Getting your insurance claims filed after an auto accident can be a headache, and insurance companies are often reluctant to pay legitimate claimants the money they're rightfully owed.
A car or motorcycle accident is stressful enough, but the problems that the insurance companies construct in the process of getting valid insurance claims adds to the mental trauma of the accident. Insurance companies fight claims like your every single day. If you're not intimately familiar with the process of bringing an injury claim and fighting it in court, we strongly advise you to seek assistance from a motor vehicle accident lawyer who will represent your claim to the insurer and advocate on your behalf.
The Texas Unfair Claim Settlement Practices Act, which protects the rights of the policyholder in the face of unjustified actions from an insurance company, is one of the main weapons in the hands of a car wreck lawyer. According to this law, an insurer is legally prohibited from engaging in any kind of unfair claim settlement practices.
If you believe the insurance company is in violation of Texas' Unfair Claim Settlement Practices Act, we ask that you call our law firm for a free consultation. We can advise you of your rights moving forward, and can even handle your claim for no out-of-pocket costs. Call us today (toll-free) at (214) 617-1886.
There are some times in life when you need a motor vehicle accident lawyer. If you've actually been in an accident, you probably know that the time when you need a lawyer usually first arrives when you contact your insurance company. These companies do provide a valuable service, but they dont always do it with much enthusiasm. In fact, there are people who work at insurance companies whose job is to make sure that claims are denied more often than theyre paid. Heres the right way to deal with an insurance company.
Step 1: Make sure youre carrying the right kinds of insurance. Liability minimums are not enough. These dont protect you; they just protect other drivers against you ruining their car and having no way to pay for it. You need some insurance for your own vehicle. Comprehensive insurance seems very expensive until your vehicle is destroyed. It may seem like a bargain after an accident.
Step 2: Make sure you go with a reputable insurer. There are plenty of quickie style auto insurance companies out there. Dont go with these insurers unless you absolutely have to. An insurance agent can be a big help in finding a good insurer and, even if you have a bad driving record, you can usually get a good agency to cover you. The extra money you pay in premiums may pay off and your premiums will go down if you drive safe and maintain a good record.
Step 3: Call your attorney BEFORE your insurance company after a wreck. A Dallas car wreck attorney can make sure you dont ruin your own case by saying the wrong thing to an insurance company. This doesn't mean they help you lie. What it means is that they make sure that you dont fall for any verbal traps the insurance company may set up. At the root of it, lawyers are experts at arguing. They can make sure that being scared, angry and desperate after a car wreck doesn't lead you to ruin your chances of being compensated for your losses.
If you dont have an attorney, you can just carry the card of a law firm which works on contingency (like Rasansky Law Firm), in your vehicle. Call them if you have a wreck. These lawyers work for no upfront fees and there's always a chance that they'll pick up your case and help you seek damages.
The law says that you must carry liability auto insurance. Without it, you risk getting yourself into trouble in more ways than one.
The problems that most people have with selecting an insurance company (and policy) usually do not present themselves until after you've been involved in an accident. It's at this point that you may find out you have no rental coverage, no personal injury protection (PIP) coverage, any other not-so-nice surprises.
For most drivers, the state minimum insurance is inadequate. You’ll want to make sure you have coverage that will replace your car or repair it in the event that it is damaged. This means collision insurance at the least and comprehensive insurance if you want real coverage you can count on. Before selecting your policy, consider the following:
In some cases, people who have inexpensive or older vehicles mistakenly believe that they don't really need that much coverage. The problem with this is that it assumes that anyone you hit will also have an inexpensive vehicle. According to the law, YOU are liable for any related damages beyond your insurance policy limits.
Even though your car may not be worth much, you can still do a tremendous amount of damage to another vehicle with your car, so count on hitting someone at some point and on being liable for a lot of damages.
If you happen to be a younger driver, you’re going to be facing a situation where insurance companies are generally going to charge you as much as they possibly can. It’s not fair; you may be a very good driver and simply end up being saddled with higher charges because of your age.
If you’re a good driver, make these companies compete for your business. You’re still likely going to end up paying more than an older driver would, but even though this is the case, there’s no reason that you should let an insurance company take you for a ride simply because you’re young.
If you only have liability coverage (and not collision coverage), your policy will not cover any damage to your vehicle. There are plenty of people out there who think that if they get in a really bad wreck and their car is completely destroyed, that the insurance company will just total it out and send a check. This is only true if they have collision insurance, or if the driver who caused the accident has enough insurance to cover the damages.
