If the other driver in a car accident denies liability, we can conduct an independent investigation to help you hold them accountable for your losses. Usually, an insurance adjuster determines fault. They may try to undervalue or deny your claim by arguing you were more at fault for the accident.
When we handle your case, we can call upon the help of accident reconstructionists and other experts to get to the bottom of what happened. This way, we may be able to prove the other driver liable. In some cases, you may bear partial liability. Depending on how much fault you share, you may still be able to recover compensation.
Texas Is an At-Fault Insurance State
Under Texas law, drivers who suffer an accident can file an insurance claim with the liable party’s policy provider. All drivers must carry a minimum amount of coverage to address the medical bills and car repairs that result from their negligence.
Filing an insurance claim is a complicated process, and if the other driver denies liability, you may find it difficult to recover compensation. Insurance adjusters may ask you for a statement about the accident and later use it to undervalue or deny your claim.
You have the right to work with an attorney when filing a claim. Your lawyer can handle all of the communications with the insurer for you. This way, you do not compromise your claim.
If You Bear Partial Liability for Your Car Accident
Even if you were partially at fault for your accident, you might still be able to recover compensation through an insurance claim. Under Texas Civil Practice and Remedies Code § 33.001, you can still seek compensation if you are no more than 50% responsible for the accident.
Likewise, your compensation will reflect your portion of liability. So, if you were 40% liable for your accident, you would be able to seek 60% of your damages. Our lawyers can help determine how much compensation you may be able to receive if you share liability for an accident.
Potential Compensation from an Insurance Claim
If we can prove the other driver’s liability, you may be able to secure the following forms of compensation through an insurance settlement:
- Medical expenses, including future expenses for rehabilitation, home modifications, and doctor’s appointments
- Lost wages from the time you spent out of work recovering
- Reduced earning capacity if your injuries prevent you from going to work or performing the same duties for the same salary
- Repairs for your vehicle
When insurers offer you an initial settlement, it may not take all of these damages into account. We can calculate what fair compensation would look like in your case using medical documentation and expert testimony.
A Lawsuit May Offer Additional Compensation
You may be able to pursue additional forms of compensation through a personal injury lawsuit. In some cases, the state-mandated minimum insurance coverage does not fairly cover a victim’s losses. When this happens, you may be able to pursue your due through legal action.
There are some forms of non-economic compensation that you may only be able to recover through a lawsuit, such as pain and suffering and loss of quality of life. It may be worthwhile to take legal action, especially if you suffered severe injuries.
How Our Car Accident Lawyers Can Help With Your Car Accident Case
When we handle your claim or lawsuit, we can take the burden of the legal process off of your shoulders. You can focus on your recovery and spending time with your loved ones.
Our legal services include the following:
Investigating Your Case
If the other driver denies liability for your accident, their insurer may challenge your claim. This is when we can step in and conduct an independent investigation to establish the other driver’s liability.
In some cases, an employer may be liable for your losses, as well. They may have their own insurance provider who may contest their liability, but we can use reconstructionists and other experts to help hold them accountable. The other party’s negligent driving could have caused the accident, and a business could have captured video evidence to support your claim.
We will also:
- Gather evidence: The evidence we can gather for your case may include police reports, traffic camera footage, eyewitness testimony, expert testimony, black box data, and more.
- Negotiate a settlement: Once we calculate fair compensation, we can negotiate a settlement with insurers.
- Representing you at a trial: If negotiations with an insurer do not yield a fair settlement, we can take your case to trial.
Work With One of Our Car Accident Lawyers When Pursuing Compensation
You do not have to handle your claim or lawsuit on your own. You have a right to legal representation, and we want to see how our accident lawyers can help you. We can investigate your case if the other driver claims they were not at fault for the accident. We can gather evidence to demonstrate their liability and negotiate a fair settlement.
For your free, no-obligation consultation, contact Loncar Lyon Jenkins at (877) 239-4878. Call in the Strong Arm when fighting for your due.
