Ask a Lawyer - Archive

I was involved in an auto accident on July 12. After dragging their feet for weeks, the insurance company of the other driver has just accepted liability and wants to offer a settlement right away. How do I know if I am receiving a fair deal after being without a vehicle for almost a month? Do I need to see a lawyer?

I am an attorney in Texas, so this answer may not be exactly accurate under the laws of your state. Whether or not you receive a fair settlement depends on the amount of your damages. You did not indicate that you suffered any injuries, so I am assuming that the issue is property damage.

In Texas, you would be entitled to either the amount necessary to repair your vehicle if it's not a total loss, or the fair market value of your vehicle in your area. Determining fair market value is complicated, but internet sites such as Kelley Blue Book can be instructive. The most important thing to remember is that settlements are completely voluntary. You are not entitled to any money unless and until a judge orders the at fault party to pay.

I recommend that you retain an attorney experienced in personal injury claims to assist you. Many firms would typically charge a contingency fee based on the amount you eventually recover.

Remember that insurance company claims adjusters are experienced negotiators, many of whom have handled thousands of claims with similar facts. Their goal is to get the claim resolved for as little money as they can get away with, while you need to get an amount that, given the facts and the law, will compensate you for all of your injuries and damages. An experienced attorney can help level the playing field for you, and can also consider things that you may not have thought about in presenting your claim. If you wish, you may contact our firm through our website for any additional questions you may have. Good luck!