Why you might need legal help: protecting your rights in car accident cases
When dealing with car accidents and insurance companies, people assume insurance will cover expenses. In minor injury cases, this might be true. However, in serious accident claims, recoveries are often not adequate to deal with all the victim’s expenses. Several factors can lead to this unfortunate outcome.
Please understand that insurance companies look for ways to increase profits. They also look for ways to reduce expenses. Furthermore, payouts for accidents are an expense.
Texas modified comparative negligence law
Modified comparative negligence law is legal language referring to the law that applies in Texas car accident cases. In a car accident case, the court assigns a percentage of fault to each party involved. For example, one driver might be 80% at fault based on speeding. The other driver might be 20% at fault for not using a turn signal. Therefore, both drivers were negligent. The “modified comparative” aspect of the negligence relates to the percentage. if you were more than 51% at fault for causing the accident, you cannot recover compensation for damages. Let’s say the court assigned you 55% fault because you ran a red light. The other party was speeding and the court assigned them 45% fault. You would not be able to sue the other party for damages. The other party could sue you for 55% of the damages they incurred.
What does this have to do with insurance companies? Insurance companies will often try to prove you were 51% at fault for an accident. They do this so they don’t have to pay for damages.
Other challenges with car accidents and insurance companies
Another tactic insurance companies sometimes use is stating that your injury was a pre-existing condition. To receive compensation for an injury, the injury must result from the accident.
Low settlement offers are another tactic insurance companies use. Unfortunately, the amount offered would not be enough to cover your expenses. Yet, they try to convince you that the amount being offered is all your claim is worth.
Get Legal Help
The Office of Michael R. De La Paz knows what the true value of a car accident case is. We represent clients in Austin, Corpus Christi, South Padre Island and other areas throughout Texas. Our decades of experience can help you level the playing field with insurance companies. Also, you have no out-of-pocket expenses. Our initial consultation is free. And our payment is a percentage of the recovery if we settle or win the case.