FAQ Category: Car Accident

When Should I Seek Medical Attention?

When to Seek Medical Attention After a Car Accident

With a car accident attorney, Houston drivers who experience a collision should seek prompt medical attention. This is essential for both your personal health but also your personal injury claim. Oftentimes, people mistakenly believe their injuries will go away and don’t seek medical attention. 

Later, they realize the extent of the injuries is more far-reaching than they thought. When you sustain an injury in a car wreck, insurance companies look for any excuse to reduce your payout. If they are able to discount your medical treatment or call it into question, it leaves you with a mountain of debt. 

You can expect an insurance adjuster to question just about anything related to your claim. They might think it was too long after the accident or too soon after the wreck. Adjusters tend to indicate that people waited too long to get treatment or a proper diagnosis. They use this to claim that they aren’t sure whether the injury was sustained in the accident at all. 

Moreover, adjusters often indicate that certain treatments aren’t medically necessary because the right amount of time hasn’t passed. For instance, if you can an MRI after an accident, the insurance company would rather you wait until later to get the necessary tests. 

No matter what they say, it’s vital that you follow whatever treatment your doctor recommends without worrying about what the insurance company believes. While adjusters might prefer their judgment, they are not doctors, and your health is far more important than what they think. 

You Might Need Advanced Testing 

Oftentimes, people are “discharged” from emergency care and instructed to follow up with a doctor. However, only an MRI or CT scan provides a proper diagnosis of your condition. Typically, emergency care centers only run these tests when they suspect severe injury. 

If you have health insurance, be sure to submit any bills to your provider for payment. If your provider does not want to cover injuries caused by a car accident, contact the Texas Insurance Commissioner to file a complaint. Your Houston car accident attorney is available to advise you throughout this process. 

For those without health insurance, you may need to pay out-of-pocket, visit a hospital emergency room, or locate a medical provider willing to let you pay them from the proceeds of your settlement. If you have an issue locating a physician, contact our personal injury team immediately. 

Prompt Care Is Essential

As your Houston car accident lawyer, we want you to understand how important it is to seek out prompt medical attention. As we stated above, delays in medical treatment allow the adverse insurance company to claim the accident was not the cause of your injury. This is something they may attempt regardless of what the facts of your case are. 

Oftentimes, the defense teams for insurance companies have doctors who testify before insurance companies regularly. Typically, they retain them because these doctors state that medical treatment was unnecessary or excessive. This is what is known as a defense medical examination. 

The doctors who perform this service for insurance are infamous for their opinions that victims of car accidents are exaggerating about their injuries. For example, a highly used doctor in the Greater Houston Area once claimed that the victim required no further treatment after they left the emergency room. 

It is rare that a visit to an emergency room requires no follow-up, but the insurance companies are not on your side. Their job is to preserve their profit.  When you have questions about a personal injury claim or just want to understand your rights, contact our Houston car accident attorneys as soon as possible. 

Schedule a free case evaluation, and let us show you our personal injury firm will fight to protect your future. 

Things the Insurance Companies Don’t Want You to Know

5 Things Insurance Adjusters Don’t Want You to Know 

As Houston car accident attorneys, we know that being in a car wreck is hard enough in itself. When you have to deal with an adverse insurance adjuster, the frustration only mounts. Unfortunately, it also has the potential to hurt your case. Here are five tips for dealing with the other person’s insurance company. 

#1 Taking Responsibility Doesn’t Mean Paying Fair Compensation 

One common adjuster trick companies use to deter people from hiring a Houston car accident lawyer is accepting responsibility or acknowledging that their insured driver was at fault. Oftentimes, they admit this early on because they believe that you will handle the case on your own without hiring an experienced personal injury attorney. 

Once they convince you that they accept responsibility, the company wants you to assume that they’ll offer a fair settlement. However, this is a mistake. Insurance companies regularly underpay when they make their first offer. 

Unfortunately, when you don’t hire a car accident attorney early on, it does damage to your case. A good rule to follow is this: The more severe your injury, the more likely it is that you need a Houston car accident attorney. When you have an advocate on your side, you have a much better chance to gain a full, fair settlement. 

 

#2 You Are Not Obligated to Provide a Recorded Statement 

Oftentimes, adjusters tell car accident victims that they have to make a statement in order to provide compensation. Typically, this is when they’re handling a property damage claim. They want you to feel pressured to provide a recorded statement. 

While there are some instances where you might need to give a statement, such as dealing with YOUR insurance company, it’s important to consult with an attorney before you speak to anyone. Your auto accident lawyer will tell you when it’s necessary to provide a statement. Moreover, we’ll handle the communications on your behalf. 

 

#3 They Will Use Your Statement Against You

Providing a statement to the other person’s insurance company is often a mistake. Insurance adjusters are well-versed in taking statements in a way that elicits admissions from innocent victims. 

