The Barber Law Firm

An automobile insurance claim can be “filed” by simply calling the insurance company and giving them details about the accident. However, insurance companies will almost always record these phone calls. They will document your answers and attempt to use the information against you later, if possible. You should be aware that most adjusters are trained and incentivized to finalize your car accident claim as quickly and cheaply as possible.

Most insurance companies will not agree to pay for medical bills upfront. And if they do, they will normally attempt to limit the amount of medical treatment allowed. To make matters worse, many doctors are unwilling to treat patients that have been involved in car accidents, even if the patient has health insurance! This leaves many people in a tricky situation.

The best personal injury attorneys have a network of doctors that will agree to see their clients without the need for health insurance or other payments up front. Most cases are accepted on what is known as a letter of protection from the attorney’s office. This letter sets up a binding, legal payment agreement whereby the doctor agrees to treat the patient, in exchange for a promise that the bill will be paid later from the settlement with the insurance company.

Determining how much your insurance claim is worth after an accident or injury depends on many factors such as the extent of your medical bills, whether you have lost wages, whether you will incur future medical expenses, as well as non-economic damages such as pain and suffering, emotional distress, disability, and disfigurement.

If you miss work as the result of an injury, that loss can become part of your insurance claim. In addition, if you later have a diminished or impaired earning capacity due to your injuries, that claim can potentially be made as well. However, lost wage claims can be very complex. Specific legal documentation from your doctors, as well as your employer, is typically required to successfully recover lost wages from insurance companies.

Even though an insurance adjuster may attempt to make contact, you have no legal obligation to speak with the insurance company for the responsible party–no matter how much pressure they apply. Insurance companies spend millions of dollars advertising each year that they are “On Your Side,” “Like a Good Neighbor,” and “You’re in Good Hands.” The reason is simple — they want you to voluntarily discuss your claim with them rather than consult with an attorney and thereby learn what you are entitled to. The adjusters are trained to elicit as much information from you as possible for purposes that you may not fully comprehend at first.

Studies consistently show that insurance settlements for people represented by an attorney are MUCH higher than those who negotiate insurance claims on their own. At a minimum, it is wise to consult with a personal injury attorney to discuss the merits of your claim before deciding whether to speak with the insurance adjuster.

Since all cases are different, there is no set answer. Some personal injury claims will settle within a matter of months after treatment is finished. But more complex cases can take longer. If injuries are severe or the treatment complex, the case may take over a year to finalize. In all of our cases, we strive to solve our clients’ matters efficiently, but never at the cost of accepting less than full value for the claims.

One of the many benefits of working with The Barber Law Firm is that, over the past 20 years, we have built a robust network of professional relationships with a variety of medical providers in Texas. As explained in the “How will I pay my medical bills?” question above, the medical providers for our clients will typically agree to have their medical bills paid later from the proceeds of the insurance settlement through a letter of protection. Treatment now, payment later – however, medical providers will normally only agree to this arrangement if they have written assurances from a good accident lawyer that future payment for their bills will come from the settlement proceeds.