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What is the Difference Between Property Damage and Injury Claims

If an insurance carrier accepts liability for a property damage claim, do I need an attorney for my injuries?

Many of our personal injury clients at Grossman Law Offices are surprised to learn that when an insurance carrier accepts liability for their property damage claim in their car accident case, they aren't accepting liability for the personal injuries the accident has caused. To best ensure that the party that caused your injuries in a car wreck is held responsible for their actions, you should immediately retain an experienced car accident injury attorney. Our car accident attorneys have more than 25 years of experience representing auto wreck injury victims like you and have the skill and expertise needed to ensure that you're compensated for both your property damages and personal injuries.

Questions Answered on This Page:

  • Why are property damages considering differently than injuries in a car accident case?
  • Is it possible to recover losses for a damaged vehicle and not for injuries?
  • What tactics do insurance companies use to avoid paying medical bills?

An insurance carrier that accepts liability for your property damages doesn't automatically accept liability for your personal injuries.

Before discussing some tactics insurance carriers use to avoid liability for your personal injuries, it's important to note that property damage claims are distinct from personal injury claims. Thus, when an insurance carrier accepts liability for a party's property damages, they never automatically accept liability for the personal injuries caused in the accident because they are two distinct liabilities under Texas's tort laws.

The insurance carrier for the party that caused the accident often deliberately omits accepting responsibility for your personal injuries for a few reasons:

  • First, your personal injuries are probably more expensive than your property damages. Property damages from a car wreck usually top out at tens of thousands of dollars, whereas personal injuries may cost millions of dollars.
  • Second, property damages are easier to calculate, as they can only cost as much as replacing your property, but your personal injuries may require detailed calculations to be quantified as they often need to be projected for the rest of your life.

Common Tactics Used by Insurance Companies to Avoid Liability for Causing Your Injuries

The first tactic insurance companies use to avoid accepting liability for a car accident victim's injuries is to accept liability for someone's property damages, but have them sign a document stating that the payment for property damages encompasses the entire settlement. If this surprises you, you're not alone. Insurance carriers count on accident victims' confusion when exercising this tactic. Unfortunately, unaware and inattentive car accident victims often sign these documents and are thereby prevented from recovering for their personal injuries.

The second tactic insurance carriers use when attempting to avoid liability for someone's personal injuries is to wage "trench warfare" against their claim. When using this tactic, the insurance carrier will attempt to introduce anything that downplays the severity or existence of your personal injuries to a court or in negotiations to reduce the value of your claim and is content to "wait you out" in an effort to force you to accept a reduced settlement. Insurance companies know that you may be facing financial difficulties from lost wages and mounting medical bills and will use that as leverage while waiting you out.

Assume that you've been severely injured in a car accident by a drunk driver and are contacted shortly thereafter by the drunk driver's insurance company that offers to compensate you for your property damage. Before signing anything, you wisely contact our experienced car accident attorneys at Grossman Law Offices, who represent your personal injury claims to the insurance company.

The insurance company refuses to pay for your personal injury claims, and attempts to prolong your case by digging up any shred of evidence showing that your injuries aren't as severe as claimed, or claiming that you contributed to the accident by your own recklessness or negligence. To achieve this goal, the insurance company will launch an all-out assault on your personal life, including looking at pictures you've posted to Facebook and contacting your friends and family. Our attorneys, aware of the insurance company's tricks, work quickly and aggressively on your behalf to negotiate and, if necessary, litigate your personal injury case in a manner that fully compensates you for your injuries.

Why should you call Grossman Law Offices?

If an insurance carrier has accepted liability for the property damage you've suffered in a car accident but is refusing to accept liability for your personal injuries, you need to get their attention by retaining our smart and aggressive car accident attorneys at Grossman Law Offices.

Our attorneys have more than two and a half decades of experience litigating car accident cases, and know what it takes for car insurance companies to pay accident victims the compensation they deserve. Our attorneys are available any time, day or night, to provide a free consultation regarding your injuries and discuss how they can represent your interests to an insurance company at (855) 326-0000.

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