How to Settle a Car Accident Claim Without a Lawyer
This means all those ads showing fistfuls of cash, gory car wreck scenes or platitudes like “We Care for You” or “We Are Aggressive” are 100% meaningless unless your case involves 10's of thousands of dollars in damages or injuries. So does that mean you are just stuck accepting whatever settlement the insurance adjusters offer you? Absolutely not! In this guide I will show you how to build a strong position to negotiate from and give you pointers on the many tricks and pitfalls to watch out for when dealing with insurance companies.
What Are Your Options for Settling a Minor Car Accident Claim?
If you're involved in a car wreck and you decide to handle the negotiations with the insurance company yourself, what are your options? Well, the first option is to just accept what the insurance companies are offering - I NEVER recommend that. They are going to offer the lowest amount that they think you are willing to accept and they have ZERO obligation to pay what your claim may actually be worth.
The next option is the try and find an attorney that will work on your case for a flat fee or on a retainer. This is feasible in some scenarios but you also run the risk of owing an attorney more than what you will receive from the insurance company. You also have to wonder about the experience and effectiveness of an attorney willing to accept a case on such terms.
The last option is for you to learn how to negotiate a settlement without a lawyer. If you're interested in going that route, then I wrote this guide for you. With it, you can educate yourself on the negotiation and settlement process before you talk to an insurance adjuster. (Hopefully, you haven’t signed any forms yet!)
What Type of Accident Cases Should You NOT Try to Settle on Your Own?
Before we go any further, we need to discuss what types of auto accident cases you should not attempt to settle without help from a lawyer. The reasoning for each varies some but the common theme is that you will almost certainly receive more money for your wreck if you have an experienced Katy injury attorney handling the case.
The Basics - Understanding Auto Accidents as Personal Injury Cases
Let’s start at the very beginning: An auto accident is considered a matter of personal injury law. So just what is a personal injury case? Lawyers say that they handle “personal injury cases” or “accident cases” or “wrongful death cases.” Many times, folks are not really sure what they mean. Indeed, people who have known me for years will ask me for a referral to a car accident attorney! They do this even though I think that they know exactly what it is that I do.
A personal injury, car accident, medical malpractice, product liability or wrongful death case is any type of claim where a person has been injured or killed due to someone else’s carelessness. If the only damage in your case is that your car got banged up, then you don’t have a personal injury case. But, you may have a property damage case. We do not handle property damage cases, but there are many lawyers who do so.
If both you and your car have suffered an injury, then you have both a personal injury and a property damage claim. In those circumstances, either your insurance company or the other driver’s insurance company will usually take care of the property damage claim. It is standard to settle your property damage claim separately from the bodily injury claim.
If a product hurts or kills someone, the seller is liable if the product is unreasonably dangerous and resulted in the harm. The maker of the product is liable even if they were careful when it was made. So long as the product is defective or unreasonably dangerous, the maker is liable for the harm. This is the law of product liability.
If someone’s negligence causes the death of another, then this is called a “wrongful death” claim. In Texas, parents, children and the spouse have a right to recover for the emotional harm that has resulted as well as any financial loss. You need an attorney who understands the specialized wrongful death laws of Texas.
Common Mistakes That Invalidate Auto Accident Claims
If you're going to handle your accident case yourself you need to be aware of two very important mistakes that end up destroying more accident claims than anything else. These mistakes involve the Statute of Limitations and Medical Treatment.
What Must You Prove to Get the Most Money From a Car Accident?
Just because you were hurt doesn’t mean you are entitled to money. You must prove that someone else was negligent or careless and that it was their negligence or carelessness that caused your injury. If you fail to do this, you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose. If you had an injury BEFORE the accident, then you are only entitled to be compensated to the extent your injury is now worse.
In Texas, if you were in any way at fault for a collision, you do not necessarily lose. This is known as the law of comparative negligence. This means that if the “other guy” was 99 percent at fault and you were one percent at fault, then you are entitled to recover 99% of your losses. However if you were more than 50% at fault, i.e. 51%, the law says you do not get to recover anything.
