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Fighting the Insurance Company After a Car Accident

Home  >  Blog  >  Fighting the Insurance Company After a Car Accident

March 1, 2025 | By Richards Penn Bonner, PLLC.
Fighting the Insurance Company After a Car Accident

Understanding how to handle insurance company negotiations effectively and knowing when to seek legal help can significantly affect your claim's progress after you’re involved in a car accident.

Therefore, it’s important to get medical attention and then contact a car accident attorney.  They will help you understand your best options.  Lawyers have experience dealing with insurance companies and will be your best ally after an accident.  

You should also document everything about the accident as soon as possible. Photographs taken of any vehicle damage, the accident scene, and visible injuries. This documentation should be given to your attorney and can help create a strong foundation for your insurance claim.

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Speak to a Car Accident Lawyer

Insurance agent examine the damage of the car after accident on report claim form process.

Because insurance companies are focused on making money, speaking to a lawyer can help you maximize your compensation. Discuss your case with a car accident lawyer before you proceed with a claim. A lawyer also knows how to negotiate effectively and can sue to protect your rights if necessary.

Don’t Accept a First Offer

Insurance adjusters know that people often feel stressed about mounting medical bills and lost income, making them more likely to accept a quick settlement. However, agreeing to a quick settlement offer can backfire, especially if you're still receiving medical treatments or haven't yet determined the full extent of your injuries.

A qualified car accident attorney understands insurance company tactics and can correctly assess your claim by considering the relevant factors. These factors include current and future medical expenses, lost income, diminished earning capacity, pain and suffering, and long-term impacts on your quality of life.

Your Attorney Will Preserve Vital Evidence

Your attorney communicates with the insurance company, preventing you from saying something that could harm the claim process. They’ll preserve the required information - including medical records, expert testimony, and a reconstruction of the incident.

You Lawyer Will Ensure Your Filing

Time is critical when filing a claim. Insurance companies often hope delays will pressure you to accept a lower settlement. An attorney can keep your case moving forward, ensuring all aspects of your damages are properly documented and considered. They can also protect your rights under the statute of limitations, recognizing the deadline.

You Won’t Pay Your Lawyer Unless You Get Paid

Many accident victims worry about attorney fees, but most personal injury law firms charge a contingency fee. They don’t get paid unless they win your case.

By Working with a Lawyer, You Can Maximize Compensation

A skilled car accident attorney can identify all possible sources of compensation. In addition to at-fault driver's insurance, coverage might be available through insurance policies, including uninsured/underinsured motorist coverage. Your attorney analyzes all potential coverage sources to maximize your recovery.

Insurance companies often try to discourage accident victims from seeking legal help, claiming it will only complicate matters or delay your settlement. However, research reveals that paying for legal help ensures a better outcome with respect to your rights and payout.

Your attorney can also help ensure that the settlement addresses any liens or claims against your recovery, such as medical liens or health insurance subrogation failures. Failure to address these claims causes significant problems after a settlement, potentially leaving you responsible for unpaid medical bills and other related costs.

Documenting the Proof 

Two drivers man arguing after a car traffic accident collision and making phone call to Insurance Agent and take a photo.

Documentation is critical throughout the insurance claim process. Your attorney can help you maintain detailed records of all accident-related expenses, including medical bills, prescriptions, transportation, and lost income. They can also help you document non-economic damages like pain and suffering through pain diaries and the testimonies of family - relating how your injuries have affected your daily life.

Weighing Your Options

Settlement negotiations often involve multiple rounds of offers and counteroffers. Your attorney can help you understand the strengths and weaknesses of your case so you can make informed decisions about settlement offers. They can also advise you on when it might be necessary to file a lawsuit to achieve a fair resolution.

Working with a Lawyer Results in Better Outcomes

Remember that insurance companies have teams of adjusters, investigators, and attorneys working to minimize their payouts. Legal representation helps ensure that your rights are protected and that you receive fair compensation for your injuries and losses. While the process may take time, the result is often worth the wait when you receive a settlement that truly reflects the full value of your claim.

Immediate Steps After an Accident

The days following an accident are critical for building a strong insurance claim.

  • Ensure Safety and Seek Medical Attention: The priority is to ensure everyone involved in the accident is safe and receives the necessary medical attention.
  • Document the Scene: Collect any photographs of the accident scene, damages to your vehicle, and injuries. Get witness contact details and obtain a copy of the police report.
  • Contact Your Insurance Company: Notify your insurance company about the accident immediately.
  • Be Cautious When Making Statements—Talk to an Attorney: Avoid giving recorded statements or signing any documents from the other party's insurance company without consulting an attorney.

Dealing with Insurance Adjusters

Insurance adjusters work at keeping claims lower. They investigate claims and determine how much the insurance company is willing to pay. Therefore, they may employ specific techniques to minimize the value of your claim.

  • Early Settlement Offers: Be wary of quick settlement offers, especially if you're still receiving medical treatments or don't know the full extent of your injuries. These offers are often far below the actual value of your claim.
  • Recorded Statements: Again, be cautious about giving recorded statements, as anything you say can be used against you later.
  • Medical Releases: Don't sign any medical releases without speaking to an attorney first.

Benefits of Hiring a Personal Injury Attorney

In a courtroom, a judge with a gavel presides over a car accident case. Lawyers present evidence and legal documents.

A qualified personal injury attorney can level the playing field. They have experience handling car accident claims and understand how insurers can minimize the payout.

  • Claim Valuation: An attorney can accurately assess the value of your claim by considering all your damages, including medical costs, lost earnings, pain and suffering, and future damages.
  • Negotiation: Attorneys are skilled negotiators who frequently deal directly with the insurance company on your behalf and fight for a fair and reasonable settlement.
  • Litigation: If a fair settlement isn’t reached, your attorney can file a lawsuit in court. Because insurance companies prefer to avoid this process, you’re more likely to settle out of court.
  • Protection of Your Rights: An attorney will protect your rights so the insurance company does not take advantage of you during the claim process.

Insurance Company Tactics

Insurance companies may use different methods to minimize or deny an insurance claim.

  • Blaming the Victim: The insurance company may try to direct the blame onto you or argue that your injuries were pre-existing, so you’re not entitled to benefits.
  • Downplaying Injuries: An insurer may try to downplay the severity of your injuries or argue that you don't need ongoing medical treatment.
  • Delaying Tactics: The insurance company may delay the claims process, hoping you'll settle for less. This can impact your quality of care.

Call a Car Accident Lawyer Now

Dealing with insurance companies after a car accident is challenging. Hiring a car accident attorney can help protect your rights and ensure you receive the compensation you deserve. Speak to a East Texas personal injury lawyer right away.

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Table Of Contents

  • Speak to a Car Accident Lawyer
  • Don’t Accept a First Offer
  • Your Attorney Will Preserve Vital Evidence
  • You Lawyer Will Ensure Your Filing
  • You Won’t Pay Your Lawyer Unless You Get Paid
  • By Working with a Lawyer, You Can Maximize Compensation
  • Documenting the Proof 
  • Weighing Your Options
  • Working with a Lawyer Results in Better Outcomes
  • Immediate Steps After an Accident
  • Dealing with Insurance Adjusters
  • Benefits of Hiring a Personal Injury Attorney
  • Call a Car Accident Lawyer Now

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Hundreds of people are injured in our country every day. We know what you are facing and what to expect as you enter the personal injury claims arena. You don’t need to go it alone. Our team will fight to protect your legal rights and work to create a brighter future for you and your family

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