Bemis, Roach and Reed Legal

What should I do if I was injured in a car, motorcycle or bicycle accident with another vehicle?

The first thing you should do if you are injured in a car accident is to seek medical treatment from the health care provider of your choice. It is important for you to try to receive treatment as soon as possible following the accident. You have the right to the treatment of your choice. For example, you may choose a medical doctor, a chiropractor, an osteopath, a podiatrist, or another type of health care provider.  Follow the recommendations of your doctor and avoid any significant gaps in treatment.

SHOULD I TALK TO THE INSURANCE COMPANY FOR THE PERSON AT FAULT?

You have no obligation to contact the insurance company which insures the person who caused the car wreck. You also have no obligation to talk to this insurance company if they call you. In most cases, the insurance adjuster for the person at fault will attempt to contact you immediately following the accident in order to take a recorded statement. This is usually the time that victims are upset or still in shock following the collision. When this is combined with the fact that you may be questioned in detail by an adjuster who is trained to ask questions which may benefit their denial or reduction of your claim, you may give an inaccurate statement which will severely affect your right to achieve a fair settlement of your claim. We recommend that you consult an attorney prior to giving any recorded statement to an insurance carrier. At BEMIS, ROACH & REED, our lawyers are willing to give you a free consultation in order to assist you at this stage of your claim.

WHAT LOSSES CAN I RECOVER FROM THE PERSON AT FAULT IN THE CAR ACCIDENT?

The types of damages for which you can seek a recovery from the person who caused the accident are expansive. The following is a list of some of the types of damages for which you are allowed to seek a recovery:

                     Vehicle Damage 
                     Medical Expenses 
                     Lost Wages 
                     Pain and Suffering 
                     Impairment 
                     Disfigurement

WHAT IF I NEED MEDICAL TREATMENT BUT CAN'T AFFORD IT?

Although you have the right to recover the cost of all reasonable and necessary medical expenses from the person responsible for the collision, the insurance company insuring the person responsible for the collision has no obligation to pay for these medical expenses as they are incurred. This can place a severe hardship on an individual with no health insurance, personal injury protection insurance (PIP), or medical payments coverage (Med Pay).  As a result, some people feel forced to accept a low settlement of their claim in order to pay their medical providers. This does not have to happen. You should contact your doctor or an attorney for advice as to what programs and deferred payment plans may be available to allow you to complete treatment prior to settling your claim.

DOES THE INSURANCE COMPANY FOR THE PERSON AT FAULT HAVE TO MAKE ME A FAIR OFFER?

Although the individual who caused the accident is responsible for your damages, in most situations, his or her insurance company has no legal obligation to treat you fairly or in good faith. Texas courts have, for the most part, limited insurance bad faith claims to the acts of an insurance company against their own insured. Unless you are making a claim against your own auto insurance policy, do not expect to be treated in an equitable manner. Even when you are making a claim against your own policy, your view of what is fair is likely to be vastly different from the view of the insurance adjuster handling the claim.

Insurance companies employ adjusters, who are trained professionals, to handle auto accident claims. They are free to offer you arbitrarily low amounts of compensation and force you to either accept it or file a lawsuit. While the better adjusters attempt to maintain the appearance of a friendly and trusting relationship with their claimants, you should not interpret this as a sign that they are looking out for your best interests.

You should note that, if the insurance company for the negligent driver fails to offer you adequate compensation for the injuries you received in a car wreck, you will be forced to file suit against the negligent driver if you want to fully recover your damages. In Texas, this must be done within the two-year statute of limitations applicable to personal injury claims. It is important that you recognize that your suit must be filed against the negligent driver and not his or her insurance company, even though the insurance company will ultimately pay for any settlement. The two-year limitations period starts at the day of the auto accident. Although a law suit would be filed against the negligent driver, the insurance carrier for this driver will hire an attorney to represent the negligent driver. The fact that this person has insurance will not be admissible at trial and the parties will be ordered by the judge not to inform the jury that the negligent driver has insurance. The jury will also not be informed of any settlement negotiations.

For more information on these issues click on this link to Bemis, Roach and Reed's web site.