Texas Auto Accident-10 Common Questions Pt 2

August 25, 2012 by

6. Who will pay for a rental car while my car is being repaired?

Generally, once the insurance adjuster for the other driver has investigated the accident and determined that the other driver is at fault, the insurance company for the other driver will pay for a rental car while your car is being repaired.

7. Can I get money for my pain and suffering?

Upon convincing proof to the insurance company of your pain and suffering, most insurance companies will agree to pay for pain and suffering damages. Proof of pain and suffering is one of the most challenging aspects of an automobile accident claim, and often requires witness statements and doctors’ reports to support the claim. 

 8. The accident was a short time ago, but the insurance company is offering me money now. Should I take it?

Be very careful. Insurance companies make a profit by keeping money and investing it, not by paying it to injured victims. An early offer may not fully compensate you for your injuries, especially if you do not know yet the full extent of the injuries. Remember that once you accept the offer of the insurance company, they will pay you no further money. This will be true even if you later discover that your injury is worse than you thought.

9. If I hire a lawyer, what will the lawyer do for me?

Your lawyer should help you to find a doctor who is trained in treating patients with injuries; help you to have your car repaired; interview and obtain statements from all witnesses to the accident; research the law that applies to your case; preserve the evidence of your damages in a way that will be admissible in court if it is necessary to go to trial; advise you as to the value of your claim through research as to settlements and verdicts of other cases similar to your own; prepare a detailed and convincing settlement brochure to present to the insurance company to obtain a fair settlement of your claim; and, take your case to trial if necessary in order to obtain fair compensation for you.

10. I would like to talk to a lawyer, but I cannot afford one. What can I do?

Practically all attorneys who specialize in representing injured victims in Auto & Trucking cases will represent you on a contingency fee basis.  This means the lawyer will take a percentage of what they collect for you with no money up front.  Most experienced lawyers will also front litigation expenses.  In short, you should not have to pay to talk to a lawyer.  However, it is key to talk with a lawyer that is an experienced personal injury trial attorney.  The best indicator of experience is whether or not they are “Board Certified” in personal injury trial law by the State Bar.  To become Board Certified in Personal Injury Trial Law, an attorney must have:

  • Been licensed to practice law for at least five years
  • Devoted a required percentage of practice to personal injury trial law for at least three years
  • Handled a wide variety of personal injury trial law matters to demonstrate experience and involvement
  • Attended personal injury trial law continuing education seminars regularly to keep legal training up to date
  • Been evaluated by fellow lawyers and judges
  • Passed a day-long written examination

The consumer can identify a Personal Injury Trial Law Board Certified attorney in one of many ways. A Personal Injury Trial Law Board Certified attorney is entitled to indicate certification on business cards and letterhead by stating "Board Certified – Personal Injury Trial Law – Texas Board of Legal Specialization." Special Competence awarded by the Texas Board of Legal Specialization, and lists the certification in legal directories and telephone listings under "Attorneys – Board Certified."  The Texas Board of Legal Specialization was created by, and operates under the authority of, the Supreme Court of Texas. Its members are appointed by the president of the State Bar of Texas.

Our ebook, “Car & Trucking Crashes, 10 Secrets Victims Should Know to Protect Their Rights” is designed to give you guidance in pursuing your legal rights if you have been in a car or truck accident.  Whether you choose to hire Marc Whitehead & Associates or not, we hope that this ebook prevents you from becoming a victim twice!  Call us at 713-228-8888 or visit us on the web at www.personal-injurylawyer.com.