For you to have a viable case it must be clear that your actions were not the only cause of the accident.
Also, in Texas you cannot sue your employer for negligently hurting you if the employer carries worker’s compensation insurance, except in extraordinary circumstances. If the employer’s gross negligence results in death, the family can sue, but these cases can be hard to win. It has been said that it is easier to uphold a murder case in the appellate courts than to get them to uphold a gross negligence case.
Sometimes, several persons or companies are at fault and a jury gets to decide the percentage of blame against each. If one company – for example, an employer – is to blame but cannot be sued, the jury can apportion fault among the others, in most circumstances.
Evidence You Need to Gather at a Car Accident Scene
A car wreck can be a jolting experience that sends even the most unshakeable person into a turbulent state. What just happened? Is everyone ok? How bad is the damage? Is help on the way? All these questions and more are racing through your mind and the last thing you may be thinking about is collecting evidence for a potential fight with the insurance companies - but that's exactly what you need to be doing.
Once you've ensured that everyone involved is either ok or secured from further harm, it's time to call the police and start collecting your evidence.
While waiting for the cops to show, start writing down the contact information for any other drivers involved. Get their insurance company name, policy number and the phone number. Look around to see if there any witnesses who saw the crash. Ask them to write you a statement of what they witnessed happen and include their signature, date, and all their contact information.
Next, start taking photographic evidence of the scene. Get photos from all angles of the vehicles involved in the wreck, skid marks, any visible injuries to you or a passenger, and photos of the area including the horizon and sky (yes, it matters).
When the police arrive be sure to write down the name and badge numbers of any officers taking statements. Request the reference number for any police reports they have created. Ask if any citations have been issued and if so, what were the alleged violations.
Finally, if you're injured and paramedics are on the scene then allow them to examine you. Your adrenaline is still pumping and you may have injuries that can't yet feel. If you leave the accident scene on your own and then later need medical attention it may negatively impact your claim. If you're asked to do something by any emergency responders, cooperate with them. Finally, if you do leave and then notice you may be injured - seek a medical evaluation as soon as possible!
Evidence You Need to Support an Insurance Claim for Damages
One of the first things you should do if you want to file a claim is contact the other driver’s insurance provider and inform them of your intent to seek damages for their driver’s negligence. You also need to call your insurance company and fill them in on the details of the accident and what steps you’re taking. Insurance policies usually require a policyholder to notify them when an accident occurs regardless of who is at fault.
You’ll hear from an insurance claims adjuster soon after you notify the other insurer of your intent to file a claim.
It’s important to determine what monetary damages you’ve suffered and keep this in mind when working towards a settlement. Take the time to calculate the costs of all the expenses involved; from vehicle repairs, to the income that you have lost from missing work.
It's common to consider any future expenses that you might need to pay in your settlement. You need to try and think of every expense that you could have as a result of the wreck. One benefit of having an attorney handle your case is that they are very good at finding “unconsidered” expenses for you.
Next, you’ll need to obtain a copy of the accident report. This report is a form that’s filled out by the police officer who investigated the incident. To get the report, you’ll need to get in touch with the department that the officer works for. The accident report should include the officer’s own conclusions on the incident, like the cause of the crash, for example. If the other driver received a ticket, it could help with your claim.
You’ll also need to obtain copies of all your medical records that are related to the accident. It’s important to contact ANY medical providers who were involved with your incident, such as ambulance services, to get an accurate accounting of the costs. You’ll need to get a written medical diagnosis too, with a description of the type of injuries you suffered and to what extent. These records should also show what treatment was needed and the costs that came with it, as this will be vital in proving damages.
Also, any injuries or disfigurements you’ve suffered should be photographed as soon as possible after the accident; these can be crucial for achieving medical damages for your claim.
