The accident I was in was deemed to be the other drivers’ fault. Does his insurance company have to make me a fair offer in compensation?

While it is true that in most cases (aside from those with proportionate liability that comes into play) that the person at fault for the accident is liable for the other person’s damages, his or her insurance company does not have any legal obligation to either treat the accident victim in good faith or fairly.

In most cases, unless someone is claiming against their own auto insurance, they are not likely to be treated in a fair or equitable manner. Insurance companies exist for one reason, to make money, and either avoid paying out on as many claims as possible, or dismiss, diminish or deny them. Even though the adjuster may seem friendly, this does not mean they are looking out for one’s best interests. Their job is to save the insurance company money — period.

In order to obtain a fair settlement or damages from a court, you need to have an attorney handle your case. Insurance companies do not like dealing with lawyers and consequently, an attorney usually has far greater success in obtaining fair compensation.

Be aware that if your accident was in Texas, your must file a lawsuit for compensation within the two-year statute relating to personal injury claims (and sometimes even shorter deadlines may apply to your claim). The limitation period starts the day of your accident. Even if you do file a lawsuit against the at-fault driver, his or her insurance carrier will retain an attorney for that driver. If the case does go to trial, it is not admissible to state to the jury that the at-fault driver has insurance. The jury is also not told about any settlement negotiations. You need an experienced personal injury attorney to represent your rights.

Additional Car Accident Information and FAQs:

