If you suffered harm in a vehicle collision, dealing with an insurer can make the situation more difficult. Adjusters may request statements, review medical records, dispute fault, or question whether your treatment relates to the crash. Your case, therefore, depends on clear documentation of liability and the losses resulting from your injuries.
At KGS Law PLLC, we are skilled at handling car accident insurance claims in McAllen. Our car wreck attorneys could communicate with the insurer on your behalf while reviewing the available coverage and relevant evidence. Our team could use that information to present a documented demand that reflects the financial impact of the collision and the compensation your case supports.
The Insurance Claims Process After a Crash
After a car wreck in McAllen, the claims process usually begins when you report the collision to the appropriate insurer. Before the carrier decides how to respond, one of its adjusters may review:
- Police reports
- Photographs
- Vehicle damage
- Witness statements
- Medical records
These materials may affect the insurer’s position on any claims arising from the crash.
From a liability standpoint, the carrier may examine whether either driver violated traffic laws or otherwise contributed to the collision. The state follows a proportionate responsibility system, and Texas Civil Practice and Remedies Code § 33.001 bars recovery when the court finds an injured person more than 50 percent responsible for the crash. Accordingly, disputes over speed, right-of-way, lane position, or distraction may directly affect the insurer’s evaluation. Our attorneys could assess whether the insurance company’s liability position reflects the available evidence in your case and respond if other parties overlook or dispute important facts.
Available Insurance Coverage After a Collision
Establishing fault does not necessarily determine how much compensation is available. The responsible driver’s bodily injury liability policy is often the primary source of compensation. However, policy limits may become significant when a collision causes extensive treatment, substantial income loss, or other serious damages.
Uninsured and underinsured motorist coverage may provide an additional source of compensation if the at-fault driver has no applicable policy or carries insufficient coverage. Texas Insurance Code § 1952.101 addresses the availability of this protection in automobile policies in this state unless an injured party rejects it as the law permits.
Our McAllen attorneys could examine the terms of your insurance policy to determine which coverage may apply in your car accident case. More than one insurance policy may cover a collision, so identifying those sources could affect what compensation is available and how you could pursue recovery.
What Should You Consider Before Accepting a Settlement?
You should evaluate a proposed settlement of your McAllen car crash case by focusing on the amount the insurance company is offering to pay you and the rights it wants you to release. The insurer may consider:
- Medical expenses
- Lost income
- Property damage
- Other documented losses
The settlement likely requires you to release specified parties from further liability.
You may not know the full impact of your injuries during negotiations, so you should also consider future treatment, reduced earning capacity, and continuing limitations. You should therefore review the release terms and timing of the insurance matter before accepting payment.
Bringing a personal injury lawsuit generally requires action within two years under Tex. Civ. Prac. & Rem. Code § 16.003. Settlement discussions should not cause you to ignore the deadline for filing suit.
Call Our McAllen Lawyers To Discuss Your Car Wreck Insurance Claim
The insurer often bases negotiations on how it views responsibility and the value of the loss. If you are pursuing recovery for injuries from a car wreck, our legal team could help assess that position and determine whether the proposed compensation fairly reflects your damages.
Our attorneys at KGS Law PLLC frequently handle car accident insurance claims in McAllen. Our team could evaluate the available insurance coverage and address disputes that arise during negotiations. From there, we could determine whether further negotiation or litigation is appropriate, depending on the coverage and the circumstances of your case. Contact us today to discuss your situation.