In many cases, insurance companies only offer discounted rates for the state minimum for liability. There are some important things to remember about liability insurance, particularly at the state minimum levels:
If you can afford it, make sure you have uninsured motorist coverage which will cover injuries and damage to your car in the case of a hit and run, or in case you're in an accident with an uninsured (or under-insured) driver.
Discount insurance policies are oftentimes advertised as being great values. Insurance companies aren’t naive though. They’re not going to insure someone with accidents on their record at low rates and give them substantial coverage. You may pay much more if you buy insurance from a regular company, but your coverage will usually be much better. Additionally, discount insurance plans often have incredibly high deductibles. Can you afford a $1,000 deductible if you were to get into an accident today?
Sometimes, an insurance company will give you discounts if you have a certain type of job. Ask if they give a discount for people in your employment sector.
If you travel extensively, you’ll want to make sure that you’re adequately covered for wrecks. The more you drive, the greater the chances that you’ll be in a wreck. This is just math. If you work at home and don’t commute, you might want to consider dropping your coverage levels a bit since you’re not on the road that often.
Maybe your insurance will cover the cost of repairs, but it may not cover the costs of towing your vehicle to the garage to get those repairs. Remember to look for roadside assistance coverage. Some companies offer good policies for roadside assistance, and some people choose to get it separately from a company such as AAA.
Read about different insurance companies (including reviews) before you make any decisions! The cheapest companies out there sometimes don’t offer much to their clients, and while you may love those low rates for a while, you may quickly change your tune when it comes to filing a claim.
Contact a local car accident lawyer if you're in a wreck, and try to do so before you contact your insurance company. This is the best way to make sure you don't harm your ability to file a claim, and that you're given the best chance at a fair recovery.
Sometimes, they live up to it. In many cases, however, they fall short of that promise. When you're in this situation, you don't need another excuse; you need an experienced automobile accident lawyer.
If you're wondering why you need a car accident lawyer, consider the reason they exist in the first place. Lawyers provide an important service for people in your exact situation, and without a lawyer on your side, you're simply at a disadvantage.
They're experts at dealing with bureaucracies and of knowing the most obscure rules insurance companies have in place. They also know the obligations that companies have to their clients under the law. When they deal with insurance companies, the insurance company is much more likely to take your claim seriously. The company knows they're not going to get get anything past an attorney, and of course if they try, they're just going to make it worse for themselves.
What lawyers bring to your aid is knowledge and experience. They have confidence when they're dealing with these companies because they've done it before, they know what to look out for, and they'll do everything in their power to ensure their client gets paid.
The best time to contact a lawyer is right after the wreck, but the sooner, the better. In fact, if an attorney takes you on as a client, they'll insulate you from the insurance company completely, letting you focus on recovering from your injuries. Remember, the insurance company will most certainly be trying to find a way to avoid paying you a dime, so you need someone on your side advocating on your behalf.
There may be cases where you're not covered for certain types of damage, and where the insurance company legally doesn’t owe you anything, but DO NOT take their word for it! The insurance company can lie to your face, and often do. Do not let them take advantage of you and your family.
Filing a lawsuit is not a guaranteed win. It takes a favorable fact-pattern to bring a successful claim, and it takes an exceptional attorney to argue it successfully in front of a jury. For more information, or to discuss the facts of your case with us for free, call Rasansky Law Firm at (214) 617-1886.
Bringing a lawsuit against a negligent driver is not the only reason you should consider contacting a car accident lawyer. An experienced car accident lawyer can also handle common tactics often used by insurance companies to minimize settlement payouts. There are some instances where insurance companies become convinced that they do not need to pay out on a claim when that is not at all the case. If you're in any of the following situations, consider contacting a local vehicle accident lawyer.
The Company Falsely Claims You Were at Fault
Insurance companies are much more likely to listen to their own adjusters than they are to you. Frequently the people who investigate car accidents on behalf of insurance companies simply get things wrong or use tactics to stall the investigation. Unfortunately, it can be very difficult for a claimant to persuade an insurance company that the investigator isn't seeing or reporting fairly the circumstances. Attorneys employ their own investigators which provides leverage when dealing with these situations.
The Company Claims You Were Not Covered
Sometimes, insurance companies will try to claim that a particular situation that led to you being injured or suffering a great deal of property damage was not a situation under which you had coverage. An attorney can serve as a contract expert. They understand the obligations that insurance companies have to their clients from a legal perspective. Hence, the attorney can make certain that the insurance company will not use issues of coverage where not applicable, in some cases even if you were not covered.
