fbpx

Issues When Settling a McKinney Car Accident Claim

Several issues can delay a car accident settlement. For instance, insurance companies rarely volunteer a payment easily and instead seek out methods to delay, reduce, or avoid compensating injured drivers and passengers. A skilled lawyer could help you avoid the issues when settling a McKinney car accident claim. Call today and set up a consultation with a dedicated car accident lawyer.

Incomplete Documentation of Damages

One of the common issues when settling a McKinney car accident claim is an insurance company claiming that there has been incomplete documentation of damages after a collision. A common example is the documentation of medical treatment. An insurance company may claim that a plaintiff’s medical records are incomplete and they cannot settle the claim before investigating the gaps in treatment. Insurance companies may delay settlement even when the injured person’s policy is not large enough to cover their needed medical care.

Another way that insurance companies delay the settlement process is by claiming that not enough evidence exists of the injured person’s lost earning capacity, even when their ability to earn has clearly been impaired or destroyed.

In the more catastrophic cases, insurance companies may require expert witnesses to support some elements of damages. In many of those situations, it is beneficial to obtain a report from an expert witness quickly, so that the insurance company will not be able to delay settlement.

Obtaining and Preserving Evidence

Often, lawyers will spend their time making sure that they have all supporting evidence before they file a claim. If a plaintiff files claim that is incomplete, the insurance industry may put an inadequate reserve on that file which can delay a timely and full settlement. It is difficult to force an insurance company to reevaluate the reserve after the claim has been updated or completed, even if the final claim shows higher levels of impairment or economic damages. Therefore, it is essential to take time to make the initial claim as complete as possible to increase the chances of a fair settlement.

Medical Records

The next thing the person can do is to provide their attorney with their medical information, witness information, and any other information as soon as possible to increase efficiency and significantly speed up the process. The attorney-claimant relationship in a personal injury matter is like a partnership.

Individuals who do not do what the doctor tells them to risk harming their claim. If the injured person goes to multiple different doctors, they need to make sure that they get a consistent medical history. Medical records are often poorly kept, so it is imperative that the individual knows that if they see a doctor for any reason, even reasons unrelated to their car wreck, they should let the doctor be aware of their injuries from the accident so that they will have consistent medical records. Inconsistent medical records hurt the claimant’s claim and help the insurance company keep potential funds that the individual would otherwise be entitled to.

Call an Experienced McKinney Attorney

The first thing an injured person can do to ensure that they receive their settlement promptly is to contact a car accident attorney as soon as possible after a wreck. The injured person should make sure they hire the right lawyer who focuses on these kinds of claims and could help one avoid issues when settling a McKinney car accident claim.

The injured person should look for attorneys who have a staff that is capable of handling the claims and putting together demand packets in a timely, efficient manner. A lack of attention on these claims is a critical mistake that will delay the resolution of these claims and can harm the ultimate value of these claims.

Free Consultation