Their goal is not to learn your side of what happened or even about your injuries. They want information – on the record – that undermines your case. If you speak to an insurance adjuster, expect questions about how the accident happened that veer towards your potential responsibility. 

  • Did you hit the brakes? 
  • Where were you looking? 
  • Do you have a phone? Were you using it? 
  • Did you have your seatbelt on? 
  • When did you notice the other vehicle? 

These questions are a clear attempt to elicit responses that help them defend their case. Oftentimes, they throw in questions that serve no purpose aside from potentially throwing you off-balance. 

#4 They Will Target Your Medical Treatment 

Oftentimes, people are surprised to learn that insurance companies will target the medical treatment that their doctors provide. This is especially surprising when they feel like the insurance company already accepted responsibility. 

  • “We don’t allow that.”
  • “That’s not included.”

Likely, you’ll hear phrases like these directed towards your treatment, which your doctors deemed necessary. They want to make it seem as though it’s not satisfactory to their settlement or claim. Through this method, they attempt to reduce what they cover when they pay you – if they pay you at all.

When you hire a Houston car accident attorney, you have someone to protect your rights against these adjusters. We use our strategic mindset to work around their petty attempts to conserve profit. These statements don’t mean your medical treatment is unreasonable or unnecessary. It only means they are willing to use whatever tactics they have to reduce your compensation. 

This tactic is particularly vile because it leaves victims footing the bill for their medical treatment. The best way to combat this is to have an aggressive car accident lawyer on your side to fight them off. 

 

#5 Severe Injuries Require Aggressive Representation from a Houston Car Accident Attorney 

Oftentimes, the truth of the matter comes down to the fact that severe injuries require aggressive representation. When your case involves surgery, a permanent disability, or a wrongful death, you need a Houston car accident attorney who knows how to get full and fair value for your case. 

The more serious the case, the more likely it is you need a personal injury attorney. 

Insurance companies become large corporations because they know how to avoid fair payouts. In addition, there are numerous other issues to deal with in order to maximize your settlement. 

With a serious injury, you need a serious car accident lawyer. At Cobos Law, we help victims throughout the process, acting as their advocates to protect their rights and pursue better compensation. When the insurance companies refuse to pay a fair settlement, we are not afraid to take them to court. 

Call 713.234.5860 now to schedule a free case evaluation. Share your story with us, and let us show you that we are the aggressive advocates you deserve. 

Should I speak with the other person’s insurance company after a car wreck?

A Houston car accident attorney will understand how difficult the legal process can be following a car wreck. Regardless of fault, the other party’s insurance company may reach out to you. This is because they want to gather additional information about your case, but also so that they can frame what happened in a light that works best for them. For these reasons, it is best for you to direct those insurance adjusters to an experienced car accident lawyer like Andrew Cobos.

When you discuss the accident with the liable party’s insurance representative, you risk jeopardizing your compensation for damages. No matter how clear fault may seem, insurance companies want to minimize payouts. Some may even try to shift fault to you, depending on how you speak about the collision.

With our car accident legal team, you gain advocates who take on the burden of these matters for you. Call us today to schedule a free consultation, and don’t speak to anyone about the accident aside from your doctor and attorney.

You Bear No Obligation to Speak to Other Insurance Companies

There is no Texas law that obligates you to speak to the liable party’s insurance company after a car accident. Instead, seek out legal representation from an experienced Houston car accident attorney like Andrew Cobos.

With our lawyers on your side, we guide you through the process and handle the negotiations on your behalf to pursue your best interests. Let us help you determine when and why it is necessary to speak to insurance representatives.

What to Do

When you sustain a car accident injury, it’s fine to allow the other driver to contact their insurance company. However, your priority is to seek medical care. It is essential that you take care of yourself first. Additionally, a doctor will be able to determine the extent of your injuries and determine a treatment plan. Your Houston car accident attorney can then build a case for damages based upon current and future medical costs.

If possible, at the time of the accident, document the accident scene by taking pictures and obtaining witness information. Also be sure to give a clear, concise statement to the police. However, you should not speak to any insurance providers at this time aside from your own. Even then, they can wait.

That’s why you should work with a car accident lawyer in order to shift the weight of this responsibility. Let our team speak with any insurance companies involved and fight to protect your future.

When Is It Okay to Talk to Insurance Companies?

It’s rare that you would need to engage with another person’s insurance company. If the other driver is at fault and unwilling to participate in the process, you may need to explain your side of the story. However, your car accident lawyer will help you manage this process and make sure you know what to say and what not to say.

Without the other driver’s cooperation, the process can become a bit more complicated. As your lawyers, however, we engage the insurance company on your behalf. If you ever feel the need to talk to another person’s insurance company or feel pressure for them, you can redirect them to your Houston car accident attorney. Once you provide our team’s information, they should no longer contact you directly.

