Car Accident Claims Attorney.
A car wreck case creates major headaches for an innocent driver. First, you will get bills for your medical injuries. Second, you will need to fix your car. Finally, someone needs to pay for all of this. Fortunately, a car insurance lawyer can help you with these problems.
This is because insurance companies pay for most car wreck cases. Specifically, the bad driver’s insurance company must pay for the harm its insured driver caused. But the key to getting a fair settlement is to develop your case. In other words, you must provide the insurance company with proof of your losses.
And the first place to start is to get the crash report from the accident. This report will have a ton of useful information that your car accident lawyer will use to work up your case. For example, the crash report will have the names, addresses, and insurance details for the drivers involved in the car wreck. Also, the crash report may tell you which driver caused the wreck.
From there, your car wreck attorney can file a claim with the insurance company to cover your costs, expenses, and losses. However, to see how car-wreck claims work, we first need to review what an auto policy usually covers. This will give us an idea of what a fair offer should look like. And it will give you options to consider after a wreck.
File an Auto Insurance Claim after a Car Wreck.
Texas law states that the driver who caused the accident must pay for the damages. As a result, you or your car wreck attorney should file a claim with the bad driver’s insurance company. This is because Texas law requires all drivers to carry or have auto-liability insurance. The law calls this liability coverage.
But liability insurance is only the beginning. You may have other options depending on your case. Below is a list of the most common types of car insurance that can help you get back on the road, pay for your injuries, and cover your lost wages.
1. 30/60/25 Texas Liability Insurance.
- You must have a policy that pays at least $30,000.00 per person for injuries;
- The policy must pay up to $60,000.00 per car wreck;
- Plus, the policy must have $25,000 to cover property damage;
- This is “30/60/25” basic insurance.
2. Collision Insurance.
- Pays to fix or replace your car;
- It does not pay for damage to the other car.
3. UM/UIM Insurance.
- This type of insurance kicks in if the other driver does not have any insurance or if he does not have enough insurance to pay for the car wreck;
- You can check your own policy for this type of coverage;
- If you have UM/UIM insurance, then it will pay for your car damages, medical treatment, lost wages, and pain and suffering; and
- If you qualify for this coverage, then it will not raise your rates.
4. Personal Injury Protection (PIP) Insurance.
- Texas law provides for PIP coverage that pays for your medical bills;
- It also pays for the medical bills of your passengers;
- It is no-fault insurance;
- Check your policy to see if you have PIP coverage.
Dealing with an Insurance Company after a Car Wreck.
The good news is that most car wrecks in San Antonio do not cause serious injury or death. This means that the types of insurance coverages listed above will help most people pay for their repairs and medical bills. The bad news is that dealing with an insurance company creates a different type of headache.
Namely, insurance companies often low ball injured drivers. Or worse yet, they deny a legit claim all together. This leaves an injured driver without a car, unpaid medical bills, and a sour taste in their mouth.
However, this is where a car insurance attorney can provide real value to your case. A car wreck lawyer will talk to the insurance company for you and push for a top offer. The attorney will also prepare a Stowers letter asking the insurance company to accept a fair offer.
When done right, the Stowers letter will put pressure on an insurance company to settle claim. This is because Stowers puts a duty on insurance companies to settle reasonable claims that are within the policy limits of the insurance coverage. If the insurance company does not accept a fair offer to settle the case, then they may be on the hook for an amount above the coverage limits if the case goes to trial and a jury rules in your favor.
What is a Contingency Fee Basis in car wreck cases?
In car wreck cases, attorneys work on a contingency fee basis. In short, a lawyer does not get paid unless they settle or win your case. If the lawyer settles or wins the case, then they get a cut of the settlement. On top of that, the fees normally range from 33% to 40% of the settlement. The up side is that a client does not pay any money unless the lawyer gets results.
Commercial Car Wrecks and DWI Drivers.
Sometimes a car wreck is more serious. This can happen if an 18-wheeler or commercial truck hits you. Or tragically, if a drunk driver causes a crash and kills your loved one. In these types of cases, you will still need to deal with an insurance company. But the stakes are much higher.
Further, these accidents frequently cause long-term harm to the innocent drivers and passengers. As a result, commercial trucks and bars who overserve drunk drivers carry larger insurance policies to pay for this danger. And yet, the car insurance attorney’s job is still the same.
They will talk to the insurance company on your behalf. They will make a settlement offer. And the attorney will file a lawsuit if the insurance company does not want to pay for the accident. Finally–as an aside–these are the cases that lead to big dollar verdicts lawyers advertise on billboards.
Car Accident Injury Law Firm in San Antonio.
Most people hire a car wreck attorney for two reasons. First, they want to make sure the insurance company treats them fairly. Second, they know that an insurance company makes a profit if it denies or low balls a legitimate claim. This second option provides insurance companies with a bad reason to deny a claim.
Nevertheless, a car insurance lawyer can help you push back against this abuse. The lawyer will review your case and help you figure out what your case is worth. And if the insurance company does not want to pay, then your lawyer will file a lawsuit and ask a jury to settle the case.
Auto Injury Claims Attorney Genaro R. Cortez. Phone: 210-733-7575.
Genaro R. Cortez is a car insurance lawyer in San Antonio, Texas. He is licensed to practice by the State Bar of Texas, Federal Courts in the Western and Southern Districts of Texas, and the Fifth Circuit Court of Appeals. If you are hurt in a car wreck caused by a bad driver, then call today for a free case review.