Pusch and Nguyen Law Firm

Houston Car Accident Lawyer

The Top 9 Worst Things that Victims Do After an Automobile Accident

After an automobile accident occurs, victims need to be careful what they do next. Otherwise, their actions could reduce the amount of compensation they’ll receive from a settlement offer or civil trial verdict.

Below are the top 9 mistakes that you’ll want to avoid as a victim.

1) Providing a Recorded Statement

You might come across an insurance claims adjuster that will try to encourage you to record a statement prior to any settlement offers being made. Do not do it! You are not required to do this.

Adjusters will do whatever it takes to try and reduce your settlement offer. If you record a statement, they’ll take anything you say out of context and give it to the attorneys of the insurance company. If there is a civil trial, you can expect this statement to be used against you.

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However, there are some situations where recorded statements are good. For instance, if a case involves a personal injury auto accident with an underinsured claim or uninsured claim, the client may be required to record a statement because this case is a breach of contract from a legal standpoint.

At Pusch and Nguyen Law Firm, our lawyers might conduct these recorded statements if the conditions of the environment are controlled. That way, we can reduce the amount of accidental damage that could be done to our client.

2) Your Demands are Too High or Too Low

When you write a demand letter to an insurance company, you should never ask for less than the fair value of your case. But if you’re like most people, you’ll probably feel tempted to ask for more than its fair value. This will automatically create a red flag in the eyes of the insurance company because it tells them that you don’t understand what your accident case is truly worth. As a result, they’ll create a settlement offer that is worth less than the case’s true value.

If you accept their lower settlement, you are leaving a lot of money behind that you’re entitled to receive. Therefore, never make an excessively high demand because the Houston Car Accident Lawyer will respond with a much lower offer for you. The best way to make a good demand is to first educate yourself on the value of your personal injury claim. This will ensure that you go in the right direction with your demand.

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3) Assuming the System is Understandable

The auto accident laws in Texas have changed a lot over the years. There are different rules that try to satisfy different objectives in order to be fair. This system is effective for the most part, but it tends to be counterintuitive in some cases. People who are knowledgeable about this system can benefit the most from it. Unfortunately, many novice accident attorneys and victims do not understand it. That is why they tend to come up short in these cases. And if you try to learn about these laws, it can get very confusing. Rules that seem set in stone are actually changing all the time.

There is a lot of information on this website which will help educate you on the system. Take some time to look this information over before talking with an adjuster. Otherwise, the adjuster will see that you don’t understand and will then use that to their advantage.

4) Accepting the Final Offer of the Insurance Company

When insurance companies make a proposal, whether indirectly or directly, then it is their final offer. If you represent yourself in a case that is not too serious, it is more difficult to threaten the insurance company with a lawsuit because you are not an attorney. And, in most cases, the insurance company knows that you don’t have the means to pay for an attorney to represent you. That is why so many victims are quick to accept the first offer that is presented to them. Even though this might be the insurance company’s final offer, there is always another final offer that you can get out of them. You just need to play hardball.

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5) Accepting a Case Settlement Without Understanding the Scope of the Injuries

If you want a fast settlement after getting severely injured, don’t expect to receive the amount of compensation that you deserve from your accident claim. If you want to encourage the insurance company to give you a fair settlement, they need to review all your medical records and bills. They may even need to see your doctor’s written analysis of your condition. This analysis needs to describe the extent of your injuries and your estimated recovery time. If you push for a fast settlement without providing the insurance company with this documentation, they will likely not offer you the fair value of your claim. At Pusch and Nguyen Law Firm, we will only take cases from clients who are willing to wait until their doctors can fully analyze their injuries.

6) Thinking the Insurance Company Will Admit Liability

In accident cases, insurance companies are quick to admit that their policyholder was to blame because they want to make a settlement offer. But if a lawsuit is filed against the insurance company, they will quickly change their mind on this. If the case goes to trial, the facts and witnesses of the case will determine the outcome. Don’t believe an insurance company when they try to say they’ll take care of your needs. The facts regarding the accident are more important than whether the insurance company supports your claim. The actions and statements of the defendant before, during, and after the accident will be taken into account. The amount of damage they did to other people and/or property is a huge factor in determining liability as well. Find out the facts as early as possible.

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7) Not Understanding Health Insurance Liens

Healthcare liens and health insurance are things that victims don’t usually know how to handle. In some cases, it is better to have an attorney handle these lien issues because they understand them better. This will make all the difference when it comes to recovering a lot of money from a settlement.

Otherwise, if you try to handle these liens yourself, then two serious things might happen. The first thing is that you might pay more money to the insurer than you need to pay. The second thing is that you’ll ruin your health insurance since you don’t understand your obligations for the lien. Therefore, you can get into trouble if you don’t pay your liens. If you have an attorney on your side, they can help reduce the lien amounts considerably.

8) Assuming the Insurance Company is Being Fair

People often assume that insurance companies are the devil. But if you talk with the claims adjusters and attorneys that work for them, they are usually nice people that seem reasonable. However, you must remember that their primary objective is to serve their company, not you. They want you to end up with less money than you deserve. So, don’t fall for the nice guy act that they might give you.

All car accident cases don’t require an attorney to handle them. If you’re involved in a minor car accident and have suffered just a small tissue injury, then you are better off without an attorney. But if you’ve been severely injured, then hiring an attorney is the best way to secure your interests and get the most compensation possible for your pain and suffering.

9) Not Filing a Claim Soon Enough

Every state has a time limit for when you can file a claim against someone else in a car accident case. In Texas, you have 2 years from the date of the accident to file a claim. If you wait longer than that to file a claim, you won’t be able to bring it to court. Of course, you can always hire an attorney for an accident case anytime you want. Just be aware of the claim deadline.

Finding an Attorney for Assistance

If you visit the website of Pusch and Nguyen Law Firm, you can receive a free consultation on your personal injury claims. Alternatively, you can contact us by phone or visit our offices in Texas.