Houston Car Accident Attorney: Tips for Speaking with Insurance Companies

It is important to remember that the liable party’s insurance company wants to lower their payout for your damages. Their team may seek out evidence that shifts liability and fault to you. Should they succeed, it lowers your chances of gaining the compensation you need for proper recovery.

When you talk to an insurance representative, avoid saying anything that may sound like you were at fault. Additionally, do not minimize your injuries. Oftentimes, car accidents result in injuries that reveal themselves after time passes, called latent injuries. That’s why it is key to continue with recommended medical treatments and keep your doctor and car accident lawyer informed.

Be sure that you do not provide any information outside of what the representative asks. Give your account of the car wreck without speculation and try to be confident in your statements. Avoid claims that you cannot prove. If they ask for any critical or sensitive information, be sure to direct them to your car accident attorney.

It’s normal for people to feel overwhelmed after any type of accident. When you enter panic mode, it’s easy to misspeak or let something slip. If you’re in a confused or concussed state, your account of the accident might even change. That’s why it is essential to have a Houston car accident attorney on your side to act as your advocate.

What if I Make a Mistake While Driving?

Talk to a Houston Car Accident Attorney Immediately if You Made a Mistake While Driving

If you made a mistake while driving it could a very serious mistake. Oftentimes, what seems like a simple traffic accident quickly becomes a complex problem. The complications mount when multiple vehicles are involved, or when the responsible party is underinsured. After a car accident, you feel upset, stressed, and drained—these reactions multiply when you realize how expensive and time-consuming these situations are. That is why you need a Houston car accident attorney who is compassionate, understanding, and experienced.

made a mistake while driving

At our personal injury law firm, we strive to make your legal process pain-free and stress-free so that you can focus on healing. Let us fight on your behalf to help you attain the best results possible for you and your loved ones.

Andrew Cobos and his team believe in treating people with the respect and dignity that they deserve. We understand how vulnerable people feel after an accident and how stressful mounting medical costs can feel. That’s why we put our strategic mindset to work for you. We use our experience to fight tirelessly and recover as much as possible for your claim. And you don’t have to pay us a dime unless and until we win for you!

Insurance companies often use the complexity of car collisions to deny liability or to underpay medical costs. Dealing with insurance companies can be a nightmare because their primary goal is to pay out as little as possible. After you make a mistake while driving, causing a car wreck in Houston, it is essential that you do not sign anything until you have consulted with a trusted car accident lawyer. Houston drivers risk losing the compensation they deserve when they don’t have an advocate on their side.

If you don’t want to deal with the headache and prefer to settle, call our team! We offer free case evaluations to personal injury victims. Your free consultation is an opportunity to share your story and see how our team can help you get more from your claim.

What if I made a mistake while driving?

As Houston car accident attorneys, we often meet drivers who know they made a mistake while on the road. Too often, they assume this means they have no right to compensation. Sometimes, they don’t even file a claim. Don’t make this mistake.

In Texas, a driver who is partially responsible for a car accident can still recover some compensation due to a “comparative fault.” This legal concept applies to situations in which an injured victim may hold some fault in the accidents. In such cases, Texas applies a “modified comparative fault” standard. This allows car accident victims to recover partial compensation even though they made a mistake while driving on the road.

Comparative fault recognizes that, while you share fault, someone else is MORE at fault. In turn, they can still be held partially liable for losses you endured. Following the 51% bar rule, a person does not have the right to seek compensation when they are at least 51% responsible for the accident. However, 49% fault or lower means you have the right to recover damages.

The degree of fault if you made a mistake while driving can lower the recovery amount, but it does not prevent a recovery completely. The degree of fault is a determination made by a jury following the presentation of evidence and arguments by the lawyers. You need an experienced advocate on your side, which is why you should call the Cobos Law Firm.

Hit by An Uninsured Driver; What Can I Do?

If you are involved in an accident with an uninsured motorist, you will need to find insurance coverage to assist with medical bills and other damages. Some insurance companies offer coverage for uninsured or underinsured motorists.

People are not always aware of what insurance coverage they have. Always check with your insurance for details on your coverage and contact an attorney for questions regarding your accident.

Do I sue the Other Driver or Their Insurance Company with a Houston Car Accident Attorney?

In the state of Texas, a lawsuit involving a car accident will be filed against the driver and not against the driver’s insurance company. Some insurance companies offer uninsured or underinsured motorist coverage which can provide extra coverage if the defendant’s insurance will not cover all of the damages from the accident.

Contact Andrew Cobos, Houston car accident attorney, today for a free case evaluation.

Why is documenting the accident scene so important?

Most car accidents cause some type of disagreement between the parties involved especially when questioning who is at fault for the accident. We recommend documenting all possible information at the scene of the accident to prevent any later confusion. This will also help to prevent the Defendant from changing their story after you have left the scene of the accident.

Photos or videos of all vehicles, physical damage, and positions of vehicles following the accident are all very helpful in a personal injury case. In addition, make sure to record the contact information of any witnesses to the accident.