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After a car accident in Texas, there are two different parts of a claim that people need to understand: the property damage portion and the bodily injury portion. These are separate claims with different rules and challenges. Many people unknowingly settle one claim in a way that hurts the other or accepts far less than they are legally entitled to. If you have been in an accident and are in need of assistance, contact our Dallas, TX Uber accident lawyer today.
As personal injury lawyers we see this happen every day. Property damage is usually the most immediate concern after a crash because people need their vehicles to get to work, take care of their families, and live their normal lives. Property damage claims include compensation for the repairs to your vehicle, for the fair market value if your car is declared a total loss. This part of the claim is not limited to just the cost of fixing your car. Texas law also allows for diminished value, which is the difference in value between your car before and after the car accident, even if the repairs are done correctly. Many insurance companies do not offer diminished value unless you request it and provide support for the claim. Loss of use is another part of the property damage claim. If you could not use your car because it was in the repair shop, you can recover compensation for a rental car or the reasonable value of not having access to your vehicle, even if you didn’t actually rent one. A lawyer can help document these losses and negotiate with the insurance company to prevent low valuations, repair disputes, or delays.
Bodily injury claim involves compensation for your physical injuries. These include medical bills, hospital visits, therapy, chiropractic care, diagnostic tests, and any other treatment you received for accident-related injuries. You can also pursue lost wages and loss of earning capacity if you lost work or if your injuries affect your ability to work in the future. Pain and suffering, emotional distress and loss of enjoyment of life are also part of a bodily injury claim in Texas. For more serious injuries, future medical care is an important category of damages and should be included when calculating a settlement.
Another issue that most people do not know about is health insurance subrogation. If your health insurance, Medicare, or Medicaid paid for your medical treatment they may have the right to be reimbursed from your settlement. A lawyer can often negotiate these amounts or reduce them so that more of the settlement goes to the injured party. Accident claims are not as simple as dealing with one insurance company and waiting for a check. There are multiple categories of damages, coverage questions and legal rights that apply. An attorney helps prove your losses, negotiates with the insurance company, protects your financial interests and makes sure that you receive the compensation entitled to under Texas law. Contact Kelso Law today to schedule a consultation.
