The best case scenario after being the victim of a car crash in Austin is that you meet with the at-fault party, negotiate a settlement, and come to an agreement.
Unfortunately, this is rarely the case. Several complications can spring up during the fight for compensation and make the process last longer than necessary.
There are qualified car accident lawyers in Austin who will stand by your side no matter what obstacle stands in your way. They’ll hold your hand through the process, representing you while keeping you in the loop. A good lawyer can secure fair compensation and offer peace of mind.
Select a law firm that has good Google reviews, like Lorenz & Lorenz, PLLC, which has over 1000 five-star reviews. These reviews are a testament to their great service.
Table of Contents
Elements that Can Complicate a Car Accident Claim
If any of the following elements apply to your case, there’s a high possibility your road to compensation will be rockier than usual:
1. Lack of Insurance or Inadequate Coverage
If the party who caused the accident is uninsured or underinsured, it can raise complications. You won’t be able to fully recover your losses. The driver should pay compensation from their pocket. If they don’t have the money, you will not get compensation.
If you were at fault for the accident, driving uninsured means you’re personally liable for all damages caused to the other driver and their vehicle.Without insurance, you’ll be responsible for covering these costs directly, which can be crippling depending on the severity of the accident.
2. Loopholes in Witness Statements and Availability
Witness discrepancies or unavailability can certainly complicate your Austin car accident claim. Incomplete or conflicting statements can raise doubts about your fault and weaken your case. Unavailable witnesses leave crucial gaps in the narrative, making it harder to establish key details.
However, the level of impact depends on other factors. Strong supporting evidence like accident reports, traffic camera footage, or physical damage can counter inconsistencies. Also, a skilled lawyer can strategize around missing witnesses and highlight the remaining reliable testimonies.
3. Pre-Existing Conditions
If you have a preexisting condition, the insurance company might argue it contributed to your injuries, reducing your compensation amount. They may require extensive medical records and expert opinions to assess the pre-existing condition’s role in your current pain and suffering.
Now, proving the accident solely caused your injuries becomes more challenging. The insurance company might try to shift blame, claiming the pre-existing condition was the primary cause, regardless of the accident.
4. Shared Responsibility or Comparative Negligence
Texas follows a comparative negligence rule, meaning fault is apportioned between the parties involved.
If you share some blame for the accident, your compensation will be reduced proportionally to your degree of fault. This can significantly impact your payout, especially if the other party assigns you a high percentage of fault.
5. Uncooperating Insurance Companies
Insurance companies are known for employing various delay tactics, hoping you’ll get frustrated and accept a lowball offer. They might request excessive paperwork, drag out investigations, or schedule unnecessary appointments, all to extend the claim process.
In a bid to save money, they might scrutinize your claim for any reason to deny it, from questioning fault lines to citing technicalities in your policy. They may misinterpret witness statements, downplay the severity of your injuries, or undervalue your property damage.
Even if they accept your claim, their initial offer might be significantly lower than what you deserve. They might use complicated calculations or omit certain damages to minimize their payout.
In the end, they might pressure you to settle quickly for a low amount, playing on your financial strain or emotional exhaustion.
Wrapping Up
Every victim hopes to get a quick settlement and to wrap up the process as soon as possible. But only a few people have it the easy way.
If you’ve been involved in an Austin car accident, consulting with an experienced personal injury lawyer is highly recommended. They can assess your specific situation, advise you on your legal options, and help you navigate the claims process effectively.
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