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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:

Holding Wrongdoers Accountable

Learn more about car insurance in Texas and what you can do to avoid common accident claim mistakes with these free resources.


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