Car Accident Comparative Failure: Is A Lawyer Needed?

Even in a perfect world, because accidents happen. Even if they don’t result in loss of life or injury, there are still other consequences. There’s still the matter of fixing the car, for example, and the time you have to fix it, all of which can affect your income.

Knowledge is power, so let me give you some advice on how to drive better when you are involved in a car accident. After the incident, compensation is always a major concern for the parties involved. Whether it is repair costs, hospital bills or any other form of compensation, that is always a problem in every situation. Insurance companies are generally willing to cover these costs, but to find the proper amount to which the insured is entitled, fault must be established.

When assigning blame, the question is about the degree of responsibility. The payment of the insurance depends on the fault of each of the two (or more) parties involved. Insurance companies will send out claims adjusters, who will study the situation and, based on their findings, place blame on the parties, with a percentage value known as “comparative fault.” Some states calculate insurance coverage by “pure comparative fault.” With pure comparative fault, your degree of liability is deducted from your claim. If you are found to be 20 percent responsible for the accident, twenty percent of your claim is also deducted.

Here in San Antonio, we have “proportionate comparative fault,” which means you get your full insurance claim as long as you are not responsible for a certain percentage of the accident. The state of Texas sets the standard at 51 percent: You get the full amount from your insurance company, as long as you’re found to be 51 percent or less responsible. Otherwise, your insurance company will not consider you entitled to compensation.

So, to make sure you get the most out of your insurance claim, you should think about hiring San Antonio car accident attorneys. A knowledgeable car accident attorney can help you assess the situation and can speak on your behalf with the insurance claims adjuster. San Antonio car accident lawyers are knowledgeable about local laws and insurance policies, and can not only help you in negotiations with a claims adjuster, but also provide advice in court if it comes to that.

How else can a car accident lawyer help you? In addition to being your representative in court and in negotiations with the insurance company, San Antonio car accident lawyers can also use their experience to help you in your efforts. A San Antonio car accident attorney can gather favorable evidence such as police reports or medical evidence, interview potential witnesses whose testimony may help you in a court of law. They can assess your legal situation, write letters, and can look out for your interests if there is a dispute.

Do you need a lawyer after every accident? A lawyer is really only required in certain situations. If, for example, there has been a death or injury, then it will be important to have a lawyer. If there is any type of issue related to a dispute, or if you feel you are being treated unfairly by your insurance company, you will probably need professional advice. Having San Antonio auto accident attorneys with you is to your advantage, and they can certainly ease the burden as you go through a difficult period after an accident.

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