Dallas Auto Accident Injury Lawyer

If you have suffered an injury because of someone else's carelessness, you should speak with an experienced personal injury attorney who will evaluate your case with you, to ensure that your legal rights are fully assessed and protected. J. K. Ivey is a Board Certified specialist, with almost 20 years experience. He can explain what you can expect at every step of your personal injury case, and will take action on your behalf -- researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel -- all with an eye toward strengthening your position and ensuring your fair recovery. Call 512-695-1334 24 hours a day, or simply click HERE to email J. K. now.

Insurance Claims: Do's and Don'ts

If you are involved in a motor vehicle accident, it is important that you maintain appropriate communication with your insurance company. Following are some "do's and don'ts" to remember throughout the insurance claims process.

THE DO'S

DO call your agent as soon as an accident or injury takes place. As soon as you get home from the car accident, or even before you go to the doctor, call your agent.

DO review and understand your coverage before talking to your insurer or your agent. Read the "Coverage" and "Exclusion" sections of you policy in particular.

DO take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor's name.

DO consider whether you might have insurance coverage under some other insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies, "umbrella" policies, and materials that came with your credit cards.

DO take pictures, if possible, of damage to your vehicle, the accident scene, and your injuries.

DO be honest and forthcoming with your insurer. Even if it is embarrassing, it is better if your insurer knows all the facts. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage.

DO understand the difference between replacement coverage and depreciated or actual cash value. If your policy provides replacement coverage, don't settle a personal property loss for "actual cash value." You may be required to replace the lost items before getting your full reimbursement if you have replacement cost coverage.

DO keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company.

THE DON'TS

DON'T give any recorded or written statements to your insurer or the other party's, until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, do consult an attorney.

DON'T automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's or contractor's repair or replacement estimates, which might be a bit low.

DON'T sign any releases or waivers of any kind until you obtain legal advice. A bad financial situation after a major loss may make it seem necessary for you accept a premature, inadequate settlement from your insurer. But you may remember destroyed items after you have signed a release as to payment for your personal property inventory or other claims. For these reasons, it is advisable to consult an attorney before signing a release or waiver. Be sure to read the fine print on any payment from the insurance company.

DON'T accept any check that says "final payment" unless you are ready to do so.

DON'T ignore time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If your claim has not been settled to your satisfaction eleven months after your loss, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.

DON'T forget that you have a contract with your insurer. Your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation.

Car Accidents - Frequently Asked Questions

1. What if I was not wearing a seat belt at the time of my accident? Can I still recover damages?

It depends on the state in which the accident occurred. In some states, not buckling up can negate or reduce any potential compensation for damages, on the basis that people suffer more severe and expensive injuries when they're not wearing seat belts. In other states, this is not the rule. In Texas, the use or non-use of a seat belt is NOT admissible evidence in injury cases filed before Setember 1, 2003, and IS admissible evidence in cases filed after that date.

2. What determines who is responsible for a traffic accident?

Figuring out who is at fault in a traffic accident is a matter of deciding who was careless. And for vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. These rules of the road are the traffic laws everyone must learn to pass the driver's license test. Complete rules are contained in each state's Vehicle Code, and they apply not only to automobiles but also to motorcycles, bicycles and pedestrians.

3. Should I release my medical records to another driver's insurance adjuster?

Definitely not. Medical record releases should only be signed under limited circumstances and after consulting with a qualified personal injury trial lawyer. If your medical information gets into the insurance adjuster's hands, it could hurt your case.

4. What if the cause of a traffic accident is not clear?

It is sometimes difficult to say that one particular act caused an accident. This is especially true if what you claim the other driver did is vague or seems minor. But if you can show that the other driver made several minor driving errors or committed several minor traffic violations, then you can argue that the combination of those actions caused the accident. Special Rules for No-Fault Policyholders Almost half the states have some form of no-fault auto insurance, also called personal injury protection. (See "Automobile Insurance FAQ".) In general, no-fault coverage eliminates injury liability claims and lawsuits in smaller accidents in exchange for direct payment by the injured person's own insurance company of medical bills and lost wages -- up to certain dollar amounts -- regardless of who was at fault for the accident. No-fault coverage often does not apply at all to vehicle damage; those claims are still handled by filing a liability claim against the one who is responsible for the accident, or by looking to your own collision insurance.

5. If I file a personal injury claim, will I have to go to court?

If another driver's insurance company agrees to pay what your attorney believes your case is worth, and you wish to settle for that amount, then your case will not go to court. This is what happens in most situations. Some cases do require a formal trial proceeding, however. In either situation, hiring a law firm with experience in handling personal injury cases is critical.

6. If I don't feel injured after an automobile accident, do I have to see a doctor?

Both you and your passengers should consider seeing a doctor after an accident. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It is not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries.

7. What if I believe the accident I was in was at least partly my fault?

You are probably not in the best position to assess how or why the accident happened. Defective equipment in your vehicle, a malfunctioning traffic signal, or another driver's intoxication are among many possible causes of an accident, which your attorney can investigate and evaluate. Accepting blame and apologizing to another driver may be used as evidence against you at trial. Leave it to a judge or jury to decide who is at fault.

8. Can I still win my case if my memory of the accident now conflicts with things I might have said at the time of the accident?

It's very common for people to say things at the time of an incident that they later realize were inaccurate. Sometimes, a witness may misstate what you said about how the incident took place. You might have a hard time explaining how it is that you now remember things differently than you did at the time of the incident, but if you consult with an attorney, he or she will have experience handling such a situation, and can help find support for your side of the story.

9. I was in a car accident and the air bags in my car didn't deploy. Do I have a case against the car manufacturer?

That depends, as there are several factors that dictate whether an air bag will deploy in a collision. 65 to 90 percent of vehicles on the road in the U.S. have some degree of electronic data recorder (EDR). Contents of your EDR should be downloaded and preserved. Call J. K. Ivey today. Call 512-695-1334 24 hours a day, or simply click HERE to email J. K. now. J. K. can investigate the airbag devices in your car and determine, with the assistance of an engineer, the circumstances under which the airbags were supposed to deploy. If the circumstances of your accident were such that the airbags should have deployed, you very well may have a product liability claim against the manufacturer.