A scenario I often encounter as a Fort Worth personal injury attorney is that a client has been badly hurt in a car wreck, the police crash report is in their favor, but the insurance company denies their claim anyway.
After most auto accidents in the Dallas-Fort Worth area, the local police are called and when they arrive they do an investigation of what caused the motor vehicle wreck. Most of the time, as long as there is substantial damage to the vehicles involved or if someone is seriously injured, the police will complete a Texas peace officer’s crash report assigning blame to whichever motorist they believe was the cause of the wreck. Most of the time, the police officer gets it right; in other words, the crash report usually reflects who caused the wreck.
After the police report has been completed and the accident victim has been treated for their injuries, they must then contact the at-fault driver’s insurance company to initiate the claims process. Under Texas law, you can recover damages for medical bills and expenses, lost wages and physical pain and suffering. In a reasonable and fair world, liable insurance companies should accept the police report and pay for the damage. Unfortunately, this it is rarely the case that insurance adjustors will simply award the full and fair compensation allowed under Texas law. In many cases, the insurance company will reject the police officer’s assessment that it was their client whose negligence caused the traffic collision. This tactic is perplexing to our experienced Fort Worth auto accident lawyers.
Sometimes insurance companies deny the claim because either they cannot reach their insured and therefore will not accept the claim or their insured tells them a different story than that is found in the police report. As far as the first, the failure to reach the insured; we have determined that the insurance companies really make very little effort to locate their insured. They might make one call or might send one letter but they do not try very hard to locate their insured and interview them as to the cause of the wreck. This ends up causing a delay and sometimes an outright denial of the insurance claim. In the second instance, when the at-fault party tells their insurance company that they were not at fault, it poses a more difficult problem. Many insurance companies will flat out deny the claim when their insured tells them a story that is different than what is contained in the police report. In those instances, there are two options for the insured party. They can either drop the claim and forever forget about pursuing a remedy for their damages or they can hire a board certified personal injury lawyer to fight the claim for them.
At the Anderson Injury Lawyers, we typically only represent folks who have been injured and where there is a favorable police report. When faced with a situation where the insurance company has already denied the claim, even in light of the favorable police report, we will proceed straight to litigation and move forward with filing the lawsuit and pursuing justice on behalf of our client. Just because the insurance company arbitrarily denied a case or a claim, it does not mean that the claim does not have any merit. To the contrary, the insurance company’s position is sometimes arbitrary as it is always made with their best financial interest in mind. If they deny a claim and the claim goes away, they have succeeded in saving money which is a good thing for them but a bad thing to the injured party.
If you have any questions regarding insurance denial of your motor vehicle wreck claim, please contact the Anderson law firm for a free consultation. We will evaluate your claim and let you know what your options are. If you have not obtained the police report, we will obtain it for you for free. It cost no money to hire us and we only receive compensation if we are ultimately successful in winning the claim on our client’s behalf.