If you are the victim of a car accident in Texas, the company that insured the driver who is responsible for the accident may use several different tactics to try to get out of accepting liability or fault for the crash.
If you are involved in a car accident in Texas, it’s important to work with an experienced Pasadena car accident lawyer who understands the law and is prepared to argue against these tactics in their pursuit of justice for you.
How Insurance Companies Defend Their Clients
Auto insurance companies have a primary goal when one of their insured drivers is at fault for a crash: minimize or eliminate costs. They typically use these arguments to try to get out of having to pay any damages or costs related to the accident—or to reduce those costs.
Arguments Insurance Companies Use in Texas Car Accidents
Here are some of the tactics and arguments the other person’s insurance company may use to try to get out of accepting blame for a crash:
- Shared liability. Under Texas law, “comparative negligence” means shared blame for an incident like a car accident. If you are determined to be 50% or more at fault for an accident, you cannot try to recover damages related to that accident. An insurance company may try to move some of the blame onto you.
- Out of time. Texas generally allows two years after an accident to file a lawsuit related to that accident. This is called the “statute of limitations.” Sometimes, for example, if someone had extensive injuries that require long-term care, they could let too much time elapse before working with a lawyer to file a lawsuit to recover costs from the accident and subsequent treatment. This is another reason why it’s important to contact a car accident attorney as soon as possible after an accident.
- Unavoidable collision. Sometimes, insurance companies will try to argue that the accident was unavoidable so that their driver isn’t held responsible. In any personal injury case, the person being sued is presumed innocent unless and until they can be proven guilty. The defendant’s insurance company may try to argue that “no one” is at fault by arguing that their driver was involved but did not “cause” the accident and that there was an outside cause. Most accidents are avoidable, and an experienced lawyer can help create a case to show how the defendant was at fault.
- Preexisting conditions. If you seek treatment for injuries incurred as the result of a car accident but have other medical conditions that existed before the crash, the insurance company might try to dissect your medical claims and suggest that some or all of your treatment expenses are related to a preexisting condition. Your lawyer can help make it clear that your injuries and treatments after the accident were necessary and were a result of the crash.
- Act of God. Natural disasters such as tornadoes, earthquakes, hurricanes, storms, and lightning are sometimes used in an attempt to prove the defendant is not at fault for an accident. Acts of God can be a factor, but reasonable judgment must be implemented. A driver should be in charge of and able to control their car in a storm, or they could stay off the road or exit the roadway if conditions suddenly become hazardous. An experienced lawyer can help dismantle these claims.
- Limited insurance policy. Some insurance companies sell policies that are very limited to people. In the case of a car accident, they may say a crash isn’t covered under their policy. If this is proven to be accurate, your lawyer will work with your uninsured motorist coverage on your policy to recover damages.
- Emergency. In some cases, an insurance company may argue there was a “sudden emergency” event that made the accident unavoidable and indicate that any reasonable person would have done the same as their defendant in that situation. An experienced car crash lawyer will investigate this heavily, which can include obtaining cellphone records, witness statements, police reports, weather reports, and even car crash reconstruction to determine if there was a sudden emergency.
How to Ensure a Strong Car Accident Case in Pasadena, Texas
Lawyers who regularly handle Texas car accident cases know the ins and outs of all these arguments and more that an insurance company may try to argue, according to our Texas personal injury attorney team. They know that the insurance company’s goal is to get their driver off the hook for at least part of the blame for the accident, and are prepared with sound arguments and facts that will dispel these arguments.