Next up, start documenting information on any lost wages you have. Loss of earnings are also essential to your settlement amount and claim, which is why you need to gather any information you can on having to miss work due to the accident. It’s worth noting that even if you used your vacation or sick days, you’re still entitled to be paid for your losses.
Now you need to start organizing and labelling all your accident scene photos. This is important in showing how severe the incident was, which will also help to confirm the medical expert’s reports on the extent of your injuries.
Health insurance payments are another expense you need to document. If your health insurance covered your medical bills, make sure you call your insurer and get a written statement on how much was paid.
Additionally, any out-of-pocket expenses are important too. Whether it’s the costs of premiums or for everyday chores that you now have to rely on others to take care of, such as lawn care or house cleaning.
Any documentation you have of repair or replacement costs of your personal property are also important to your settlement and claim. This can include any property that was lost or damaged in the accident like sunglasses, phones, etc.
Calculating an Amount to Demand from the Insurance Company for Damages
From day one you should be keeping track of the expenses that have built up since the accident. In these instances, many individuals add up all their “special damages”, i.e. their medical bills, lost wages, etc. After that, you can add a considerable amount more for your “general damages”, which will encompass pain and suffering.
Future expenses are also worth considering. In some instances, injuries can prevent an individual from working at their current job for a significant amount of time. This loss of earnings can certainly add to the total of your claim.
Remember that calculating a price for damages isn’t always easy. There are many different factors to consider and you’ll need to think of all of them if you want to be properly compensated. Take into account as many different expenses and losses as possible and base your claim on these. Keep in mind that there’s nothing wrong with demanding a larger amount that you actually believe you can achieve, just be ready to negotiate.
Vehicle Damage Claims
Fortunately, it’s fairly simple to negotiate a settlement for vehicle damages. The insurance company will want quotes for repair work, or an appraisal of the vehicle for total replacement. Some insurance providers have a list of preferred car repair shops and appraisers, but you are under no obligation to use them.
If your car is deemed a total loss by the insurer, meaning that it’s less expensive to pay the appraised value of the vehicle rather than the repairs, there may be more room for negotiations.
You might have to spend some time with the adjuster to determine the car’s value, taking different factors into consideration (for example, if the car was in great condition or had any valuable upgrades). This process can be faster if you have a market value certified by an appraiser.
If you reach an agreement for property damages, remember to read it carefully before you sign it. You should ONLY be agreeing to release and settle the vehicle damage claim, not all claims resulting from the accident.
Rental Car
If your vehicle will need to undergo repairs for more than a day, you have a right to use a rental car similar to the one that was damaged in the accident. If you’re not the one at fault, you have the right to use a rental until the repairs are complete and this should either be provided or reimbursed.
Bodily Injury Claims
Early on, the adjuster is likely to want to take your recorded statement and ask you to sign a medical release. DO NOT AGREE TO THIS! If your claim is serious enough to need an attorney, don’t give a statement or sign anything. Your attorney will reach out to the insurance adjuster and handle everything.
If you’re handling the claim yourself, read my tips below for how to handle requests for documents from the insurance company. In either situation, ALWAYS be careful what you willingly offer - you don't want anything you've said to be used against you later.
The adjuster must have medical records to verify your injuries, but you don’t have to use the insurance company’s medical release form. The insurance company’s form may give them access to years of health records unrelated to your current injuries.
Questions to Ask the Insurance Company Before Starting Negotiations
- Will you put in writing that the accident was not my fault?
- Will you tell me how much insurance the person who hit me has?
- If I give you a recorded statement, will you give me a copy of the recorded statement that you already got from the person who caused the accident?
- If I sign this medical release, will you immediately forward to me a copy of everything you get using my release?
- Will you tell me how much money you have set aside in “reserve” to pay my claim?
- Will you give me copies of all recorded statements that you have taken from witnesses?
- Will you tell me now whether there is any “umbrella” insurance coverage available to cover my claim?
- Will you tell me whether you have already done video surveillance of me? Will you guarantee me that you will not do it in the future?
- Will you give me a copy of any “index” information that you have already gotten from your computer system?
