If you’ve been in an accident that left you with injuries or a damaged car, you’re entitled to seek compensation from the other person’s insurance provider.
But here’s the thing: While accident victims technically can settle a claim without a lawyer, navigating the process without one is challenging and can result in a lower payout.
In contrast, hiring an attorney increases your chances of fair compensation.
And if you’re worried about legal fees, you pay a personal injury attorney only after they win your case. If they lose, it costs you nothing!
In fact, you could schedule a free consultation with one of our experienced personal injury lawyers right now.
While we highly recommend hiring a lawyer, we’ll walk you through the process step-by-step so you’ll know what to expect if you choose to go at it alone.
Why You Should Carefully Reconsider Settling an Accident Claim without a Lawyer
Before you take the long road to settling a claim on your own, we suggest you reconsider, as it will save you a lot of headaches down the line.
If you’re reading this article, we’re guessing you probably don’t have experience with the legal process of settling a claim. You run far more risk of making mistakes that could impact your payout.
Let’s put it this way: Settling a car accident claim without a lawyer is like trying to treat a gunshot wound without a surgeon. The chance of something going wrong is a lot higher.
And in our experience, the objections people have to hiring a lawyer aren’t always accurate.
1. You Save Time and Effort
If you have a reputable lawyer (like one of the car accident attorneys from No Bull Law), they’ll handle the tedious processes of settling your claim. These include acquiring witnesses, getting police and medical reports, writing a demand letter, etc.
But that’s not the best part.
They’ll also help you deal with insurance providers, medical professionals, and the police, which can be tough work if you do it by yourself.
Trust us, this takes a lot of effort, even if you know personal injury law. Even more so when you don’t.
Lastly, a car accident attorney will be familiar with all legal procedures and deadlines, so you won’t miss any.
If you’re on the fence, book a free consultation call with the lawyers at No Bull Law, and we’ll help you with all your queries.
2. You Only Pay When You Win
A personal injury lawyer is paid only once you receive your compensation, so you don’t have to gather funds to pay the fees upfront.
Their fees are paid by taking a portion of the final settlement amount they win for you. Texas law states that they’re limited to collecting 33% to 40% of the settlement amount.
This, in turn, incentivizes them to get you the highest settlement they can.
But this is important: Studies show that even after your lawyer’s fees, the money you get will be more than you’d gain without one.
3. You Get a Higher Settlement Amount
Insurance companies will try every trick in the book to reduce the settlement to as little as possible since it affects their bottom line.
When they deal with someone without legal experience, they see this as an opportunity to take advantage.
A car accident lawyer knows how to maneuver around their tactics. On average, hiring a lawyer can result in a settlement that is 3 to 3.5 times higher than what you might achieve on your own.
And to be clear, that is 3-3.5 times higher after deducting their fees.
4. You Can Make an Accurate Claim
When filing a car accident claim, it's important to carefully assess all the different types of damages and determine the right amount of compensation to request.
There’s no room for guesswork. If you make a claim that is too high, insurers could reject it or even refuse to settle. If your claim is too low, you risk not receiving enough compensation to cover all your medical expenses, lost wages, etc., causing you to pay out of pocket.
Experienced car accident lawyers have a ton of experience dealing with insurance companies, so they know how to present an accurate claim: enough to cover expenses and prevent any skepticism from the insurers.
Lawyers often consult with medical, automotive, and financial professionals to determine the long-term impact of the auto accident. This way, they can calculate current and future costs (repairs, prescription, treatment, lost wages, etc.), as well as damages such as pain and suffering.
Additionally, car accident lawyers have seen hundreds, thousands, or tens of thousands of similar cases like yours. Based on precedents, they would have a fair idea of how much your personal injury claim should be worth.
5. They Can Represent You in a Lawsuit if Required
Even after months of negotiations, the insurance company might offer a settlement that barely covers the damages. And in some cases, they could dispute that the other driver is liable for your injuries.
If these disagreements continue, you will eventually have to take the case to court.
This would involve filing a formal legal complaint, requesting evidence from the other party, filing a motion, and presenting the case to a judge and jury.
Sounds daunting, right?
Fortunately, a lawyer with prior courtroom experience can file a personal injury lawsuit and represent you during the court appearance, giving you peace of mind.
6. Insurance Companies Take You More Seriously
A car accident attorney would have spent years building strong cases that demonstrate causation, liability, and damages incurred due to the accident.
