Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

Who was at fault? It’s the most basic, and most important, question that must be answered if you have been in a car accident. The person who is at fault is the person whose negligence caused the accident – and the person who is going to have to pay for the damages. Sounds pretty simple, right?

Well, sometimes fault can be a tricky thing. It is not uncommon for both drivers to have played a role in causing the car accident. When a victim’s own actions contributed to their accident, it’s known as contributory negligence. The question that must then be decided is whether the victim’s contributory negligence should prevent them from being able to recover damages.

To answer that question, Texas uses the proportional comparative fault at 51% rule. If you are involved in a car accident in Texas, you cannot recover damages from the other party if you are 51% or more at fault for the accident. The proportional degree of fault is usually decided by the insurance company adjusters.

You do not have to go through the insurance claim adjustment process alone. An experienced Texas personal injury lawyer can go to work for you to ensure that all of the evidence of fault is fairly and accurately presented. If you have been involved in a Texas car accident, contact Fears | Nachawati today to help ensure your ability to recover damages from the responsible party.

To receive free legal advice about your car accident, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.  

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The days following a car accident can be a confusing time. You have to deal with a damaged vehicle, paperwork, phone calls and, depending on the seriousness of the accident, you may be recovering from injuries as well.

Particularly if this is your first car accident, you may be unsure of how a car accident insurance claim works. The car insurance claims process is actually much more simple than it may initially seem. In fact, the whole process can be broken down into three basic steps:

1. Submitting your car insurance claim: After you’ve been in a car accident, you should let your insurance company know as soon as possible, regardless of who was at fault. Submitting your car insurance claim starts with a phone call to your insurance company. You’ll then be asked to fill out a claims report where you’ll recount the details of the accident, such as how it happened and the contact information for the other drivers involved. You’ll be assigned a claim number, and an insurance adjuster will be appointed to investigate your case.
2. Investigating the claim: The insurance adjuster’s job is to verify how the accident occurred and who was at fault. They will also evaluate the damage to your vehicle so that a settlement offer can be made.
3. Paying out on the claim: Last, your insurance company will pay you the amount of money that represents how much it will cost to repair your car. If the insurance company decides to declare your car “totaled,” the amount paid will represent the value of your car before the accident occurred.

Difficulties, however, can arise during the car insurance claims process. For example, the insurance company may say that you were at fault when you believe the other driver caused the accident. Or, they may try to offer you a settlement that’s lower than what you deserve.

That is why an auto accident attorney is a valuable resource throughout the car insurance claims process. An auto accident attorney can relieve you of the burden of dealing with the insurance company and the adjuster. And an attorney will make sure that you receive a fair settlement.

If you have been involved in a car accident, contact Fears | Nachawati today for free legal advice about the car insurance claims process. To speak with one of our attorneys, email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

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After you have been in a car accident, you will most likely file a claim with your insurance company, the other driver’s insurance company or sometimes both. In order to determine how much money to offer you, the insurance company will send out an insurance adjuster to evaluate your injuries and the damage to your vehicle.

An insurance adjuster works for the insurance company, and their job is to investigate the accident and determine whether you have the basis for a claim. You may also hear them referred to as a “claims representative” or a “claims adjuster.”

If you do have a rightful insurance claim under the terms of your policy, the insurance adjuster will be the person who will inform you of the settlement offer and explain how the insurance company arrived at that amount.

In almost all cases, the insurance adjuster will gather the same types of information: how the accident happened, who else was involved, what property was damaged and whether anyone was injured. They will also take pictures of your car and obtain estimates for repairing the damages.

Keep in mind that insurance companies, whether it is your company or the other driver’s, want to pay you as little as possible. That is why you should seek the immediate advice of an attorney after you have been involved in a car accident. A Texas personal injury attorney can make sure that you receive a fair settlement for your accident. Your attorney will work only for you, not the insurance company.

To receive free legal advice about your car accident and insurance settlement, contact Fears | Nachawati today. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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