How the claims process works

Many Houston car accident victims ask our attorneys for an explanation regarding the car accident claims process.

Theoretically, if you are the victim of a car accident, there is a clear and concise claims process that you will be subjected to.

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  • Driver A causes a collision with Driver B.
  • Driver B contacts Driver A’s insurance company.
  • The insurance company sends an appraiser to assess the damage to Driver B’s vehicle.
  • A rental car is provided while the investigation is ongoing.
  • Driver B’s car is repaired or Driver B is given a check in the event of a total loss.

The reality of the situation usually does not match this theory. Most car accident victims in Houston will experience some trouble or difficulty during the claims process, particularly when there is an injury involved. If your experience dealing with an insurance adjuster is anything other than what is described above, you are likely falling victim to the classic insurance adjuster bag of tricks and can benefit from the use of an attorney.

Our Houston car accident injury attorneys can assist you by intervening at what ever step of the claims process you are at in order to ensure that the adjuster gets back on track.


Some of Our Most Recent Successful Cases
$1,000,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
(policy limits) A husband and father of three was killed when the driver of an 18-wheeler veered into oncoming traffic, striking the young man's vehicle and several others. The defendant was employed by a small construction company that operated only a single 18-wheeler. As such, the defendants were largely underinsured and were not financially solvent.

Furthermore, the defendants had an eroding insurance policy and numerous other parties were intent upon filing claims of their own since the 18-wheeler struck multiple other vehicles. This created the need for an aggressive and rapid response before the other claimants could erode the policy.

Defense counsel made it clear that they wished to litigate the case despite the insurmountable liability arguments that our attorneys presented. They intended to designate a third party as a responsible defendant since the accident happened in a construction zone, even though it was abundantly clear that the construction zone played no role in the crash.

Additonally, the defendants made it clear that they wished to downplay the extent of the damages by virtue of a character assasination on the decedent. Fortunately for our clients, our firm has successfully litigated against the defendant's insurer in nearly a dozen cases, so the carrier was quite aware of our courtroom capabilities. We presented a sample lawsuit to the defendant's insurance carrier and informed them that the lawsuit was to be filed the moment that they refused to settle.

Additionally, our attorneys submitted a Stowers' Demand with a brief window of time for the defendants to respond. We made it abundantly clear that we intended to seek punitive damages and that we would assert the full limits of the carrier's exposure under the Stowers' Demand should the carrier not offer policy limits.

The defendant's attorney adamantly persuaded the carrier to litigate, however, our attorney's threats of litigation, past track record, and incredibly aggressive pre-litigation actions convinced the insurance carrier to disregard their own attorney's advice and to settle the case, lest they face our attorneys in court.

Had our clients been represented by virtually any other firm who did not have our specific track record or who would have not recognized that this case required special and immediate attention coupled with an abnormally aggressive stance, the client's would have certainly been tied up in litigation for years, with the limited supply of funds rapidly depleting since the other claimants who did not need to litigate would have essentially had right of first refusal.
Total Recovery:
$1,000,000.00
Attorney Fees:
$333,333.00
Litigation Expenses:
$0.00
$50,000.00 Recovery - Automobile Accident (Whiplash)
Recovery for client who sustained whiplash after being rear-ended in a car accident.
Total Recovery:
$50,000.00
Attorney Fees:
$20,000.00
Litigation Expenses:
$5,334.00
$48,800.00 Recovery - Automobile Accident (Knee and Back Injury)
(policy limits + secondary claim) Recovery for victim who suffered knee and back injury due to a car accident.
Total Recovery:
$48,800.00
Attorney Fees:
$15,000.00
Litigation Expenses:
$1,188.00
$300,000.00 Recovery - Wrongful Death / Third Party Dram Shop
(policy limits) An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle's occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.
Total Recovery:
$300,000.00
Attorney Fees:
$132,000.00
Litigation Expenses:
$0.00
$47,500.00 Recovery - Automobile Accident (Broken Leg)
(policy limits) Recovery for client who sustained a broken leg in a car accident.
Total Recovery:
$47,500.00
Attorney Fees:
$19,000.00
Litigation Expenses:
$168.00
$350,000.00 Recovery - Wrongful Death / First Party Dram Shop
Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over served alcohol at a South Padre Island bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.

The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.

The defendants then asserted allegations that the decedent's minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.

The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar's encouragement of the over service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bar tenders who over served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.

Once the safe harbor defense was defeated, the defendants argued that the decedent's BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over served. Eyewitness testimony refuted this.

Additionally, our firm's testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent's BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital's medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.
Total Recovery:
$350,000.00
Attorney Fees:
$140,000.00
Litigation Expenses:
$40,000.00
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a car accident.
Total Recovery:
$25,000.00
Attorney Fees:
$8,250.00
Litigation Expenses:
$100.00
$75,000.00 Recovery - Automobile Accident (Neck & Back Sprains)
(policy limits) Recovery for client who suffered sprains in the neck and back due to a rear-end car accident.
Total Recovery:
$75,000.00
Attorney Fees:
$21,277.00
Litigation Expenses:
$680.00
$210,000.00 Recovery - Automobile Accident (Neck Injury Requiring Surgery)
Our client was injured in a motor vehicle accident when an employer driving a company vehicle failed to yield the right of way and collided with the plaintiff's vehicle. The defendant's employer was sued for negligence soon thereafter. The defendants alleged that the company should not be held liable for the actions of the employee.

They claimed that the employee was not in the course and scope of his employment at the time of the accident. Through discovery, our attorneys learned that the defendants had a policy, both written and implied, whereby employees of the company were allowed to drive work vehicles after hours.

Furthermore, our attorneys argued case law that expanded the definition of course and scope which showed that the defendant was indeed "on the clock" when the accident occurred.

As a result, the defendants conceded liability and turned their defenses toward the alleged damages. They claimed that our client had a preexisting condition that was responsible for her current state.

We deposed the emergency room physician who assessed the client and recommended surgery regarding the medical necessity of the surgical procedure and the proximate cause of the plaintiff's condition. He testimony unequivocally defeated these arguments. The case was satisfactorily resolved through litigation.
Total Recovery:
$210,000.00
Attorney Fees:
$70,110.00
Litigation Expenses:
$3,787.00
$200,000.00 Recovery - Automobile Accident (Closed Head Injury)
Recovered for car accident victim who suffered a closed head injury.
Total Recovery:
$200,000.00
Attorney Fees:
$66,666.00
Litigation Expenses:
$1,500.00

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