• Auto Accidents & Text Messaging
• Auto Accidents FAQs
  • A big rig hit me, and police are citing the trucker and saying it was his fault. What are my rights?
  • After my car accident, the other driver’s insurance company refused to pay my doctor’s bills. Why did they do that? The other driver was cited as being at-fault for the accident.
  • Am I required to notify my insurance company of the fact that I was involved in an accident?
  • Am I supposed to call the police if I have been involved in a car accident?
  • Am I supposed to talk to the police when they arrive on the scene of an accident, or do I have to call an attorney first?
  • An insurance adjuster for the other driver called me and wants a recorded statement? Should I go ahead and provide them with one?
  • An insurance agent for the at-fault driver called me the other day and wanted to ask a bunch of questions. Is it okay to talk to the agent?
  • Are there any other distractions while driving that I should be aware of and avoid?
  • Can I file a claim for compensation, after a car crash where investigation showed my vehicle was defective?
  • Do I have a case if I was involved in a car accident and was a passenger?
  • Do I have to go to court and talk about my accident? I really don’t want to do that.
  • Do I have to go to court if I choose to file a personal injury lawsuit after my car accident?
  • Do I need to call the other driver’s insurance company and inform them of the accident?
  • Do I need to hire a lawyer after a car wreck? And if so, when?
  • Do I need to hire an attorney right after the accident, or can I wait until later and I have spoken to the insurance company?
  • Do I really need to hire a lawyer? Can’t I just handle the insurance company issues on my own?
  • Doctors at the hospital where I was taken after my accident said I needed treatment for my injuries. I not have health insurance or insurance of any kind. What do I do?
  • Does Texas have a high rate of car accidents?
  • How can I figure out the value of damages after my car accident?
  • How do I even know if I have a successful accident claim?
  • How do I know if I can file a lawsuit against the other driver involved in my accident?
  • How do I know if I have a claim after an accident?
  • How do I obtain compensation for the injuries I suffered in a car accident? Do I have to go to court?
  • How much money can I expect in a settlement offer?
  • I cannot pay the medical bills as a result of the accident I was in. What am I supposed to do?
  • I felt fine after my car accident and refused medical treatment. Several days later I began experiencing pain in my neck and back. What do I do now?
  • I got T-boned in an intersection last week, and landed in the hospital. Do I need a car accident lawyer?
  • I have been involved in a collision. Is there anything I can do to protect or preserve the evidence?
  • I immediately notified my insurance company about an accident that I was involved in. What else am I supposed to do?
  • I need to see a doctor after being involved in an accident. What am I supposed to tell them and what do I need to be aware of?
  • I really need to get on with my life after my accident. How long does it take for accident claim to be settled or go to court?
  • I rear-ended another car, but my SUV was pushed into the one in front of me by another vehicle. Am I considered to be the at-fault driver in this case?
  • I think I was partly to blame for my car accident. How does that affect my case?
  • I was a passenger in a car involved in a crash and was injured. Do I have a legal claim?
  • I was hit by another driver ramming into my vehicle after hitting a pothole. Who is responsible for an accident like that?
  • I was hurt in a car accident, and my neighbor said I had to talk to a lawyer about the other driver’s negligence. What does that mean?
  • I was in a bad car accident and the doctor says it’s going to take a long time to heal and I may need surgery. What would my accident claim be worth?
  • I was in a bad car accident in Texas about a year and a half ago. Can I still file a lawsuit?
  • I was in a car accident and do not know what to do about my vehicle insurance. Do I call my insurance company and the other driver’s insurance company?
  • I was in a car accident and got really lucky. There was hardly any damage to the vehicle. However, I did sustain injuries. Does lack of vehicle damage affect any claim I may have?
  • I was in a car accident and was not really hurt, but my wife says I should see a doctor anyhow? Do I need to?
  • I was in a car accident recently. Can I file a claim for compensation?
  • I was in a multi-car accident. Do I have to call all the insurance companies?
  • I was in an accident and the other driver left the scene. What do I do?
  • I was in an accident that broke my pelvis in several places and need more than one operation to be able to walk again. My husband was the driver and he was at fault for the accident. Can I sue him?
  • I was injured in a car accident about a week ago. The other driver’s insurance adjuster called me and asked for my medical records. Should I provide them?
  • I was involved in a bad accident that sent several people to the hospital. The crash was my fault. Am I entitled to any compensation?
  • I was involved in a bad accident when another vehicle rear-ended me. I’ve been getting phone calls from the other party’s insurance adjuster. What do I tell them?
  • I was involved in a car accident and broke my leg and several ribs and need surgery. Do I need an attorney to help me get compensation for my medical bills?
  • I was involved in a car accident in Texas and it was partially my fault. Can I still seek compensation?
  • I was involved in a car accident last week, but it was not my fault. I was injured and went to hospital. What do I do now?
  • I was involved in a car accident. The other driver had no insurance. What do I do now?
  • I was involved in a collision with another car. Do I need a personal injury attorney to deal with this accident?
  • I was involved in a fairly serious car accident. What compensation may I receive from the at-fault driver?
  • I was involved in a hit and run accident. What do I do?
  • I was involved in a recent car accident. How long does it take to file a claim?
  • I was rear-ended and the other driver said it was my fault. How is that possible since he ran into me?
  • I was recently involved in a car accident. How long do I have before I can pursue my legal options?
  • I was recently involved in a collision with another car. I was not wearing a seat belt. Am I still able to recover damages?
  • I was T-boned by a drunk driver. Can I file a lawsuit?
  • I was the victim of a driver who fled the scene of the accident. The police have no idea who the individual was. May I claim compensation?
  • If I decide to file a lawsuit against the other driver in the car accident I was involved in, how long does it take to get it settled?
  • Is there a statute of limitations on when I can file a car accident claim?
  • It looks like the damages from my car accident are greater than the insurance coverage of the at-fault driver. What do I do in a situation like that? Can I still collect damages?
  • My daughter was in a car accident and the police told her she was responsible for the accident. The insurance company said she was not. What factors deem someone responsible for a car accident?
  • My insurance company is offering me a settlement as the result of an accident I was involved in. Should I take it?
  • My lawyer said he filed my lawsuit with the court, but he called it a petition. I’m suing someone for damages for a car accident, why is that called a petition?
  • Our family was in a bad accident with a tractor-trailer unit. The cause of the accident is not clear. What do we do?
  • The accident I was in was pretty mild and I didn’t really get hurt. However, months later I started having some serious issues with my back. It turned out I had a damaged disc due to the impact. How can I file a lawsuit?
  • The accident I was involved in was partially my fault. Am I still able to file a claim?
  • The day after my accident, the other driver changed their story about what happened. What do I do now?
  • The insurance company offered me a settlement after my car accident. Can I accept it?
  • The offer the insurance company is presenting to me seems reasonable. Do I need to speak to an attorney?
  • The other driver involved in my accident said his insurance company would probably call me. Am I supposed to talk to them?
  • The other driver was at-fault for the accident. What happens now?
  • The other driver’s insurance company has been calling me several times a week wanting to talk about the crash. What do I tell them?
  • The other driver’s insurance agent called me. What do I tell him?
  • The person who hit me left the scene of the accident. Now what?
  • The police say I was partially at fault for my accident. What does that mean for financial recovery for my injuries?
  • There were witnesses to my accident. Can I talk to them?
  • What are the main causes of car crashes?
  • What do I do after a car accident?
  • What is the seat belt law in Texas for adults and children?
  • What proof can I provide after being involved in a car accident?
  • What types of damages would I be able to recover in a car accident?
  • What would my accident lawsuit be worth?
  • When am I supposed to report my car accident to the insurance company? Or if it’s a minor accident do I need to report it?
  • When my attorney was talking about proving negligence in my car accident, she mentioned the other driver breached his duty of care to drive safely. What does breach mean legally?
  • Why do I need a car accident attorney?
• How Do I Make An Uninsured/Underinsured Motorist Claim?
• Personal Injury Protection and Uninsured/Underinsured Motorist Coverage
• Resolving Your Property Damage Claim
• Texting While Driving
  • Are school bus drivers allowed to talk or text on their cellphone while driving?
  • I have seen truckers using cellphones while driving. They are only taking their eyes off the road for a fraction of a second. What is the harm in that?
  • I see lots of people on the road texting while driving. Is it really that dangerous?
  • If I can not text while driving, what about using hands-free technology?
  • My employer says it is dangerous to use a cellphone while driving, but wants me to be more productive. I can only do that if I can make and take calls while I am on the road. Does it really make any difference if I make calls and text while driving?
  • Why is using my cellphone while I am driving more dangerous that talking to my passengers?
• The accident I was in was deemed to be the other drivers’ fault. Does his insurance company have to make me a fair offer in compensation?
• The driver who hit me may not have insurance or not have enough insurance. What do I do?
• What do I need to do if I am ever involved in a car accident? Can I leave the scene?
• Who Needs PIP and UM/UIM Coverage?