Posted on behalf of Anderson Cummings on Nov 04, 2021 in Auto Accidents
Injury claims are more often resolved through a settlement agreement with the liable insurance company rather than going through the added time and expense of a jury trial. Unfortunately for some injury victims, the insurance company may be refusing to negotiate or even offer a settlement for a variety of reasons.
If you are trying, and failing, to negotiate a settlement agreement with an insurance company, you should strongly consider speaking to one of our car crash lawyers in Fort Worth to see why the insurer is not cooperating and what your legal options may be.
Not Enough Insurance Coverage
One of the primary reasons the insurance company may not be offering a viable settlement is because the policy limits are not enough to cover the costs of your damages. While most drivers do purchase insurance policies with limits that are greater than the required minimum in Texas, which is $30,000 per person, some do not.
Remember that insurance companies may only be obligated to pay out the maximum of the policy limits, so if your damages are worth $35,000 but the policy limit of the at-fault driver is only $30,000, the $5,000 difference may have to be disputed in a court proceeding and not in a settlement negotiation.
The only instances when the insurer may be legally obligated to pay out compensation above the policy limits is if their insured driver files a lawsuit for bad faith practices, but these cases are quite rare.
Insurers may also be refusing to offer a settlement because there is a lack of insurance coverage, i.e., the driver’s insurance lapsed and there is no available coverage. When this happens, you may be able to turn to your Uninsured/Underinsured Motorist Coverage in your own policy to recover your economic damages.
Another common reason for the insurance company to refuse offering a settlement is because they are denying liability on their part. Whether it is because they believe their insured driver does not bear fault in the crash or because they believe that something else resulted in your injuries. Either way, our attorneys are prepared to help you recover the compensation you need.
If there is not enough evidence to prove that another driver is responsible for the accident that resulted in your injuries, the insurance company may have good reason to deny liability. After all, the burden of proof lies with you as the injury victim to prove the negligence of another resulted in your damages.
Our attorneys have over 50 years of combined experience investigating claims and gathering the necessary evidence to build a strong case proving that another driver acted negligently. Our attorneys are prepared to gather things such as a police report, witness statements and more to prove your case.
When you have a preexisting injury or condition, it may be more difficult to prove the accident directly resulted in your injuries. Therefore, the insurance company is likely to be even more reluctant to make a settlement offer.
Fortunately, our experienced attorneys are prepared to help prove causation in your case as well. Remember that the Eggshell Skull rule still allows injury victims with prior injuries or preexisting conditions to recover full compensation.
Insurance companies have filing deadlines or other filing procedures that must be followed when pursuing compensation. If you fail to meet these deadlines or follow their outlined procedures, it may slow down the process of negotiating a settlement. Our attorneys help injury victims file claims for a living, so they understand the rules and procedures and are ready to help you through the process.
To Pressure Injury Victims into Accepting Less Compensation
Aside from having confidence that they may win a case if they allow it to go to court, insurance companies may refuse to settle a claim during the early stages of the legal process only to make an offer some time down the road. Insurers use this tactic to get injury victims to accept a settlement for less than what their claim is worth.
Let Us Help. Call Today
With decades of experience and a track record of success, our attorneys are prepared to help you negotiate a settlement with the insurance company or pursue a lawsuit if they refuse to settle.
We offer a free consultation to discuss the facts of your case to determine what legal options may be available to you. There are no fees while we work on your case. We do not get paid unless you do.
Call (877) 920-9009 to get started.