- Will you give me a copy of any financial information that you may have already obtained on me?
- Will you tell me which of my neighbors you have already interviewed?
Good luck! Our experience is that the information sharing with insurance companies is a one-way street. You give to them, but they don’t give to you!
Negotiating With the Insurance Company's Adjuster
If you want to get the most out of your settlement, you’re going to need to negotiate with the insurance company. It’s important that you put your emotions aside when you’re talking to the insurer, as you’ll need to be calm and rational when speaking with them. Often, this is crucial to taking in everything they say and identifying any issues with their current stance on the matter.
It’s important to remember that claims adjusters are trained to investigate accidents and negotiate settlements, as well as being required to deny claims if they determine their insured wasn’t at fault.
Some insurance providers assign two adjusters to handle injury claims and property damage claims, so you’ll need to make sure that you keep track of the claim numbers for each type, so that you use the right one on your correspondence.
You should expect to get a “Reservation of Rights Letter” as soon as the insurance company opens a claim for you. It’s a standard form sent to every claimant. Essentially, it says that the company will investigate your claim while also saying that they reserve the right to deny your claim.
How Do You Write a Demand Letter for an Auto Insurance Claim?
At this point you should have an idea of what the insurer is willing to pay, and now you can begin making your demand letter. This is an opportunity to explain why your case demands additional compensation and why the settlement they have offered is too low. Take the time to properly explain all the details and use hard numbers to prove your point where you can.
Using all the evidence you have gathered, explain why the other driver is responsible for the wreck, your additional damages requested, and why their insurer needs to pay the amount that you’re owed. It’s worth noting that the demand letter isn’t usually enough to increase the settlement amount, at least to the number you want, but it can often be a good place to start. If anything, it shows the insurance provider that you are going to fight for what you feel you deserve.
After receiving the letter, they should submit a counter-offer. At this point you can accept this or continue to negotiate. If you accept, you’ll sign a final agreement, and it will be done. On the other hand, if you’re unhappy with the settlement offer, you should know that getting anything more may require litigation.
Continuing Negotiations to Ask for Higher Settlement Amount
If the settlement isn’t close to what you wanted, don’t overreact – continue to be patient and persistent as you try to negotiate further. It’s often wise to say that you don’t feel that the amount is appropriate for the damage caused, but that you’ll consider it and get back in touch. When you do talk with them again, be prepared to refute their objections.
There may be several exchanges going back and forth, but keep in mind that you should be negotiating down from your original offer rather than up from their counter-offer. If they’re still negotiating with your, it’s a good sign.
What is an Insurance Adjuster’s Authority?
This is basically the maximum amount that the adjuster is allowed to use when settling claims, and only a supervisor can approve a larger settlement. Unfortunately, adjusters are known for telling claimants that their settlement demands exceed their authority, when in fact, it may not even be close.
Don’t use their authority as a starting point for negotiations, start with the amount you originally wanted and work from there instead. Remember that you’re well within your rights to reject a low offer.
What Happens When You Reach a Settlement?
When you have both verbally agreed on a settlement, follow up on this immediately in writing to seal the deal. However, you will still need to carefully read the settlement agreement before signing it to ensure that it clearly states what you’re expecting it to.
What to Do When Insurance Claim Negotiations Fail
It’s always wise to negotiate with patience, but at the same time, letting an adjuster get away with bad faith tactics is simply wasting your time. Always be polite but stern and insistent that your inquiries are answered in a timely manner.
Always be aware of your state’s stature of limitations for injury cases too, as you could lose your right to compensation if you don’t settle a claim or file a lawsuit before the deadline. You should also pay mind to the fact that the adjuster is under no obligation to tell you about the deadline or help you to settle the claim in time either. In fact, one of their many tactics is the “run out the clock” on your claim by taking you right up to or past the statute of limitations.
If an adjuster won’t negotiate with you in good faith or tries to pin the blame on you, it’s time to call a personal injury attorney instead.
