Auto Accident FAQ

Motor vehicle accident cases can be extremely complex. To make matters more difficult, you will need to deal with insurance companies that have their own complicated rules and processes, and they are working to minimize the amount they pay or to avoid payment altogether. You will have questions. At the Smith Law Firm in Orange, Texas, we have answers.

You can get in touch with us to discuss any specific questions. For now, here are answers to some of the most frequently asked questions about auto wreck claims:

Should I Accept A Settlement From The Insurance Company?

Do not accept a settlement offer unless you are absolutely certain that it will cover all current and future costs associated with your injury, including medical bills and lost wages. Keep in mind that you may also be entitled to compensation for pain and suffering.

Be aware that the insurance adjuster may seem friendly, but he or she is not on your side, and you should not take his or her word that a settlement offer is fair. If you sign off on a settlement offer and the money runs out, you will not be able to ask for more. You may be better off having a lawyer review the offer first to be certain it is fair.

Can I Get Compensation If I Was Partially At Fault?

Texas law recognizes a modified comparative fault rule. If you were 50 percent or less at fault for the auto accident, you may still be able to receive compensation. However, the amount of compensation will be reduced by your percentage of fault. If it is determined that you were 25 percent at fault and you are awarded $200,000 in compensation, you would only receive 75 percent of that amount, or $150,000.

Can I Get Compensation If The Negligent Driver Does Not Have Insurance?

If you were hit by an uninsured driver, there may be other avenues of compensation for you to pursue. Most commonly, victims of uninsured drivers pursue compensation from their own auto insurance provider. The same is true for underinsured motorist cases as well as hit-and-run accident cases. These claims can be complex and can lead to bad faith insurance disputes if the victim's insurance company does not follow the policy.

Can I File An Auto Accident Claim If I Was Hit While Driving For Work?

Truck drivers, delivery drivers, pizza delivery drivers and others who drive for a living often think that their only recourse in the event of an on-the-job auto accident is workers' compensation. However, if the auto accident was caused by a negligent driver, the victim may also be able to pursue a personal injury claim, which may result in more compensation.

Do I Need An Attorney To Handle My Claim?

While an attorney is not required, you may find one very beneficial. An attorney who understands the law can maneuver through the system more efficiently than someone who is trying to learn along the way, and can ensure that no opportunities for compensation are overlooked. There is no obligation to pay an attorney upfront, as these cases are handled on a contingency basis and the process starts with a free consultation.

Call 409-233-7005 or email.

For answers to additional questions, review the personal injury FAQ.