Houston Accident Claims

Houston Lawyer Michael Grossman Discusses the Accident Claims Process

The Houston auto accident attorneys at Grossman Law Offices often receive questions regarding the Houston car accident claims process.

The following short article, provided by Houston car accident lawyer Michael Grossman, serves to answer some of those questions. The information contained below should answer questions in regards to how to reach a settlement with the auto insurance company, or, if such a settlement cannot be reached, what legal options may remain for an injured victim of a Houston car crash.

A Traditional Auto Accident Claims Process

Theoretically, a Houston accident claim offers a victim a specific route toward receiving just compensation for their damaged car. By seeking a car accident claim against an insurance company, a victim should be able to see their car repaired within a reasonable amount of time, or, if a total loss has occurred, the victim can see fair compensation awarded to them that covers the cost of their incurred financial losses. A typical claims process will go through these series of steps:

• Bob crashes into Tom’s car. The men exchange contact information and insurance details.
• Tom calls Bob’s insurance company.
• Bob’s insurance company sends an appraiser to assess the damage done to Tom’s car.
• Tom is furnished by a rental car while his car is being inspected or repaired.
• Tom’s car is fixed, or Tom is awarded compensation that covers a total loss of his car.

This is a common series of events that transpire in the aftermath of a passenger vehicle accident in Houston, or anywhere else in Texas. You may have likely been through such a process before. Such a process is relatively straightforward when it comes to property damage only car accidents. It is also regulated so that such accident claims can most often be pursued without the help of an attorney. While a typical Houston accident claim process may be time-consuming or even frustrating, it often works out the way it should, that is, a victim is able to receive repairs to their car or a check for their loss.

Injury Car Accidents Are Different

However, when an auto accident in Houston occurs that results in injury to a victim, the typical claims process often becomes atypical. Financial losses, known as damages in the legal world, are often much more substantial in an injury auto accident than they are in a fender-bender that only results in property damage. Consequently, the amount of money that an injured victim can seek through a Houston accident claim for an injury auto accident is much higher than what could be sought in a property damage only accident. Insurance adjusters are seldom keen on letting large amounts of money slip through their company’s grasp. As a result, they will often fight to see an injury auto accident claim denied or diminished. This could result in a claims process becoming elongated due to further investigations being made into the accident itself, or it could result in a concerted effort by an insurer to pin blame onto an injured victim or any other party involved in the accident that may divert liability from their client. In other words, an insurance adjuster will attempt many different tactics against an injured auto accident victim in the hopes that one tactic will work to get the claim denied or severely decreased.

Property Damage Auto Accidents vs. Injury Auto Accidents

Why is there so often such a discrepancy between the way an insurance adjuster treats an injured victim and a car accident victim who has not suffered injury? The main reason is that the State of Texas dictates what an insurance company can and can’t do in regards to property damage only auto accidents in Texas. In order to maintain their licensure and stay in business, an auto insurance agency must abide by these rules and guidelines. Furthermore, property damage has specific dollar amounts attached to it, unlike the nebulous sums that can be attached to issues involved when a victim suffers an injury, like their pain and suffering. Consequently, strict rules have been put in place in regards to how a car insurance company must conduct themselves when assisting an uninjured victim of a car wreck in Houston or elsewhere in Texas.

In stark contrast, few rules and regulations exist in regards to what an insurance company is allowed to do in regards to an injury auto accident. Since medical expenses incurred by an injured victim can be quite substantial, an insurance company may be on the line for a sizable amount of compensation to be awarded to that victim. However, an insurance company is still a profit-making business and will work to pay out as little as possible. They will employ certain tactics to see an injury auto accident claim reduced or denied. In such an instance, an injured victim stands to benefit from the legal help of a Houston auto accident attorney.

A Plaintiff Bears the Burden of Proof

An issue that is often incorrectly assumed to be true is that an insurance company automatically owes an injured victim money following an injury auto accident. An insurance company does not owe anything to an injured victim unless the victim can prove that their Houston accident claim is worth what they say it is worth. In other words, the burden of proof for a personal injury auto accident lawsuit in Texas lies with the plaintiff. This means that the plaintiff must be able to prove that the damages they’ve incurred were the result of a driver’s negligent behavior, and that the amount of damages requested is commensurate with their actual financial losses. Insurance adjusters are often all too content to allow an injured victim to stake their own claim without the help of a Houston personal injury attorney, as a non-attorney likely stands to make some mistake that could cost them some, or even all, of their due compensation.

Proving Liability Does Not Mean the Case is Won

Additionally, an injured victim of a Houston car wreck may believe they’re likely to see substantial compensation when an insurance company accepts liability for their client’s negligent behavior. However, this is only one-half of the equation. Despite the possibility of overwhelming evidence implicating an insurance company’s client for an auto accident, an injured victim must still be able to prove why they’re in need of the amount of compensation they’re seeking. This is known as proving up damages. Lesser experienced lawyers and non-attorneys will likely not have the requisite experience to understand the true value of a case, such as the actual worth of damages like pain and suffering or loss of earning capacity. This is an area where injured victims can often cause the most amount of damage to their case unless they have proper legal help form an experienced Houston auto accident attorney.

The Houston Personal Injury Law Firm of Grossman Law Offices Can Help You

When the Houston car accident law firm of Grossman Law Offices is enlisted to help an injured victim seek a Houston accident claim through a personal injury lawsuit, we will become the sole entity that interacts with an auto insurance company. Since we’re familiar with their tactics, and they’re often familiar with our firm, they seldom attempt to utilize certain methods against us that they often use on unsuspecting victims. Furthermore, with the experience of helping auto accident victims for the last 20 years, we have a full understanding of the valuation of a case and can help prove up damages so that you’re able to stand to receive fair compensation for your injury auto accident in Houston, Texas.