Car Accidents and Insurance Disputes: How to Fight for a Fair Settlement
Car accidents can leave victims dealing with painful injuries, expensive medical bills, and frustrating insurance disputes. If you’ve been involved in a crash in Houston, Texas, and are struggling to get the settlement you deserve, an experienced car accident attorney can make all the difference.
Knowing your rights and taking the right legal steps can help you secure fair compensation. Read on to learn more about car accidents, insurance disputes, and how our attorneys at Ellis & Thomas, PLLC will fight for a fair settlement for you during your case.
An Intro to Insurance Coverage After a Car Accident
Texas follows an at-fault insurance system, meaning the driver responsible for the accident is liable for damages. Every Texas driver is required to carry minimum liability coverage, which includes:
$30,000 for bodily injury per person
$60,000 for bodily injury per accident
$25,000 for property damage
While these minimums provide some financial protection, they often aren’t enough to cover all accident-related expenses. That’s why it’s essential to know how insurance companies handle claims—and how a car accident attorney can help when disputes arise.
Common Insurance Disputes After a Car Accident
Insurance companies often try to minimize payouts, leaving victims to fight for fair compensation. Here are some of the most common disputes people face after a car accident:
Denied Claims
An insurance company may deny your claim entirely, arguing that their policyholder wasn’t at fault or that your injuries aren’t as severe as you claim.
Low Settlement Offers
Even when a claim is approved, insurers may offer a settlement that doesn’t fully cover medical bills, lost wages, and vehicle repairs.
Delayed Payments
Insurance companies sometimes drag their feet, delaying payments for months in hopes that victims will settle for less.
Disputes Over Medical Expenses
Insurers may challenge the necessity or cost of certain treatments, refusing to cover all medical expenses.
Bad Faith Insurance Practices
Some insurance providers act in bad faith, using deceptive tactics to deny or reduce valid claims.
Steps to Take After a Car Accident
If you’ve been in a car accident in Houston, Brazoria County, or Montgomery County, taking the right steps can help protect your rights and strengthen your claim:
1. Seek Medical Attention Immediately
Even if you feel fine, get checked by a doctor. Some injuries, like whiplash or internal bleeding, don’t show symptoms right away.
2. Call the Police and Get a Report
A police report serves as an official record of the accident, detailing fault and key evidence.
3. Gather Evidence at the Scene
Take photos of the vehicles, road conditions, and any visible injuries. Collect contact information from witnesses and other drivers involved.
4. Notify Your Insurance Company
Report the accident to your insurer, but be cautious about giving recorded statements without consulting a lawyer.
5. Contact a Car Accident Attorney
An experienced lawyer can handle negotiations, challenge unfair denials, and fight for the settlement you deserve.
How We Can Help You
A skilled car accident attorney in Houston knows how to push back against insurance companies and demand fair compensation. Here’s how we at Ellis & Thomas, PLLC can help:
Investigating the Accident
Your attorney will gather evidence, interview witnesses, and work with accident reconstruction experts to prove fault.
Handling Insurance Negotiations
Lawyers are skilled negotiators who can counter lowball offers and fight for a settlement that covers all damages.
Filing a Lawsuit if Needed
If an insurer refuses to pay what you deserve, your attorney can take the case to court and present a strong argument before a judge.
Proving the Full Extent of Your Damages
Attorneys work with medical experts and financial specialists to calculate long-term medical costs, lost wages, and pain and suffering.
3 Texas Car Accident Laws That Impact Your Case
Understanding Texas laws can help you fight for a fair settlement. Here are a few key legal considerations:
1. Comparative Fault Rule
Texas follows a modified comparative fault system. If you’re found partially at fault, your settlement may be reduced by your percentage of fault. If you’re more than 50% responsible, you may not be eligible for compensation.
2. Statute of Limitations
You have two years from the date of the accident to file a personal injury lawsuit in Texas. If you wait too long, you may lose your right to seek compensation.
3. Uninsured/Underinsured Motorist Coverage
If the at-fault driver doesn’t have enough insurance, you may need to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage.
The Impact of Car Accidents in Texas
According to the Texas Department of Transportation, there were over 15,000 serious injury crashes in Texas in 2021, resulting in more than 19,000 people suffering severe injuries. These statistics highlight the importance of having strong legal representation to fight for the compensation accident victims deserve.
Fighting for Compensation
Victims of car accidents often face mounting medical bills, lost income, and emotional distress. A car accident attorney from our team can fight for compensation that covers:
Medical expenses (past and future)
Lost wages and reduced earning capacity
Pain and suffering
Vehicle repairs or replacement
Wrongful death damages (if applicable)
What to Do If the Insurance Company Won’t Pay
If an insurance company refuses to pay a fair settlement, you don’t have to accept their decision. Here’s what you can do:
File an Appeal
Many insurers allow you to appeal a denied claim. A lawyer can help present additional evidence to strengthen your case.
File a Complaint
If you suspect bad faith practices, you can file a complaint with the Texas Department of Insurance.
Take Legal Action
When insurance companies refuse to cooperate, filing a personal injury lawsuit may be the best way to fight for fair compensation.
10 Frequently Asked Questions About Car Accidents and Insurance
1. How long do I have to file an insurance claim after a car accident in Texas?
Most insurance policies require claims to be filed promptly, but the statute of limitations for a personal injury lawsuit in Texas is two years.
2. What if the other driver doesn’t have insurance?
You may be able to file a claim under your uninsured/underinsured motorist coverage (UM/UIM).
3. Can I still get compensation if I was partially at fault?
Yes, as long as you are less than 50% at fault under Texas’s modified comparative fault rule.
4. Should I accept the first settlement offer from the insurance company?
No, initial offers are often lowball amounts. Consult a car accident attorney before accepting anything.
5. What damages can I recover after a car accident?
You may be eligible for medical expenses, lost wages, pain and suffering, and property damage.
6. What if my claim was denied?
You can appeal the denial, file a complaint, or take legal action with the help of a lawyer.
7. How much does it cost to hire a car accident attorney?
Most work on a contingency fee basis, meaning they only get paid if you win.
8. Will my case go to trial?
Most cases settle out of court, but your attorney will be prepared to go to trial if needed.
9. What if the at-fault driver fled the scene?
Hit-and-run victims may be covered under their UM/UIM policy.
10. Can I handle my claim without an attorney?
You can, but an attorney greatly increases your chances of securing a fair settlement.
Caring Legal Advocacy
Car accidents can turn your life upside down, but you don’t have to face insurance disputes alone. If you’re in Houston, Fort Bend County, or anywhere in the surrounding areas, one of our dedicated car accident attorneys can protect your rights and fight for the settlement you deserve.
Don’t let an insurance company dictate the outcome of your claim. Contact a trusted car accident attorney today to discuss your case and take the first step toward securing fair compensation. Call our team at Ellis & Thomas, PLLC. We look forward to hearing from you.