The Houston Auto Accidents Attorneys at DeSimone Law Office last week started a discussion on the pitfalls for an injured party from a traffic accident involved in trying to handle their insurance claim on their own. From insurance company delay tactics in investigating the case to trying to get admissions of fault from a naive injured party when taking their recorded statement, the injured party tries to stand on his own against an insurance company with all their unlimited resources and their knowledge, accumulated over a period of many years, of how to limit payments. It is surprising that anyone would attempt such a feat without legal representation on their personal injury claim. Let us suppose an injured party has the resources to pay for his own rental and medical bills. Let’s also suppose that the facts of the case are so clearly in the favor of the injured party that even the insurance company is admitting they owe 100 percent of the claim for property damages and medical bills. The first problem will be collecting for the rental. If a car is totaled, meaning it would cost more to repair than what it is worth, the insurance company owes no rental to an aggrieved party. The injured party rides in their rental for the time it takes to get paid on their car, usually two to four weeks, thinking the insurance company will pay for the rental only to find out when they turn in the bill that they will receive no reimbursement. If the car is repairable, the insurance company is likely to not want to pay all for the rental bill stating things like the shop took too long to do the repairs, the daily rental rate was too high, or the injured party got into the rental too quickly being that their car was drivable. If the car is totaled, the insurance company will probably hire an independent service to value the car who always manages to value the car at less than the NADA or blue book value. Deductions on the payment of the car will be made for supposed prior damage on the car for minor things such as dings or a dirty interior. Arguments on repairable cars are normally over items the insurance company does not want to pay that they say are not accident related. Next week we will continue our discussion but you can see that even something as seemingly simple as getting your car taken care of can get complicated quickly.
If you have been in an accident, don’t handle the case yourself. Hire the lawyers at DeSimone Law Office. We will make sure you get the monies to which you are entitled.