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Should You File a Claim with Your Own Insurance Company after a Car Accident Caused By Someone Else?

by | Apr 28, 2021 | Car Accidents, Insurance Claims, Personal Injury Law

A smashed headlight

The aftermath of a car accident can be a confusing time. Between medical expenses, vehicle repairs, and your own emotional trauma, figuring out whose insurance is going to cover your losses may be the last thing on your mind. If your accident was caused by someone else, there is a good chance that their insurance is going to pay for your damages, but your lawyer may also want to file a claim with your insurance company. In fact, in some cases, you may need to obtain your insurance company’s consent to settle the case at all.

Read on to learn more. To schedule a free consultation with a Houston car accident attorney, call our office today.

Your Insurance Company May Pay Out Faster

One of the main reasons that your attorney may file a claim with your insurance company is to get you money more quickly. The aftermath of a car accident can be expensive, and the last thing you want to do is start going into debt or have your accident-related bills go to collections because of an inability to pay. When you file a claim with your own insurance company, you will likely get your money faster than if you waited for your case to settle.

What about the Other Insurance Policy?

If your insurance covers some or all of your accident-related losses, then what is the point of pursuing a claim against the other driver’s insurance? One highly important matter is that, if you have underinsured motorist coverage, you need to obtain consent from your insurance company to settle a claim with a third-party insurer. This is an important step that too many injured accident victims miss, which can result in unnecessary delays. 

Under Texas law, the at-fault party is required to pay for victims’ accident-related losses, even if your insurance pays first. Once the case is settled or otherwise resolved, your insurance company will seek reimbursement for anything it paid out through a process called subrogation. Importantly, you can even recover your deductible through subrogation. 

Do You Need a Lawyer to File a Claim?

You may wonder why you need to work with a lawyer at all, especially if all you need to do is file a claim with your own insurance company. It’s important to understand that all insurance companies – even your own – are doing everything they can to pay out as little as they can on every claim they receive. An attorney familiar with the car insurance claims process can ensure that you get as much compensation as possible from your or the other driver’s insurance company. Some of the specific ways a lawyer can help include:

  • Identify all potentially liable parties
  • Draft and submit a demand letter with supporting documentation regarding your losses
  • Attempt to negotiate a favorable settlement agreement
  • File a lawsuit, if necessary

Call Us Today to Speak with a Houston Car Accident Lawyer

If you have been injured in a motor vehicle accident, it’s in your best interest to contact a Houston car accident attorney as soon as you can. A lawyer familiar with the insurance claims process will be able to protect your rights and make sure you get the compensation you deserve. To schedule a free case evaluation, call Rose Sanders Law, PLLC, today at 713-231-9288 or send us an email through our online contact form.



A smashed headlight