Texas Car Accident Information

Michael Grossman, auto accident Attorney in San Antonio TX, Discusses 9 Ways to Help Protect Your Rights After a Car Accident

1. Do not lie about your case. This may seem straightforward, but it extremely important, so it bears reiterating.

If you lie to anyone about your case (your lawyer, doctor, or any insurance adjuster), someone will find out at some point during your accident claim. When this happens, your chances of receiving a fair settlement decrease drastically.

2. Do not accept a check or settlement from your insurance company and do not sign any release without your attorney’s help. Your attorney needs to know about every single piece of correspondence between you and your insurance company. In many cases, your insurance company will try to trick you into signing away your rights to compensation – and there are plenty of ways that they can do this that are well within legal options. If they know you have an attorney, they will attempt to meet with you without your attorney being present and get you to sign away your rights. In particular, insurance adjusters may attempt to get you to sign away “any and all claims,” while telling you that you are just settling property damages. Do not fall for these tactics. Let your attorney help you when it comes to any paperwork or correspondence from your insurance company.

3. Do not hide any past injuries or accidents from your lawyer. Your lawyer is on your side. While it is true that past injuries and accidents can complicate your case, an experienced lawyer will know how to address these complications – but he or she needs to know about them beforehand so that he or she can build a case around them. In virtually every single case, the insurance company will find out about your past accidents. If your attorney is not aware of them, you could do serious damage to your case. Make sure your attorney is fully informed about every accident or injury you have had in the past.

4. Keep a daily pain diary. It is important that you keep track of how you feel each day, what doctor visits or therapy sessions you attend, any medications you take (prescription or non-prescription) and how those medications affect you. Write down whether these processes alleviate your pain, as well as whether they impair your daily activity. If this information is not documented, an insurance adjuster may call into question your memory of your pain and suffering. If you have a daily documentation of your state, however, your claim becomes much more credible.

5. Do not try to “suck it up.” If you feel any pain at all, make sure you tell your attorney and see a doctor. Any pain, stiffness, swelling, etc. can be indicative of serious internal injuries. I have seen countless cases of victims who were “just sore” after an accident, when it turns out that they needed major surgery down the line. Auto accidents can cause serious injuries, and you need to make sure that you are receiving the treatment you need.

6. Keep in mind that your insurance company will see everything you do. You can be photographed or video taped at any time, and if you are filing an injury claim, your insurance company is going to do everything they can to discredit your injuries. For example, many people who are hurt in accidents get tired of being bedridden or “taking it easy,” and so they will go play a sport or engage in another of their previous activities. They may be in excruciating pain during the activity, but they will do it anyway – they play through the pain. The problem is that your insurance company will, in all likelihood, secure a video of you engaging in this activity and use such evidence to claim that you are faking your injuries.

7. Remember that insurance companies have no intention of playing fair. They will do everything they can to avoid paying you, pay you as little as possible, and delay paying you for as long as possible. They have many tactics at their disposal, many of which a non-attorney is not prepared to deal with. Let your attorney help you negotiate with your insurance company and force them into dealing with you promptly and fairly, rather than letting the payments you deserve sit in their investment accounts, earning interest, while you suffer.

8. Keep in mind that your case is not all or nothing. Many people think that, if they are even slightly liable for the accident, they will not receive any compensation at all, so they lie or exaggerate details about the accident, trying to avoid all liability. But the law does not work that way, and even if you are partially liable for your injuries, you can still receive fair compensation – but only if you handle your case honestly. As I have stated before, your insurance company will find out the truth. Even if you were seriously hurt due to another person’s negligence, if you are caught in a lie, no matter how minor, your credibility is completely destroyed. In this situation, you will have a very difficult time securing a settlement.

9. Make sure you consider all of your damages. Many people make the mistake (particularly before hiring an attorney) of accepting an insurance company settlement for their pain and suffering without considering the full extent of their damages. Common damages include medical expenses, pain and suffering, and lost income from time spent away from work. But you can also receive compensation for any sort of scarring or disfigurement caused by your accident. Your insurance company will not voluntarily compensate you for these damages, so you need to discuss the extent of your damages with your attorney before dealing with an insurance company settlement. An experienced San Antonio car accident attorney can help you understand exactly what your options are and how you can receive fair compensation.