Car and truck accidents are one of the leading causes of injuries, and deaths, each year in Texas. These accidents often result from the negligence on the part of one driver. If you have been injured by a negligent driver you need to contact a Texas auto accident injury attorney as soon as possible to ensure your rights are protected.

When injuries and property damage result from these types of accidents, the negligent party will often compensate the injured party through a financial settlement to pay for any damages incurred, such as property damage, medical bills, lost time from work, future medical bills, and any other damages that occurred due to the auto accident.

When speaking with your Texas auto accident injury lawyer you will likely hear the term “negligence” several times during the conversation. The reason it’s referred to often is that negligence is the level of care that many times has been violated when you are hurt in an accident that is not your fault. It is a legal term that simply means someone failed to act in a careful and responsible manner.

Often the insurance company for the other side will attempt to either downplay the negligence of their client or argue that the damages are not as severe as they actually are to the injured person. The insurance company’s adjuster does this to help save his company money to increase the bottom line and increase the adjuster’s year-end bonus.

As a result, many injured persons that do not have an experienced Texas auto accident attorney or those that try to go-it-alone are often short-changed by the insurance company.

What can you do to avoid being short-changed by the insurance company if you have been injured in an Texas auto accident or you feel the adjuster is being unfair?

The first step is to retain an experienced injury attorney well versed in auto accident cases and knowledgeable of the tricks that insurance companies use to avoid paying fair and just compensation to injured persons.

Also, if you see any of the following tricks used by insurance companies to deny fair compensation then you should contact an auto accident injury attorney immediately.

Low Settlement Offer – It is common for insurance companies to offer too low of a settlement offer for the damages incurred, especially to a person not represented by an attorney. Insurance companies will try to use a simple formula to calculate your losses, and it’s highly unlikely that this formula accurately reflects your true damages.

One thing your Texas car accident attorney will do is to require the insurance company to factor in all of your damages using a more complex formula, including losses you may not have thought to apply in your situation or losses that are not easily identifiable.

The Waiting Game – Insurance companies are notorious for trying to wear you down and wait for you to become frustrated with the process in hopes that you will just settle the claim. A few of the tactics include losing paperwork that you have previously sent to the insurance company, transferring you from person to person, and they may even just start ignoring you all together.

While this is obviously frustrating, what you need to understand is that much of what the insurance company is doing is done by design in hopes of creating frustration on your part; thus, prompting a settlement favorable to the insurance company. They even hope you become so frustrated that you just walk away from the claim all together.

Do not allow yourself to become a victim twice. The insurance company will not be able to ignore your injury attorney, and your attorney will know how to apply pressure to the insurance adjuster to make them pay attention to your claim.

Not Paying Medical Bills – A favorite tactic of insurance companies is to avoid paying medical expenses for the person that was injured based on any number of objections. If you hear the term “pre-existing condition" you need to stop all communication with the insurance company and seek the best Texas auto accident attorney you can find, because this is a clear sign that the insurance company is trying to avoid paying a proper settlement.

Other red flags are raised when an insurance company adjuster says you are exaggerating your injuries or that the injury you sustained is not as serious as you claim. In essence, the insurance company is saying that you are trying to amplify your injuries, and in some cases, they will even accuse you of committing insurance fraud hoping you abandon the claim.

Again, if this occurs, it is imperative that you seek the counsel of a qualified injury attorney skilled in auto accidents.

Your Health Insurance Will Cover It or Has Already Paid – While your health insurance may have paid your medical bills, the responsible party should still pay for the damages inflicted upon you by the accident.

By allowing your company’s health insurance to pay the tab it leads to higher health insurance premiums for you and your company. In some cases, it may be necessary to employ your private health insurance after an auto accident, but this needs to be evaluated by an experienced auto accident attorney.

Sending You A Check Before Meaningful Negotiations Take Place – In some cases, the insurance company may send you a check along with settlement paperwork very early on in the process. The insurance company is hoping that the check entices you to run to the bank and cash it to pay your medical expenses, other bills related to your accident, or preys on the fact that you may just need money (especially if you were out from work due to the accident). In the event that your doctor and hospital expenses were covered by medical insurance then the insurance adjuster is hoping you will start thinking what you could do with that extra money.

We often see this tactic used when the insurance company is trying to avoid paying what will clearly be future medical bills and related accident expenses. Remember, that if you sign the paperwork and cash the check it’s most likely a huge mistake!

If you have been injured in a Texas auto accident, and would like to speak with one of our Texas injury attorneys, please do not hesitate to contact us via email or call our office directly.