Many car accident victims believe that if they do not hire a lawyer right away, then they have to go through the claims process alone. Even if you have been through months of failed insurance negotiations, an attorney will most likely be able to assist you.
If you have been in a car accident, it is imperative to speak with an attorney right away. TK Injury Lawyers would like to provide an overview of the claims process and situations in which it may be challenging to file a claim.
There are situations that may prevent you from filing a claim, such as:
In every lawsuit, there is a certain amount of time in which a claim must be filed, known as a statute of limitations.
For car accident lawsuits, the statute of limitations is two years. Legislation passed this law in order to ensure that key evidence would be preserved. After a certain amount of time, witnesses will not remember events as clearly, and DNA evidence will fade.
Your claim is considered fully resolved once you accept a settlement offer with the insurance company. You will then sign a waiver releasing the other party from liability.
If you accept a settlement offer, then you forgo your rights to take your case to court.
Even if these two situations apply to you, you may still have legal options. It is always best to consult a car accident lawyer to find out if any legal remedies are available.
It may be time to take your case to court if you have been experiencing the following:
A car accident lawyer knows what evidence is relevant in building your case. A lawyer will gather witness testimony, photographs, and video surveillance to show the other driver’s liability.
Save all your medical records and documentation of missed time from work. This will be important evidence to help you in collecting damages.
Along with preparing supporting documentation for the at-fault driver’s insurance company, a lawyer will help you draft a demand letter.
A demand letter should contain the following components:
In Texas, an insurance carrier has 15 calendar days to acknowledge receipt of your claim. Within 15 days of receiving all requested information, the insurer must approve or deny your claim.
Texas law allows an insurer to extend the period to up to 45 days if they need additional information. If your claim is approved, the insurance company must pay you within five business days.
You are entitled to collect 18% annual interest and attorneys’ fees in addition to the original claim amount if an insurer does not comply.
If you believe it is too late to file a car accident claim, there are still a few steps you can take depending on your specific situation. Here are some suggestions:
Remember, these suggestions are general in nature, and the specific steps you should take depend on the laws in your jurisdiction and the circumstances of your case. Consulting with a qualified car accident lawyer is crucial to understanding your rights and options in such situations.
A car accident claim is a daunting process, and many car accident victims avoid contacting an attorney for fear of spending more on legal fees. In the long run, contacting an attorney during the process will save you money and headaches.
Learn why we are a trusted firm in Austin, Texas. Contact an Austin car accident lawyer at TK Injury Lawyers today to schedule your free consultation.
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