Handling the Insurance Company

After a catastrophic injury, the at-fault party's insurance company will likely contact you within days, sometimes hours. Their adjuster's job is to close your claim for as little as possible, not to make sure you're fairly compensated.

Common tactics to watch for:

• Asking for a recorded statement early, then using your own words to dispute your injuries later
• Offering a fast, low settlement before you know the full extent of your injuries and long-term care needs
• Requesting a broad medical records release that lets them dig through your unrelated medical history
• Pointing to Texas's shared-fault rules to argue you caused part of the incident yourself

Under Texas's modified comparative negligence rule, your compensation is reduced by your percentage of fault, and you can be barred from recovering anything if you're found 51% or more at fault (Tex. Civ. Prac. & Rem. Code § 33.001). Insurance companies are aware of this rule and may use it to try to minimize what they pay.

You're not required to give a recorded statement to the insurance company, and you don't have to accept the first offer. Don't wait. Schedule your free case evaluation with Ryan Orsatti Law today.