Logic would seem to dictate that the less severe the injury, the simpler it should be to resolve your personal injury claim. However, that is not always the case. All too many insurance companies are refusing to be fair in settling personal injury claims, knowing full well that consumers will have to seek a qualified attorney to collect what is rightfully due. For now, suffice it to say, the insurance company is probably not going to bend over backward trying to be fair with you. Therefore, what you are about to learn here should be invaluable in your efforts to understand and deal with insurance companies when you have a personal injury claim. With this in mind, let us proceed.
Rights and Obligations – Yours and Theirs
If we were to go into details and subtleties here you would probably lose all interest in reading further, so let’s try to keep this simple. To begin with, you have the obligation to prove who is responsible for your personal injury. Because this is a “comparative negligence” state, YOU also have to prove that YOU were NOT guilty of any negligence that may have contributed to you having sustained a personal injury. Then YOU have the obligation to “mitigate” (minimize) your damages and YOU have to prove your damages. Are you beginning to see a pattern here?
Will my insurance rates go up if I file a personal injury claim in Texas?
One of the most common reasons accident victims don’t file a personal injury claim is because they fear it will have a negative impact on their insurance rates. If you were injured through no fault of your own, how can the company penalize you for something you didn’t have control over?
Pursuing, and even winning a personal injury claim doesn’t mean your insurance rate will increase. When you pursue a claim, there’s no guarantee that you will win, so the insurance company won’t have cause to increase your rates. When you win a case, it means the court found you to be not at fault for your accident (or at least less than 50% at fault), which also does not give them the right to raise your rates.
The only time companies have a right to raise your insurance rates is when you are found to be the negligent or at-fault party. The defendant in your case may have his or her rates raised because they were the ones found to be the cause of your personal injury.
Be Aware of Repetitive Claims
There is one red flag that can be raised when the insurance company reviews your policy. Too many collision claims in a car insurance policy can cause the company to raise questions of your liability. Some insurance companies do limit the number of claims you can submit before they will drop your coverage, so it’s important to have a Texas personal injury attorney who is well-versed in car insurance rates and coverage working on your side.