The At-Fault Driver’s Liability Carrier Is Not Your Friend
It is common for the at-fault driver’s liability carrier to send a small settlement check to the victim immediately after a crash in hopes of closing the claim cheap and quickly. Unfortunately, it is also common for many victims in this position to take the check—and sign a release—without first speaking to an attorney.
Liability Carriers Are Not Required to Act in Good Faith When Negotiating with Crash Victims
By signing a release, a crash victim can never again pursue a claim against the at-fault driver (or the driver's liability carrier). While this may seem unfair, a liability carrier is not required to act in good faith when dealing with a third-party claimant (i.e., a crash victim) under Texas law.
As an example, let’s say you are injured when a drunk driver runs a stop sign and crashes into you. If you file a claim against the at-fault driver's liability carrier to recover your losses, any of the following are likely to occur:
The liability carrier could blame you for causing the collision even when it is clear that you were not at fault;
The liability carrier could refuse to pay medical bills that it believes are “unreasonable” or “unnecessary”;
The liability carrier could refuse to pay the face value of your medical bills;
The liability carrier is not required to negotiate in good faith or to offer you a fair settlement.
To continue with the example, let’s say you incur $30,000.00 of medical expenses because of the collision and present those bills to the liability carrier for payment. Since Texas law requires all motorists to carry at least $30,000.00 of liability coverage for personal-injury claims, it seems obvious that the liability carrier would pay your medical expenses and close the claim. But in practice, there are many different ways that the liability carrier could—and probably would—avoid paying the full value of your claim since its interests (paying as little as possible) are opposed to yours (maximizing the value of your claim).
Speak With an Experienced Injury Lawyer Immediately after a Collision
The moral of the story is that the at-fault driver’s liability carrier is not your friend and does not have your best interest’s at heart. This is why liability carriers try to settle cases before the victim has a chance to speak with an attorney. This is also why you need an attorney with experience handling car-crash insurance claims. If you or a loved one has been injured in a car crash, you have enough things to worry about. Do not let negotiating with an insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.