How Do Insurance Companies Try to Get Out of Paying Liability Claims in Vehicle Accidents?

Personal Injury

You pay a lot of money every year for insurance for all your vehicles. However, on today’s busy Texas roads and highways, it’s highly likely that, at some point, you will have an accident.

You expect the insurance company to pay what’s rightfully due to you, but most people find that they will look for any reason not to pay your claim, especially if you are injured, and liability is involved.

Your insurance claims are often denied if there is any dispute about who is at fault and who should bear the responsibility and liability for your injuries.

Most insurance companies will only pay you if there’s unmistakable evidence to show that their policyholder is to blame for your injuries. If anything about the accident indicates that their policyholder wasn’t responsible, they outright deny your claim.

Recent statistics show that up to 60 percent of all insurance claims are unjustly denied. However, less than 1 percent of clients making these claims question their insurer why it was denied.

Additionally, most policyholders who do press and contest their cases usually win in the end or significantly improve their settlements. This is especially true if they consult and work with an experienced Hidalgo County car accident lawyer.

Car accidents can inflict life-changing injuries on you or your passengers. After your accident, you are immediately confronted with high medical bills, recovery costs, lost wages, and much more. If your accident was not your fault (and even if you were partially at fault), then you deserve the compensation needed to recover, get your health back, and have the funds to do so.

Unfortunately, insurance companies aren’t interested in helping you get the money you need and rightfully deserve after your accident. They’ll do whatever they can to prevent or limit your payout. They also have a “battery” of lawyers on their side, so you must have a professional fighting for you!

What Do Insurance Companies Look For To Deny Your Claim?

You probably don’t realize that any insurance claim is a form of “negotiation,” and the negotiation skills of your Edinburg auto accident lawyer will be invaluable to winning your case.

An insurance company first sends an “adjuster” out to speak with you or the person at fault about the case. These “adjusters” are not on your side; they are trained to search for certain things to attack in each personal injury claim. They analyze your coverage, liability, damages, and injuries.

These points are attacked systematically and rationally, as follows:

• Coverage – The adjuster will determine if the claim is a “covered loss.” Did the driver have actual insurance for this specific loss, and were they a covered car driver?

They may even say that the accident occurred in a way that is not covered by insurance. Simply, no matter how serious your injury or how liable their driver was, the first thing they will look for is coverage “loopholes” to get out of their coverage.

• Liability – The adjuster searches for liability issues that help them avoid paying your claim. Was their driver negligent, and did they cause the accident? Even if they did something that contributed to your accident, where they actually “negligent.”

They will look for whatever reason they need to show that their driver did nothing wrong and that it is impossible to prove he was “negligent.”

• Damages – How exactly were you, or a passenger, harmed? Did you suffer physically, mentally, financially, etc.? Usually, contrary to what you may believe, the adjuster will not automatically pay all bills you incurred because of your accident.

They may use a myriad of defenses (many of which are false) against your claims to avoid paying you or reduce the amount they pay. 

The Insurance Companies Are Skilled At Negotiation; How Can I Fight That?

The simple answer is that you, yourself, can’t. However, your Hidalgo County car accident lawyer, also skilled in negotiating, is ready, willing, and able to fight for your rights against these adverse claims.

When you are injured, your priority is to recover and not put undue financial stress on yourself and your family. The negotiation process in these liability cases is detailed and highly intricate. You require a professional on your side if you want to obtain the outcome you’re entitled to.

If you’re injured in an auto accident, you must consult and work with a skilled, knowledgeable, and empathetic auto accident lawyer specializing in auto accidents.

What Compensation Can I Receive For My Auto Accident?

If you are injured in an auto accident, and the other driver was negligent, you always have the right to file a personal injury lawsuit. If you suffered any loss linked to your accident and the collision caused your injuries.

Your compensation can be awarded for economic and non-economic losses, such as  “pain and suffering.”

Some common types of compensation awarded are:

• Funds for immediate, current, and future medical costs.
• Funds to cover the costs of home nursing, physical therapy, and more.
• Funds needed to repair or replace your individual property that was damaged in the accident.
• Total compensation for your “pain and suffering.”
• Lost wages or wages you would have earned if you had not been injured.

It’s also vital to note that Texas is one of the few states that does allow for “punitive damage” awards in personal injury claims. “Punitive damages” are not intended to compensate you (as the victim); instead, these damages are awarded to penalize the defendant for their gross negligence.

These amounts can be substantial, and your auto accident lawyer’s knowledge and experience in “punitive damage” cases will be invaluable.

The Insurance Company is Not Paying My Claim; How Should I Proceed?

Remember, the insurance company will always look for ways to deny your claim.

Also, just because they deny your claim doesn’t mean that your fight for compensation is over or lost. Consult immediately with an Edinburg car accident lawyer, who will thoroughly analyze your case and determine why it was denied. Once your lawyer knows the real reason it was denied, they can act to file an appeal or consider aggressive alternative legal action.

Your skilled auto accident law team will fight to obtain the funds you rightfully need and deserve after your accident. They know how to combat the insurance companies tactics successfully and won’t let them impair your or your family’s future.