If a drunk driver has injured you, you might assume the process of getting compensation would be straightforward. However, insurance companies often handle claims involving drunk drivers differently, and this can complicate your recovery.
It’s important that your lawyer understands how insurance companies operate in these situations. Having an experienced lawyer protects you from unfair tactics.
Insurance companies are businesses focused on minimizing payouts, and this holds true even in cases where their policyholder was clearly at fault, such as a drunk driving accident. Here’s how insurers might approach these types of claims:
- Trying to Settle Quickly for Less: Insurance companies know that accident victims are often dealing with medical bills, lost wages, and emotional stress. They might offer you a quick settlement that seems like a good amount but is far less than you deserve. This tactic is designed to close the claim before the full extent of your injuries or financial losses is known.
- Disputing the Extent of Injuries: Even when the other driver’s fault is clear, insurance companies may argue that your injuries aren’t as serious as you claim. They might use medical records, previous health conditions, or other information to try to reduce your compensation.
- Delaying the Claims Process: Sometimes insurers may intentionally delay the processing of your claim, hoping you'll accept a lower offer just to get things moving. Delays can also wear down victims who are already overwhelmed with medical costs and recovery, making them more likely to accept a lower settlement.
- Bad-Faith Insurance Practices: In some cases, insurance companies may engage in bad-faith practices, such as denying valid claims without proper investigation or refusing to negotiate a fair settlement. Although these tactics are illegal, they still happen.
Victims are often unaware of these practices and how to counter them. Having a lawyer on your side to handle insurance company negotiations can make a significant difference.
Dealing With Uninsured or Underinsured Drivers
Unfortunately, not every drunk driver has sufficient insurance coverage. The law requires drivers to carry liability insurance in Texas, but some drivers are uninsured or underinsured. If you are hit by a drunk driver with little or no insurance, your own uninsured/underinsured motorist coverage can help cover the gap. However, even your own insurer may try to minimize your claim, so having legal representation is still important to ensure you receive fair compensation.
Comparative Negligence in Texas
In some cases, the insurance company might argue that you share some of the blame for the accident. This is known as comparative negligence. In Texas, if you are found to be partially at fault, your compensation may be reduced. Our attorneys will fight back against any claims that you are to blame. We understand how insurance companies work and will protect your right to full compensation.