Not Enough Compensation
Insurance companies may also not give you as much compensation as you justly have coming because of an accident. Car accident attorneys know enough about car accidents, insurance contracts and all of the other factors involved to make certain that you get competent representation and that your rights are respected. Insurance companies will do what they can to avoid paying you money or minimize that you are owed. Make certain that you speak with an attorney about the matter. They have a much better chance of getting an insurance company to reach a fair settlement and to provide you with the compensation that you deserve than you do on your own.
The reason for this is simply that teenage drivers constitute a much higher risk than older drivers. They are inexperienced, they're more prone to taking risks and, because of those factors, they tend to get in more wrecks. There are some programs out there that will reward younger drivers for good habits, however.
There are some insurance companies that reward teenagers for having good driving habits. It doesn't mean that you're going to be paying lower rates for them right away but, if they stay out of trouble and they keep a clean driving record, their rates will drop a bit, making them more affordable.
It's a great way to make certain that you're not paying too much simply because somebody who drives your car is young, particularly if they're a very responsible and intelligent driver. You may want to talk to an insurance agent to see if some companies offer programs that might be a good option for your child.
If you have a driver who is of college age and they are buying their own insurance, make certain that you do a little bit of work to help them find a good company. There are plenty of insurance companies that are going to solicit drivers of this age with low-cost plans that really don't offer anything other than the minimum level of coverage. Because college-age people generally don't have a lot of money to spare, losing their vehicle and not having a way to get compensated for it is likely to be a disaster and one that may affect their ability to perform in school because of losing their transportation.
Sometimes, if you go with a low cost insurance carrier, you will end up with problems when you try to file a claim. If you do end up with these problems, you may want to contact an auto accident lawyer in Dallas to see if you have legal options.
They can work with you and, if you find a good car accident lawyer, they may be able to establish that it wasn't even your child's fault that the wreck took place. Unfortunately, people tend to look at younger drivers right away when an accident happens, even if it wasn't their fault and even if they've been an excellent driver up until that point.
Even when ignoring the Uber controversy, recent news may leave you with serious questions.
Dallas-Fort Worth is quite a busy Metroplex, filled with people trying to commute from place to place. Therefore (as you can imagine), the use of taxis, buses, and rideshares are very popular in Dallas. Probably the most popular cab company in Dallas is the Yellow Cab Company.
Within the rules for the city of Dallas, it is stated that a cab company CANNOT act as its own insurance company -- or in other words, a cab company cannot be self-insured. This helps to ensure that a taxi company cannot simply deny passengers' car accident claims themselves in order to save money.
Here is where calls of favoritism come into play. During an investigation, it was discovered that Yellow Cab is self-insured for the first $250,000 of its $500,000 policy. For ten (10) years, the Yellow Cab Company has been self-insuring its company, and the city of Dallas has allowed it!
Self-insuring saves them a lot of money, and could be what has allowed Yellow Cab to beat out its competition. Ambassador Cab was upset to hear that Yellow Cab self-insured because in 2011, Yellow Cab paid insurance premiums per car of approximately $650, while Ambassador Cab paid insurance premiums and deductibles per car of approximately $1,500. Ambassador Cab pays approximately 130 percent more for insurance than Yellow Cab does.
Of course members of other cab companies weren't too happy to hear this, but heads turned when a Dallas City Council member also had something to say about the issue. These are thoughts form Dallas City Council member Sandy Greyson about why the Yellow Cab being able to self-insure is not fair and should be put to a stop. "People who self-insure versus paying for their insurance have an inherent advantage, and they can make a lot of money that other companies can't because they have to spend it on their insurance premiums. We need a level playing field."
Due to the unfair favoritism given to Yellow Cab by the city of Dallas, Dallas Interim City Manager, A.C. Gonzalez had given Yellow Cab 30 days to follow the standard rules for a cab company in the city of Dallas. As of 11/19/2013, Yellow Cab Co. has so far failed to convince Dallas officials that its taxis are legally insured, according to the city attorney’s office.
Because a great deal of damage can be done to property and because many of the people involved may end up suffering injuries that cost them tremendously in terms of medical expenses, car crashes can end up financially crippling anybody involved in them. Insurance is the way that you provide yourself with some insulation against the tremendous risks that go along with being out on the highways. If you have the right policy, you can be certain that you'll be able to get roadside assistance when you need it and that your expenses will be covered.