Handling Insurance Company Requests for Information
Here are some common questions I am often asked that highlight additional errors many folks – and many lawyers who claim to be experienced personal injury lawyers – make. All of these mistakes have a high probability of sinking otherwise good claims.
Myths & Misconceptions About Car Accident Insurance Claims
I've been a personal injury accident lawyer since 1985 and in that time I've heard all manner of assumptions and myths about these cases. I'm sure you've been exposed to many of the same ideas from friends, neighbors and relatives on how to deal with insurance companies when pursuing a minor car accident settlement. Let's put a lot of these misconceptions to rest right now.
- If you write the insurance company a letter and are reasonable, you will get a reasonable settlement proposal.
- When you are in an accident and the insurance company calls you to ask for a recorded statement, you have to give them a recorded statement or they won’t settle with you.
- All lawyers who advertise that they handle accident cases have the same ability, tools and experience to handle your case.
- The insurance company for the person who hit you is obligated to pay your medical bills as they become due.
- The court system is some sort of lottery that will help you get rich.
- Just because there has been an accident and it wasn’t your fault, there must be some insurance company that will pay for your bills, lost pages and injuries.
- It is good for your case when a lawyer refers you to a doctor.
- Juries in Texas are generous.
- There is a formula for determining settlement value.
- The lawyers you see on TV are respected and the insurance companies are afraid of them. (That is a funny one!)
Insurance Companies Will Do Almost Anything to Deny Your Claim
Sadly, the following story is true though almost unbelievable. Yet, Progressive Insurance Company once ADMITTED to these actions. It seems that the insurance company actually hired private detectives to JOIN A CHURCH in order to discredit a couple suing the insurer.
Progressive Corp. Chief Executive Glenn Renwick later apologized for the use of private detectives.
"What the investigators and Progressive people did was wrong – period,” Renwick, head of the third-largest US auto insurer, said in a statement. “I personally want to apologize to anyone who was affected by this.”
Apparently, the Progressive detectives worked their way into and taped support group sessions intended for people who struggled with alcohol & drug addiction. Even though the couple's wreck had no indication of anyone being under the influence, the detectives were knowingly spying on the entire group to see if they could gather evidence suggesting that substance abuse was the cause of the accident.
In other cases, Progressive has sent letters to my clients informing them that they have won a prize, usually a heavy grill or a pickup full of goods. When the client shows up to collect, they are secretly filming. In other cases, they film people in their backyards doing simple yard work. What they don’t show is the pain that results later that evening from trying to do something to free the client from the agony of doing nothing.
This conduct is outrageous but, unfortunately, not all that unusual. Victims of car crash cases must be ever vigilant, because these companies will stop at nothing. Progressive has been sued on this matter and based upon the admission of its CEO, should expect to pay a hefty judgment.
This is just one example of how far an insurance company will go to keep from paying up. Hopefully your case is minor enough that they won't balk at paying a fair settlement.
Tactics Car Insurance Companies Use to Avoid Paying Claims
I am sick and tired of insurance companies taking advantage of people before they have a chance to talk to an attorney. For years, one major insurance company encouraged claimants to not even talk to an attorney before settling the claim. They used fear (the lawyer will take one-third to forty percent of this check we’re about to pay you just for talking to them) to dissuade people from getting good advice.
Guess what? You may not need an attorney to represent you in your case! No one, however, should settle a case without understanding “the system.” Typically, for example, the insurance adjuster isn’t going to tell you that you might have to turn around and take the check they just paid you and pay it to your health insurance company. They don’t care about you.
That adjuster just wants to close the file and get you to release all of your claims.
Here are some other tactics I’ve seen insurance companies use just to wear you out and get you to go away:
- Deliberate Delay. They know that often, you are in a financial squeeze. Even if you have good health insurance, the fact that you aren’t working may make it difficult to handle co-pays and deductibles. The insurance company knows you are getting dunned by the doctors, so they take their time with your claim.
