Posted by: Kemmy Law Firm
Being injured in a car or truck accident is frustrating. You’re suddenly dealing with injuries and lost income from being out of work. You have to get started on the insurance claim process, but do you know all your rights and options when dealing with an insurance company?
The other driver’s insurance company is not on your side. And you can’t trust the insurance adjuster to be upfront with you. They’ll be focused on limiting their liability and only tell you what they have to. This can be incredibly frustrating when you have questions or unsure of what to do next.
To make sure you have all the information you need during an insurance claim, work with an experienced car accident attorney at Kemmy Law Firm. With offices in Odessa, TX, Hobbs, NM, and San Antonio, you can call (210) 750-1019 or use our online form to schedule a free consultation.
11 Things an Insurance Adjuster Won’t Tell You
- The other driver’s policy limit. Insurers often don’t want to tell you the policy limit because it keeps you in the dark during negotiations. Lawyers are experienced in demanding that sort of information from insurers.
- Whether there are other insurance policies. An at-fault driver (or their employer) can have multiple insurance policies that could payout. This is possible when your claim is against a large motor carrier after a truck accident. But an insurer won’t tell you. Generally, a lawyer has to demand that information in court.
- You can choose the auto repair shop. Insurance companies like to provide a list of their preferred auto repair shops and make it seem like you have to choose one. You have the right to take your car wherever you choose.
- You don’t have to answer their questions right away. Insurers will often call and try to get you to talk about the accident and your injuries over the phone. These calls are recorded, and they’re hoping you’ll say something they can use against you. But you can decline to answer until after you’ve gained legal advice.
- You don’t have to sign anything. An insurance company might send you various forms and waivers, including one that allows the insurer to look into your entire medical history. You don’t have to sign these forms. Talk with an attorney before signing anything.
- You don’t have to cause a friend or relative trouble if they were driving. If your friend or family member was the driver at fault, you might hesitate to pursue an insurance claim. But you can and should because they carry auto insurance for this purpose. You can pursue an insurance settlement without causing your friend or relative harm.
- You can call a lawyer right away. An insurance company is never going to recommend you call a lawyer. But you have the right to an attorney throughout the entire insurance claims process. You don’t have to wait for a settlement offer or for when things go south.
- You don’t have to accept a settlement offer. An insurer might try to pressure you into accepting a settlement offer. You should never say “yes” or cash a check without talking with a lawyer first. That settlement offer might be too low or not include all of your injuries.
- A settlement offer might not cover everything. An insurance company might communicate an offer to you. But what does that offer include? It might cover your emergency room visit but not future medical care.
- Filing a personal injury lawsuit can help. Most car accident claims are resolved with a pre-trial insurance settlement. But that doesn’t mean you should avoid litigation. Filing a lawsuit, or having your attorney threaten to file, can help you negotiate a better settlement.
- You can recover compensation even if you contributed to the crash. Even if you were partly at fault, you can still recover compensation. New Mexico follows a pure comparative fault rule, so your compensation is reduced by your percentage of fault, no matter how much it was. Texas follows a modified comparative fault rule, so you can recover compensation as long as your percentage of fault is less than 51%.
Call Kemmy Law Firm for Help Today
Trying to figure everything out on your own after a car accident is not only a hassle, but it also puts you at a disadvantage. By working with Kemmy Law Firm, you can be confident you’ll have all the information you need, even if an insurance adjuster isn’t forthcoming during the claims process.
To learn more about how we can help during a car accident claim, contact us online or call (210) 750-1019. We offer free initial consultations and don’t get paid until we recover compensation.