Some people end up being very disappointed when they find out that they didn't have as much coverage as they thought they did after they've been involved in a car crashe. This usually happens when they confuse liability insurance with collision insurance. The basic concept of both types of insurance coverages are easy to understand. If you're involved in a car wreck and you hit another vehicle or someone else's property and destroy it, liability insurance is there to cover the damages. If you slip off of the road and slam into a phone poll, destroying your vehicle, liability insurance will not cover this, but collision insurance might. Understanding the difference can help you to avoid being disappointed in the coverage you have.
Another situation where people get confused has to do with what collision insurance actually covers. Imagine that you're in a grocery store parking lot and, a small child, a bit too excited about using a shopping cart like a skateboard slams into the side of your vehicle, wrecking your expensive paint job. In all likelihood, collision and liability insurance are not going to step in to cover this. Comprehensive may cover this, however. If you have a very expensive vehicle, having comprehensive insurance is generally a good idea.
In some cases, the expenses that a car wreck ends up costing you may be far beyond what insurance companies can pay in compensation. If this is the case, contact a Dallas auto wreck lawyer. An attorney can sit down with you and determine whether or not you have the additional option of filing a lawsuit against the other driver for negligence. This may end up netting you a large settlement or jury award, if your case is successful.
Most of the time, auto insurance companies are pretty good about paying out claims. There are situations, however, where you may find that they are extremely reluctant to pay out a claim, even though it's clear to just about anyone that they should be paying on it.
In such situations, you may want to talk to an attorney. They can help you work through Texas auto accident insurance claims where the insurance company isn't being helpful or is being downright irresponsible about holding up their end of a contract.
Stop talking.If you decide to go the route of speaking to an attorney, you want to stop talking to the insurance company directly. If the attorney takes you on as a client, they're going to advise you to do this right away. This is because they don't want you to say anything to the insurance company that may ruin your chances of getting your money from them in court. This all sounds well and good, excepting the fact that many people in this situation are without a vehicle and without money. If you find yourself in this situation, do not despair.
Some of the best auto accident attorneys out there work on a contingency basis. These attorneys don't charge their clients unless the attorney actually wins money for their clients. This arrangement ensures that the client can proceed working with the attorney with the utmost confidence that the attorney does, in fact, believe in the client's case. After all, if the attorney can't argue the case successfully or get a settlement, the attorney is simply not going to get paid for their time and effort.
Going after an insurance company may end up being enormously simple. After being contacted by an attorney and realizing that you're serious about getting your money that you're owed, they may offer you a settlement that is enough to cover your expenses. If they do not, however, the attorney can go to court and argue your claim for you. This will leave it up to a jury as to whether or not you get paid, but a good attorney certainly increases your chances of winning.
Where winning is concerned, remember that there's no way to guarantee it. You won't know whether or not your case is going to win until the jury hands down their verdict. If an insurance company isn't living up to their obligations, however, going to court may be your only option.
Insurance companies are generally pretty hit and miss, no matter which company you go with. Sometimes they'll meet their obligations to their clients without any protest at all, and on other occasions, they'll do everything they can to avoid paying any amount - even if it's obvious that they owe it to their client. In these cases, it can be frustrating—even maddening—to deal with their representatives.
Insurance companies are not in the business of paying out claims. They're in the business of making profits. If there's a way that they can avoid paying out on a claim, you can be sure that they'll generally do everything they can to take advantage of it. It may mean that in some cases, you simply end up with higher insurance premiums.
These companies have employees whose sole job it is to find ways to deny claims, and they know every trick in the book. Rest assured you're probably going to be outmatched trying to take them on without an attorney on your side.
In some cases, because of insurance companies being difficult, people end up not even having a vehicle after a wreck. If your insurance company was paying up, you'd likely just end up "totaling out" your vehicle and getting enough money to at least put a down payment on a new one. If the insurance company is determined not to pay, however, you may find yourself without any options at all and having to deal with being bereft of a vehicle and of any money to buy a new one.
Contacting an attorney is always a smart move after you have been injured in a wreck. Our job is to help people just like you. You can usually meet with an attorney for free and they'll let you know what they think of your claim. If they believe that they could help you out, they may want to take you on as a client. Make sure they operate on a contingency agreement. This means that you don't pay them unless you win your claim through a settlement or a jury award.
A good Dallas car accident attorney will give you the best chance of winning your claim. Look for a Dallas car accident lawyer with experience and a great deal of knowledge about negligence law and insurance companies.
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