The facts of a car accident claim might seem obvious to you, but the insurance company may have its own version of events. If the insurer disputes fault or questions your injuries, a McKinney auto accident injury attorney can help you prove your claim. Even when the facts seem to be on your side, proving them takes time and the right kind of evidence. So how does an attorney handle a disputed car accident claim?
Lucé Law, PC helps clients in McKinney and throughout North Texas handle disputed auto accident claims by reviewing evidence, dealing with insurers, and pursuing compensation through negotiation and litigation when necessary.
Why Insurers Dispute Car Accident Claims
Insurers have a financial interest in how a claim is resolved, which can lead to disagreements over fault or damages. In many cases, the first point of dispute is who caused the crash. Drivers may give conflicting accounts of the accident, and there may be no witnesses to confirm either version.
Insurance companies often argue that an injury is minor or that it came from a preexisting condition rather than the crash. If you waited weeks to see a doctor or missed appointments, the insurer might say your injuries were not serious. Some insurers also cite low vehicle repair estimates as proof that a crash wasn’t serious enough to cause significant injuries.
How Texas Fault Rules Affect Your Claim
The driver who causes an accident in Texas is responsible for the resulting damages because the state follows an at-fault system. Under its modified comparative fault rule, anyone found 50% or less at fault can still recover compensation. For example, a driver found 20% at fault with $50,000 in damages would recover $40,000.
Anyone found 51% or more at fault recovers nothing, which is why insurers often push to raise a driver’s share of the blame. When fault is contested, having an attorney for your car accident claim can help protect your recovery.
How Car Accident Attorneys Build the Evidence
Attorneys gather evidence and investigate the crash to support a car accident claim. They typically request the crash report from the police department that responded, along with photos and video from traffic cameras, local businesses and dash cameras. In some cases, attorneys interview witnesses themselves and bring in consultants, such as accident reconstruction professionals. They also review medical records and treatment history to link your injuries to the crash.
How Attorneys Negotiate With the Insurer
After completing their investigation, your car accident attorney sends the insurer a demand letter. The letter uses the evidence to request a specific amount for medical costs, lost wages and pain and suffering. If the insurer responds with a low offer, your attorney can counter with evidence that supports a higher figure. This process can take weeks or months, but the goal is to reach a fair and reasonable settlement amicably, respectfully and cost-efficiently prior to formal litigation. However, if the insurance company does not want to resolve the claim fairly and reasonably, then a lawsuit should be filed to ensure you are treated respectfully and properly.
When a Disputed Car Accident Claim Goes to Court
While many personal injury claims settle during negotiations, your attorney may need to file a lawsuit if the insurer will not make a fair offer. Once a lawsuit begins both sides exchange information through discovery, which includes depositions and document requests. Texas courts often require mediation before a case goes to trial, and many cases are settled at this stage. When you cannot reach an agreement, your attorney will prepare for trial.
Speak With a Car Accident Attorney in North Texas
When your car accident claim is disputed, you need an experienced attorney by your side. Lucé Law, PC supports people in McKinney and across North Texas with auto accident claims and other personal injury cases. Call (972) 632-1300 or request a free legal consultation.
