If you’ve been injured in an auto accident, you will want the help of a League City auto accident lawyer at McDonald Worley. You might be wondering about things like how much and who’ll pay for the medical expenses, how will car damages be paid, and are there any measures I can take to get compensation for damages suffered. At our firm, we give all accident victims a risk-free consultation to enable them to get answers to question they may have while getting advice from a seasoned accident attorney.
Our team of League City personal injury attorneys has decades of experience representing injury victims. We take pride in assisting individuals when they need it, and we are dedicated to pursuing compensation for our clients’ injuries.
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What’s the Average Claims Payout for Auto Accidents in Texas?
Calculating the real value of a car accident compensation payout is a bit complex. Based on information from the Texas Department of Transportation, about 250,000 vehicle accidents occur in Texas every year, and about 7% of these are serious whereby they leave the victims with severe and sometimes fatal injuries.
If you or your loved one suffered serious injuries due to a vehicle accident, the medical bills have probably been sky-rocketing. If the accident was not their fault, then the insurance company of the responsible party will need to pay the current and future medical bills in full. But would you determine how much the case is worth besides calculating the medical bills? Well, an experienced personal injury attorney can help you calculate the true cost of your damages. they will also help you understand some of the factors that determine the value of your case.
Is There Anything I Can Do If the Other Party’s Insurer Denies My Claim?
Being involved in a car accident can be a life-changing event. It could interrupt your daily life, make you seek expensive treatment options and require you to seek the services of a car accident lawyer.. It’s therefore really frustrating and sometimes insulting to have the insurer deny your claim for compensation.
Of course, in a perfect world, all you’d need to do is to file a claim with the insurer and they’d send you a check back that essentially covers all your injuries and car damages. They would also cover all the expenses you incurred as a result of the accident (such as trips to and from the hospital) as well as the income you lost (and will lose) as a result. But this is far from a perfect world. As such, it’s highly likely that the insurance company will even deny your claim.
Here are some of the issues that your insurer might raise as reasons to deny your claim:
Your policy was Cancelled or Lapsed
When you fail to make timely payments on your policy, it could end up being cancelled. Moreover, if you don’t provide information as required, your policy might lapse, and will end up being cancelled. In case any of these scenarios apply to you, you’ll probably be uninsured at the time of the accident. In such a case, a car accident lawyer will help you deal with the insurance company on your behalf..
You Lack full Coverage
It’s likely that you chose a policy that only covers for any damage caused to third parties. For such cases, it’s important to get yourself a professional auto accident lawyer in League City and have them consult with the insurance company and talk to them on your behalf. in case you only had liability insurance, keep in mind that it doesn’t cover that damages your car got. Based on the limits outlined in your policy, you might not even have enough insurance to cover yourself when you get injured in an accident.
Your Name isn’t Present on the Policy
In case you were driving a vehicle that belongs to another person or a commercial vehicle that you are not listed on when the accident occurred, consider getting in touch with us and let one of our lawyers handle all the discrepancies that may arise with your insurer.
You Failed to Report the Accident
If you were recently involved in an accident, ensure that you provide your insurer with all the information they need. Failure to do so might have your coverage waived.
No matter the reason they raise, ensure that you have one of our lawyers by your side to help you handle the issue. Keep in mind that you don’t have much time to request a denial. So, it’s important that you get your paperwork done and then submit the relevant documentation about your accident. Don’t forget that insurance companies like to hold their clients on tight deadlines regardless of whether they have a lawyer or not.
We can effectively deal with your insurer on your behalf. Get in touch with one of our auto wreck lawyers in League City today.
Can I File a Claim Against the Government?
Although you’re legally allowed to file a claim against the government, chances are they will soon be dismissed. Keep in mind that the government is basically immune to lawsuits in most situations. Nonetheless, there are a few exceptions.
One of the exceptions is when a case falls under Texas’ Tort Claims Act. This Act partially waives the government’s immunity and allows a plaintiff to file a suit. However, this can only apply in two situations:
- Injuries and damages caused by car accidents
- Injuries or death directly caused by the condition of a personal or real property
To hold the government liable, the person involved or an employee of the government must have met the following conditions:
- They were acting within the parameters of their employment at the time of the accident
- They would have also been deemed liable in case they were charged by a private citizen
When both the conditions are met, your claim will be considered. Nonetheless, there are still a couple of limits that apply in terms of how much you can recover in such suits. For auto accident cases that involve the government, the most amount of money you can receive as compensation is $250,000. Further, claims against the government have a notice requirement.
The statute of limitations is still two years in such cases. The thing you need to note here is that you will need to notify the government beforehand and make them aware that you’re about to sue. The law stipulates that you should send a 6-month notice, though the time is much shorter in some cities. For League City, Texas, residents, claimants need to provide a notice within 3 months from the day of the accident.
The Other Driver is Uninsured, What Next?
Assuming the responsible driver’s insurance cover isn’t enough to cover all the damage and injuries they caused, or they don’t even have insurance in the first place, what happens? Well, you’ll be happy to know that there are still a few options to seek compensation for your damages. One of these ways is through the Letter of Protection.
Texas Laws state that all motorists should have a given level of financial responsibility and are required to carry, at least the minimum liability insurance amount that covers any damages and/or injuries caused by their negligence. The amount was increased from $25,000 to $30,000 per person.
This might sound like good money, but it’s still inadequate to compensate people injured in the accident and cover much of the damages. although there are laws in place that make carrying insurance mandatory, most people in Texas don’t carry it.
Our attorneys will investigate and establish other ways that the guilty party could provide compensation without their insurance plan. Unfortunately, most of the people who don’t carry insurance will most likely not have the assets needed to cover the damages.
Still, there is another way to recover compensation:
A Demand Letter
Texas Laws require insurance providers to give you a UM/UIM (Uninsured/Underinsured Motorist) coverage. The main purpose of these law is to safeguard and protect car accident victims from running out of options when they get injured in an accident due to the negligent actions of other road users.
Since this coverage must be provided, the only way a person can’t get this coverage is when they decline it in writing. So, if you’ve never submitted such a rejection, it’s likely that you still have the coverage option. This coverage usually amounts to the policy limits that you pay to get liability protection.
Nonetheless, there are a few things that you need before setting out to rely on the UM/UIM coverage. For more information about this coverage, go through your insurance policy’s fine print about the matter. While at it, expect some of the insurers will make one or two offsets specifically for claim credits against the UM/UIM coverage they claim to be providing, and to a certain extent, this is legal under Texas law.
Hiring an experienced attorney so that they can guide you through this process and investigate recovery points is something you should consider doing, if you really want to increase your chances of getting compensated for the damages and injuries you suffered.
Call Our League City Auto Accident Attorneys Today!
In case you have suffered an injury resulting from an auto accident in League City and looking for an experienced lawyer for your claim, McDonald Worley is available to assist.
Our team is always on call 24/7 to offer legal advice and services when you need it. The best part is that you won’t pay anything upfront and nothing at all if we don’t win!
Get in touch with McDonald Worley now to book a free consultation with our personal injury firm. We have decades of experience fighting for victims involved in accidents in League City.
Contact us today, and let us initiate the process of getting you compensated!