Common Car Insurance Questions Asked of Our Injury Attorneys
Some of the most frequently asked questions the attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner receive about auto accidents involve dealing with the insurance companies. We’ve compiled a few examples of the most common types of questions here:
However, since the Brainard decision from the Texas Supreme Court, your own insurance company has no obligation to pay your alleged claim until there is a finding from a judge or jury as to liability of the at fault driver and the amount of damages sustained. It is recommended you contact several personal injury attorneys to discuss your options.
The insurance company will claim you are not hurt if you don’t see a doctor because of financial reasons. They will argue you could have gone to the ER.
They do not consider fault, agreements such as the one you have in place with the other driver, or the fair debt collection statute. The first thing you need to do is send a letter in writing, certified mail, return receipt requested to the “collections” agency and demand proof of the debt. They will not be able to provide proof of the debt because at this point, they have no valid debt, just merely allegations from an insurance company you owe this money.
In Texas, the claim is against the at-fault driver, not his or her insurance company. The insurance company’s obligation is to defend and ultimately indemnify their driver if you file a lawsuit and obtain a judgment. Until that time, they can offer you whatever they want and if you do not like it, then their position is sue their insured. They rationalize this behavior by correctly assuming most people just give up and they will not be able to find an attorney to take a case of this size.
From a financial standpoint, if an insurance company saves $1,000 on 1,000 claims a month, that is a million dollars in savings on claims paid. There is a reason all of the major insurance companies spend billions on feel-good advertising, because they know how bad they truly screw people making claims.
What this adjuster is doing is arguing that a jury will not believe the second round of treatment was reasonable and necessary as a result of the crash. It is the insurance company’s way of calling you a liar and fraud.
One option you have is to file a claim under your own Personal Injury Protection (PIP) coverage on your policy. This should be able to get you up to $2,500 to pay for the therapy.
ADDITIONAL AUTO ACCIDENT RESOURCES
- 10 Things to Know When You’re Dealing with Insurance Companies After an Accident
- Texas Auto Insurance Coverage Explained
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If you have additional questions about your accident or injuries – or if you wish to speak to one of our attorneys about your legal options – please complete our online contact form or call our Houston law office at 888-261-8831 or 713-244-5486.
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