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Navigating a Claim After a Crash on Houston Freeways

Navigating a Claim After a Crash on Houston Freeways

Finding yourself in an auto accident on one of Houston’s busy freeways can be a scary and stressful situation. If the damage to your vehicle is substantial or you sustained injuries in the crash, you may lack confidence to deal with the insurance claim.

First Things First

Knowing what to do from the moment the accident occurs is essential to protect your rights.

Immediately after the accident, move the vehicles out of the road if it can be safely done. If someone sustained injuries, call the Houston Police Department or the Harris County Sheriff’s Office non-emergency numbers. If anyone sustained a serious injury or the vehicles are blocking the freeway, call 911.

At the accident scene:

  • Exchange information with the other driver, including name, phone number, address, insurance company name, and policy number. Take a picture of their insurance card and driver’s license.
  • Take pictures of all the vehicles involved in the crash, as well as any street signs, road angles and conditions, and any hazards or other conditions that may be relevant to the accident or claim.
  • Write down all the important details of the accident, such as the specific location, the time of the accident, the conditions of the weather, and how the accident happened. Include in your notes any other circumstance that may have affected any of the drivers, such as low lighting and a stoplight that was not working.
  • Talk to any witnesses and make sure to write down their names and contact information.

Even if you feel that you did not sustain any injuries, it is a good idea to call the paramedics or visit an emergency or urgent care center. Sometimes the adrenaline from the accident can mask injuries, and prompt medical care will be key in your recovery.

After the Accident

It is a good idea to contact an attorney before reporting the claim to the insurance company. An attorney with experience in auto accident claims, like Mostyn Law, can guide you throughout this process and ensure that you receive a fair and full compensation. Insurance companies and their adjusters use different tactics to try to minimize your claim or shift blame for the accident.

If you believe the accident was not your fault, you should contact the other driver’s insurance company and make a claim. You can also contact your own insurance company and explain what happened.

Review your policy and its coverages. Make sure you know your policy limits, as well as any restrictions on coverage. The more you know about your policy, the more prepared you will be when talking to the insurance adjuster.

Make a doctor’s appointment to assess and treat any injuries you may have sustained during the accident.

Essential Details to Provide to the Insurer

When contacting the insurance company, provide the following information:

  • The date, time, and specific location of the accident.
  • A detailed description of how the accident occurred, as well as any conditions or situations that are relevant to the accident, including weather and lightning conditions, hazards on the road, and broken-down traffic signals.
  • Information about the other vehicle and driver, including license plate number, driver’s license number, and insurance details.
  • Names and contact information of any witnesses.
  • The number of the police report. Provide a copy if you have one.
  • When contacting the insurance company, provide the following information:

Do not admit fault for the accident unless you speak to an attorney first.

During the Investigation of your Claim

When the insurance company is investigating and adjusting your claim, It is crucial to be responsive to the insurer’s communications. Keep detailed records of every interaction and communication with the insurance company, including the date, name of the agent or adjuster, and a description of what was discussed.

If you are getting treated for your injuries, keep detailed records of all medical appointments, the specific treatment received, and any medications prescribed to you. Also keep copies of any expenses incurred in treating your injuries.

What Happens After I File My Claim?

The insurance company will likely inspect your vehicle to determine the extent of the damage and the cost to repair it.

The adjuster will prepare an estimate of the cost to repair your vehicle. The adjuster may also try to assign you some liability for the accident, according to Texas

Under Texas comparative fault rules, when the claimant is found to be partially responsible for their own damages, their recovery is then reduced by the percentage of the injury that is attributed to the claimant. The insurance company may try to use comparative fault to significantly reduce the amount paid to your on your claim.

What if the Insurance Company Makes an Offer?

Usually, the insurance company’s first offer will be lower, sometimes significantly, than the value of your damage and injuries. If you feel that the insurance company is lowballing you, you have the right to negotiate a higher settlement. Because insurance adjusters often use dubious tactics to get claimants to accept settlement offers that are not enough to compensate them for their damages, hiring an attorney to negotiate on your behalf can ensure that you receive a fair compensation.

About The Author
CAROLINE L. MAIDA

Caroline Maida has been employed with Mostyn Law since 2009. She started as a clerk for the firm during law school and continued to clerk for the firm through graduation, before returning as an associate after her admittance to the Texas State Bar in November 2011.
Caroline has extensive experience in First Party Litigation, and she is currently leading the Mass Tort team at Mostyn Law. Prior to her employment at Mostyn Law, she interned for the Honorable Jeff Bohm, United States Bankruptcy Judge for the Southern District of Texas.
Caroline is a Beaumont, Texas native and currently resides in Houston, Texas with her husband and four children.

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