Why Is the First Settlement Offer Often Too Low After a Texas Car Accident?
Quick Answer An insurer’s first settlement offer after a Texas car accident is often low because it may be made before the full medical, wage-loss, liability, insurance-coverage, and lien picture is documented. Accepting the offer usually requires a release, and the Texas Department of Insurance warns that this release promises that you will not bring […]
What Happens When Multiple Insurance Companies Are Calling After a Wreck in Texas?
Quick Answer Multiple insurance companies may call after a Texas wreck because different policies could cover different parts of the loss. The callers may represent the other driver, the vehicle owner, an employer, your own collision or PIP coverage, or a possible UM/UIM claim. Do not give every adjuster an immediate, unscripted statement. Identify the […]
The Insurance Company Said My Injuries Are “Pre-Existing”: Now What?
Quick Answer An insurance company’s claim that your injuries are “pre-existing” does not automatically defeat your Texas personal injury claim. You may still recover damages if an accident caused a new injury, aggravated an existing condition, or made a previously asymptomatic condition painful. The next step is to document your medical condition before and after […]
3 Insurance Company Delay Tactics After a Texas Car Accident and How to Fight Back
Quick Answer The three common insurance company delay tactics after a Texas car accident are silence or adjuster reassignment, repeated document requests, and an investigation that never reaches a decision. Fight back with a dated paper trail, an indexed evidence package, written requests identifying what remains missing, and a firm calendar for Texas’s two-year lawsuit […]
What Is a Recorded Statement and Should I Give One After a Texas Car Accident?
Quick Answer A recorded statement is an audio-recorded interview in which an insurance adjuster asks about a crash, fault, injuries, treatment, and damages. You generally should not give a broad recorded statement to the other driver’s insurer before getting legal advice. Your own insurer is different because your policy may require cooperation, but you can […]
Why the Insurance Adjuster Is Not on Your Side After a Texas Car Accident
Quick Answer The insurance adjuster is not on your side because the adjuster works for the insurance company and evaluates what, if anything, the company should pay. The Texas Office of Public Insurance Counsel expressly warns that, in a third-party claim, the other driver’s insurance company is on its driver’s side. You can report the claim […]
Medical Liens, Subrogation, and Your Personal Injury Settlement in Texas: What Gets Paid First?
Quick Answer: A Texas personal injury settlement does not follow one universal rule saying attorney fees or medical liens are always paid first. The settlement normally enters a trust account, then attorney fees, case expenses, and valid third-party claims are calculated under the fee agreement and the law governing each claim. Texas Rule 1.15 requires disputed […]
Do I Pay My Lawyer If We Lose a Personal Injury Case in Texas?
By Ryan Orsatti, Texas personal injury attorney, Ryan Orsatti Law, San Antonio. Quick Answer In many Texas personal injury cases, you do not pay your lawyer an attorney fee if there is no recovery, but the written contingency fee agreement controls. Texas law requires a contingent fee contract for legal services to be in writing […]
How Long Does a Car Accident Case Actually Take in Texas?
By Ryan Orsatti, Texas personal injury attorney, Ryan Orsatti Law, San Antonio. Quick Answer: A Texas car accident case can take a few months for a clear-liability, short-treatment claim, 6 to 18 months for many injury claims, and one to three years or longer if a lawsuit, serious injury, disputed fault, multiple insurance layers, or trial […]
PIP and MedPay in Texas: What They Cover and How to Use Them After a Car Accident
By Ryan Orsatti, Texas personal injury attorney, Ryan Orsatti Law, San Antonio. Quick Answer PIP and MedPay in Texas are coverages on your own auto policy that can help pay accident-related bills after a car accident, regardless of who caused the crash. Texas insurers must include PIP unless it is rejected in writing, while MedPay […]