an emergency room by ambulance, but you need to immediately secure medical care for any injuries that were sustained. Document what happened with photographs and take recorded statements on your phone, if you can.
You need to make sure that you have proper information of all the parties and witnesses involved. That would include full legal names, telephone numbers, addresses, driver’s license numbers, and email addresses. Call the police, so that they can document what happened and conduct an investigation.
Should I Notify My Insurance Company Of The Accident Right Away?
Notify your own insurance company of an accident as soon as possible. You have certain duties under your insurance policy to promptly and timely notify your insurance company, so that they can conduct their own investigation. Notify the other party’s insurance company, as well.
What Defenses Do Insurance Companies Use To Avoid Paying Out On Claims?
Insurance companies will use a multitude of legal defenses in Texas, such as saying that it was an unavoidable crash because of a sudden emergency, such as a child darting into the road or ice on the roadways. If there are no documented witnesses and the person who caused the crash is not telling the truth about it, and you do not have a police report, the insurance companies will simply deny the claim. That is why it is extremely important to call the police to have them come investigate, collect photographs, and take witness information. Insurance companies will look for any opportunity to deny a claim.
For more information on Misconceptions About Auto Accident Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 880-4300 today.