Can I Settle My Case With The Insurance Company On My Own?

You can always agree to settle your auto accident yourself. You can waive your right to a lawsuit and accept whatever amount of money the insurance company offers you. There are no legal limitations to doing so.

However, if you have been injured or had your car damaged in an auto accident, there are reasons to consider having a Texas personal injury represent you when negotiating with the insurance company.

Insurance Companies Protect Their Own Interests

Insurance companies are not good or bad. They are businesses.

Like most businesses, insurance companies are driven by profit. Lower settlements mean higher profits.

Insurance Adjusters Try To Settle For As Little As Possible

When insurance companies have to pay for damage caused by their client, they will offer as little money as they can convince you to accept. It’s not personal. It’s in the job description.

Even if the insurance employee you are speaking with is personally sympathetic, the employer expects the matter to be settled quickly, for as little money as possible.

Insurance Companies Will Try To Use Your Words Against You

If you speak to an insurance adjuster on the phone, the adjuster may ask a question that sounds compassionate, but is designed to make you say something that can be used against you.

Even saying ‘sorry’ can be offered as evidence of your guilt by an insurance company attorney to reduce your settlement or even deny the claim.

A Texas Personal Injury Attorney Can Protect Your Rights in the Settlement

Insurance companies generally offer as little as possible. In order to receive higher compensation from the insurance company, the company has to believe that you have a strong case. They know that if you file a lawsuit, the company may end up paying much more.

When you are represented by a Texas personal injury attorney, your attorney will gather all the information to present your case. When you are represented by an attorney, the insurance company understands you mean business.

If you choose an attorney with extensive experience and knowledge in Texas auto accident law, the insurance company will see you have a strong case. The company will usually offer you a higher settlement to avoid a lawsuit. In fact, studies show this:

Injured Victims with Attorneys Usually Receive Much Higher Insurance Companies Settlements

A large study by the auto insurance industry found that:

  • Auto accident victims with lawyers usually receive three times the compensation as those without one
  • 85% of the money paid by auto insurance companies to injured victims goes to victims represented by attorneys

There are several reasons for that:

Proving Your Auto Accident Case Can Be Challenging

In order to convince the company you have a strong case, you need to show them you understand the law and facts of the case. That includes knowing:

  • Rules of Evidence
  • Rules of Tort Liability
  • Texas Insurance Law
  • How the Texas Legal System works
  • State and Local Traffic Laws
  • Automotive Engineering (in the case of mechanical failure)
  • Collision Expertise

All of this can be difficult on your own.

When you do not understand all the laws, the insurance company knows it will be hard for you to file and win a lawsuit without a lawyer.

The company knows they may be able to offer less money and you will not know that you have a stronger case.

The Insurance Company May Say You Are Partially At Fault

Texas has a system known as comparative fault (or proportional responsibility),

If you were partially at fault, you can still file a lawsuit, as long as the other driver was mostly at fault (51% or more responsible.)

If you were at fault at all (e.g., your tires were worn), even if the other driver did something like run a red light, the insurance company might try to deny coverage.

You may have to show why the other driver was mostly at fault.

This is not easy to do without legal knowledge and experience. Some insurance companies try to take advantage of what you do not know. They offer a lower settlement unless they see you have an attorney who can prove their driver was at fault.

Getting A Texas Personal Injury Lawyer Does Not Mean You Have To Sue

Even if you have no intention of filing a suit, a Texas personal injury lawyer can help you present your case in the negotiation.

Justinian & Associates has a staff of investigators and the legal experience needed to present your case to the party offering a settlement.

Call, text or email us for a free consultation. We can meet you wherever is convenient.

We will listen to your story, and explain your rights under the law. If necessary, we will investigate the accident and gather evidence so we can protect your rights.

We stand our ground, and explain to the company why Texas law says they have to compensate your injuries. We demand justice, whatever that means for you. There is no obligation to have a free consultation. And unless we get you money for your injuries, you never owe us any fee. Contact Justinian & Associates.