- Requesting Unnecessary Information. Insurance companies will insist that you track down every little piece of information before “we can evaluate the claim.” Even if the information they are asking for would not add a penny to their offer, they are happy to wait another six weeks for you to track it down. Meanwhile, they are earning interest on the money they are NOT paying you.
- Disputing Medical Treatment. Even though I’ve never met an adjuster who went to medical school, they seem to know just what treatment is right for you! Usually, they “know” that you were over-treated because “our computers say you should have been better by now.”
- Nickel and Dime the Medical Charges. Think about it. If they shave just 5% off your claim and can do that to the millions of claims made each year, they get richer.
- Misrepresenting Insurance Benefits. This is a big one. They tell you that there’s only $25,000 in coverage. We file suit and “magically” find an umbrella policy, which has additional coverage for another $1,000,000! Don’t you think they knew that just by looking on their computers before we filed suit? Of course, they did.
- Acting Like Your Friend and Making False Promises. Watch out for the adjuster who befriends you, shows up at your house and promises to pay your future medical bills. This is a tactic to stop you from hiring a lawyer. (Believe me, they won’t come around to your house once you have a lawyer.) Those future medical bills? Well, they’ll sometimes promise to pay them until their computer says “too much, too much, this claim is costing us too much.”
The insurance company has a legal conflict of interest that they never tell you. The conflict is that their sole motive is always to pay as little as they possibly can to settle a claim or, preferably, no money at all.
Let me tell you a classic story to illustrate: “Allstate Had a Stated Goal In Its Own Manuals of Reducing Attorney Involvement in the Claims Process to Achieve a Higher Rate of Return on Settlement Claim.”
The Washington Supreme Court hammered Allstate several years ago for its “Quality Service Pledge.” The Pledge said: “Because you have been involved in an accident with an Allstate policyholder, we will provide you with quality service...Your claim representative is dedicated to carrying out this Quality Service Pledge.”
Allstate’s internal rules directed the adjuster to act as the individual’s claim representative for unrepresented claimants.
An injured woman, Mrs. Jones, settled her case with Allstate based on the Pledge and on the fact the adjuster gave her extensive “help” in settling her claim. Later, the woman tried to return the $25,000 Allstate had paid her. Allstate said “no, you signed a full release.”
The court found that Allstate had acted in bad faith.
It said:
Here, Allstate’s claims adjuster’s conduct fell below the standard of using good faith in handling claims when she advised the Joneses to sign a release of liability and did not properly advise the Joneses that there were potential legal consequences of signing a settlement check and a release of all claims or refer them to independent counsel. She did not fully disclose the conflict of interest she presented. - Jones v. Allstate Insurance Co., 146 Wash. 2d 291 (2002).
The court, in allowing the injured woman to proceed with her bad faith lawsuit against Allstate for its deceptive practice of appearing to be her friend when it was really trying to trick her into not getting advice from an attorney, said that Allstate had a stated goal of reducing attorney involvement in the claims process to achieve a higher rate of return on settlement claims.
Low Settlement Offers & Common Insurance Company Tricks
Of course the initial offer from an insurance company will never be their best or final offer. The solution here is to simply not accept it and continue submitting your evidence. Unfortunately the insurance companies have even more tricks up their sleeves such as:
Common Arguments Insurance Companies Use to Deny Claims
Aside from their dirty tricks to support a low-ball settlement offer, the insurance companies will also look for ways to outright deny your accident claim. Here are some of the common reasons we've seen:
- You weren’t wearing your seat belt (one more reason to always wear a seat belt!).
- Your car was defective.
- You were drunk or impaired by legal or illegal drugs.
- You didn’t see our guy blow the red light, so it’s your fault you got hit.
- You exaggerated our guy’s speed or conduct, so you are not credible.
- You didn’t get an operation.
- You have previously been injured.
- You had a chance to avoid the accident.
- Our insured is not accepting fault.
- The x-rays don’t show you were injured (hint: x-rays aren’t designed to show all injuries, just broken bones).
