How The Car Accident Claims Process Works
Many Dallas car accident victims have asked
our car accident attorneys for a basic explanation of how the car accident claims process is supposed to work.
In theory, if you are the victim in a car accident, you will
supposedly be subjected to a clear an concise
claims process by which your car will get fixed and you will be fairly compensated for your injuries. It is supposed to work like this:
Driver A causes a collision with Driver B.
Driver B contacts Driver A’s insurance company.
The insurance company sends an appraiser to assess the damage to Driver B’s vehicle.
A rental car is provided while the investigation and subsequent repairs are ongoing.
Driver B’s car is repaired or Driver B is given a check in the event of a total loss.
While this theoretical system seems to work reasonably well when dealing with issues of property damage, insurance adjusters rarely follow this protocol when an accident victim is injured.
When an accident victim is injured, insurance adjusters take a much different approach to the claims process. They are generally combative and will usually rely on tricks and tactics in order to find a technicality by which to deny the claim or pay a greatly reduced amount.
But why is that?
Why is it that they generally "play nice" when dealing with a damaged car, yet they are so difficult when dealing with an
injury? The answer is actually quite simple. The State of Texas has set forth specific guidelines that an insurance company must follow when dealing with an issue of property damage. Your vehicle is real property with a very easily determined value. The state government specifically tells the insurance companies what they can and cannot do when handling property damage issues.
On the contrary, there are few guidelines regarding the
claims process as it relates matters of medical expense and injury. The simple fact of the matter is that medical expenses are tremendously expensive, and insurance companies are in the business of paying out as little as possible. Thus, they will use all manner of tricks and unscrupulous methods to find some reason to deny or reduce the value of your claim.
The way that our
Dallas car accident attorneys help you by shielding you from the tricks and a tactics employed by the insurance adjusters, while simultaneously carrying your through the process in such a way that you won't damage your case.
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Questions answered:
Is the car accident process the same as personal injury?
Why is auto damage dealt with differently than injuries sustained by auto accidents?
Are there state guidelines when dealing with auto injuries?