I get phone calls every day from people who are disillusioned when dealing with an adjuster over a car accident. In a typical scenario, a clear liability accident has happened such as being rear-ended while stopped at a stoplight and the adverse adjuster tells the injury victim there accepted responsibility. In the conversation, the adjuster also indicates they should turn it over their medical bills to the adjuster.
The injury victim assumes that the adjuster will be fair and reasonably value their injury claim. That is a mistake. What happens frequently it is several months down the road, the injury victim learns that the adjuster intends to disallow some of the necessary medical treatment and discount others.
When it comes time to value the injury, things such as pain and suffering and temporary disability seen to have little or no value to the adjuster. It is then; for the first time that the injury victim understands they need a personal injury lawyer.
The moral of this short story is that insurance adjusters get paid not to pay fair value to injury victims. On top of that, Texas has adopted radical tort reform, which benefits not only insurance carriers but also wrongdoers such as drunk drivers and truck drivers on drugs, at the expense of the innocent victim.
If you have been injured in an accident and the adjuster accepts responsibility do not assume they will make a fair offer of settlement to you.
The role of the auto accident lawyer
The role of an accident lawyer is very important to victims of semi truck or automobile collisions. Even in a minor accident there are a number of issues that often require the expertise of an attorney.
That is because there are a number of situations that could arise that would leave an accident victim further victimized. Let us consider a couple of these concerns.
First, although many states require that drivers carry no fault full coverage on their vehicles – in reality there are many drivers on the road without insurance.
If you are in an accident with a driver who is uninsured there is no simple claims process for you to follow and if you have uninsured motorist coverage you may be in an adverse position with your own insurance company.
Certainly it may seem unpleasant to contemplate but the ultimate probability is that you may have to sue the individual or your own insurer to recoup any damages.
This includes loss of wages, repairs to your vehicle and any medical bills and other damages like pain and suffering.
Often people who do not have insurance simply can’t afford it which means – in all likelihood – that they have very few assets.
This further complicates the judicial process and makes it all the more obvious that the skills of an accident attorney are needed.
Also, if you are in an accident that you have not caused a claims adjuster representing the insurance company of the other party will want to speak with you to get your side of the story regarding the accident. Now they may seem empathetic but their goal is to ultimately minimize the size of your settlement.
Simple words such as ‘my injuries were minor’ can be used against you and often prove not accurate after the minor injury does not go way and gets properly diagnosed.
Accident victims are urged to seek the counsel of trained attorneys to ensure you are treated fairly by the insurance companies. Otherwise you may be victimized – not once – but twice.