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How insurance companies handle a claim after a car accident

by | Jul 13, 2020 | Car Accidents

There are many things that people can control while they are driving their cars in Texas. They can control their speed, check blind spots before changing lanes, not use their phones, signal turns and obey the various traffic laws. However, there is one thing that drivers cannot control and that is the actions of the other drivers on the road. This means that even the safest drivers can find themselves as the victims of car accidents through no fault of their own.

People are required to have car insurance because of the fact that accidents can occur in many different situations and the victims need to be made whole afterwards. However, in order to receive money from the insurance company there is a process that the victims must go through.

Insurance Claim Process

The first step in the process is to report the accident. It is most important to report it to the insurance company of the at-fault driver, but could also be wise to report it to ones own insurance company as well in case the other driver is underinsured.

After the claim is submitted to the insurance company, they will conduct an investigation to determine fault and the extent of the injuries and damage. This can include taking pictures, interviews with the drivers and other witnesses, reviewing police reports and also reviewing medical reports from the people involved to determine the extent and cost of the injuries. As part of this process, the victim may be asked to go through an independent medical examination that the insurance company will rely on for the medical portion of the investigation.

After the investigation is complete the insurance company will determine the amount of the settlement or could deny the claim for a variety of reasons. The amount of the settlement will generally include the costs for the damage to the vehicles and medical costs, but it may not always accurately value the pain and suffering the victim may go through.

Legal Process

After people receive a settlement offer or if the claim is denied, the victim may not agree with the insurance company. In these situations, people may need to start a lawsuit against the driver who caused the accident in order to have the insurance company pay the appropriate amount for the damages the victim suffered in the accident. After the lawsuit is started there could be a negotiation period, but if the parties cannot agree on an amount, the case will ultimately be decided at a trial.

There are many car accidents in Texas every year. Insurance companies may compensate the victims, but it is not uncommon for them to undervalue the damages to save money. Experienced attorneys understand how to deal with insurance companies and may be able to guide one through the process.