You're In For a Tough Fight - But It CAN Be Won
Without warning, a car wreck can change everything in your life – physically, emotionally, and financially. Almost immediately, you find yourself in a maze of medical bills, lost wages, and maybe even permanent physical damage. And just when you are at your most vulnerable, the insurance company comes knocking at your door with its little games to get you to settle your personal injury claim quickly and cheaply. Sort of like the accident never happened at all.
You must understand that the day you were injured, you entered a war zone. Insurance companies and some in the government have declared war on injured people and their attorneys. They have waged the war in the media and their propaganda has had a tremendous effect on juries and their verdicts. This is called tort reform. The success that the insurance companies have had in tainting the minds of jurors has emboldened them to not offer fair settlements until you prove to them that you are ready, willing and able to go to trial.
Admit it. Until you or a family member was injured, you, too, may have thought that a personal injury lawyer is a bad person and that people who make claims and file lawsuits are stealing from society. That is what billions of dollars in insurance company advertising will get you! They have hired think tanks that sit around and craft the canned messages to downgrade any claim, legitimate or not, so they do not have to pay for the losses. These messages include terms that are frequently heard in the media such as “frivolous lawsuits,” “junk lawsuits,” “greedy trial lawyer” and so forth.
My goal in writing this guide is to provide victims of serious injury accidents with a straightforward guide to handling their cases. Personal injury cases can open up a myriad of questions and the answers are often confusing. But armed with clear, simple, honest answers, you will be able to understand the legal process and how to go about getting a fair recovery. These are among the first steps needed to get your life back in order.
What If I Decide I Need an Attorney to Help With My Claim?
There's nothing to prevent you from hiring an attorney before you reach a signed agreement with the insurance companies. There's also no shame in starting off on your own and deciding the process is too much to handle alone. As I've detailed above, the insurance companies do not play fair and they see those without legal representation as easy targets. If you've run into a wall, or you're just tired of dealing with process, you can call me at the Stephens Law Firm and I'll be glad to let you know how I can help.
The 5 Mistakes That Will Wreck Your Car Accident Lawsuit
The following actions will give an insurance company enough reason or evidence to move forward with a denial of claim regardless of whether you are handling the matter yourself, or you've hired an attorney and filed a lawsuit. In short, avoid doing any of the following:
About the Author: Personal Injury Attorney Joe Stephens
Joe Stephens was born and raised in a small town in Oklahoma before moving to Houston, where he currently represents the injured and people with limited resources. He is known as a “Lawyer for the People” because he has devoted his career to representing the common man against big business and insurance companies. He is double board certified by the National Board of Trial Advocates and by the Texas Board of Legal Specialization in Personal Injury Trial Law.
Since 1985, Mr. Stephens has tried over 120 jury trials involving personal injuries and wrongful death lawsuits in Houston. He has the highest ranking by Avvo (“10 out of 10”), the nation’s largest independent lawyer ranking service. He has been chosen for inclusion in Texas Super Lawyers based on nomination and peer review. In 1999, the American Association of Justice (AAJ), which is the world’s largest trial bar, elected Mr. Stephens as its “Most Outstanding Young Trial Lawyer.” The United States Supreme Court has admitted Mr. Stephens and found him qualified to practice before it.
Mr. Stephens is a member of the Trial Lawyers College, an elite group of “Trial Warriors for the People.” He is also a member of The Texas Trial Lawyers Association, The Houston Trial Lawyers Association and The American Association for Justice.
Mr. Stephens has won many important trials which have received national media attention. These include the wrongful death victory in the Clara Harris case. He has argued before the Texas Supreme Court, the highest court in Texas. The nationally-recognized publication Verdict Search has chosen several of Mr. Stephens’ cases in recent years as the “Verdict of the Week” for the entire state of Texas. Due to numerous qualifying jury awards, he earned membership in the Million Dollar Advocates Forum. In 25 years of practice, Mr. Stephens has never had a client file a grievance against him.