With an airtight case, insurance companies would have no room to argue or dispute the finer points.
But that’s not all.
Hiring a personal injury lawyer can push the company to stop delaying and offer a fair settlement to prevent a court case.
In other words, you might avoid a lot of back and forth and get paid sooner.
When Can You Settle a Car Accident Without a Lawyer in Texas?
If you’d still rather try and go at it on your own, there are a few cases in which you might be okay settling a car accident without a lawyer.
Just be clear though: We still recommend getting legal representation even in these cases, as you are still more likely to get a higher payout.
1. There’s Enough Evidence
Texas follows a modified comparative negligence system in handling personal injury cases.
With this system, the car accident victim can pursue compensation if they can prove that they were 50 percent or less at fault.
Hence, evidence plays a key role here.
If you have rock-solid proof, such as dashcam footage, accident scene reports, and witness testimonies, you may be able to settle on your own.
All that said, by collecting evidence by yourself, you’re more likely to leave something on the table that you hadn’t considered. Lawyers have a ton of experience and know exactly what pieces of evidence to look for to build your personal injury case.
2. You Have Enough Knowledge of Legal Procedures
You may not need a lawyer if you are well-versed in personal injury law or confident enough to negotiate claims with the insurance company.
To navigate the process smoothly, you should be familiar with important legal information, such as state laws, fault and legal liability, insurance terminology, etc.
If you’re still unsure if you can proceed without a lawyer, get a free consultation with our expert team to learn your legal options.
Otherwise, if you’d still prefer to try it yourself, we’ll describe the process to settle a claim below.
To settle a car accident claim on your own, you’ll essentially have to take over all the tasks that a lawyer would typically perform on your behalf.
Let’s go through the entire process step by step.
1. Determine the Total Damages and Future Consequences
First, it’s important to understand the amount of compensation you may be eligible to receive.
Remember, a car accident claim goes beyond covering the costs of damage to your car or medical bills. Here’s a breakdown of the damages you could seek:
A. Property Damage
This includes repair or replacement costs for your vehicle, as well as damage to any personal belongings (laptop, work tools, jewelry, etc.) inside the vehicle at the time of the accident.
Make sure you get professional repair estimates from a mechanic in writing.
B. Medical Expenses
This includes the cost of treatment, medical devices, therapy appointments, transport for doctor’s appointments, and any other medical costs associated with the accident.
Keep in mind that your medical bills are not just the current costs but any anticipated future medical expenses, including potential treatment. A medical professional can provide you with these estimates.
C. Lost Income
Car accidents may prevent you from doing your job for a certain time. For example, you may be unable to lift heavy weights or sit at an office desk.
To calculate your lost income, determine how many months you would need to recover and multiply that number by your wages.
But what if you’re self-employed?
You could use your previous invoices to show how much money you missed out on earning.
Pain and suffering damages are meant to cover the physical and emotional distress resulting from the car accident injury.
For example, the injury could have significantly reduced your quality of life and caused emotional trauma such as anxiety, depression, or loss of consortium, i.e., the impact of the injuries on your relationship with your spouse.
To calculate pain and suffering damages, add up all economic damages (medical expenses, lost wages, treatment bills, etc.) and multiply the result by a number between one and a half and five, depending on the seriousness of the trauma.
The downside of this method is that it is arbitrary and thus can be scrutinized by insurance adjusters (especially when a personal injury attorney is not present).
An alternative to this is the per diem method. According to this, you should come up with a daily dollar amount (consider living costs and medical expenses) and multiply that figure by the number of days you could spend recovering from your injuries.
Calculating damages, especially pain and suffering, can be complex and stressful because there is no set formula.
Lawyers can easily determine fair compensation by using legal precedents from similar cases of vehicle accidents. Additionally, they work alongside medical professionals and automotive experts to ensure they don't overlook an expense and account for future economic damages.
2. Gather All Key Evidence
Next, you should arm yourself with evidence that proves the other party was at fault. This includes, but is not limited to:
A. Police Reports
The accident report provides an impartial account of what happened by a neutral responding police officer.
The report may note factors that could have contributed to the accident, such as road conditions, weather, broken traffic laws, debris at the accident scene, malfunctioning traffic lights, and lack of sobriety (in case of a drunk driving accident).
You can request an accident report for around $6 - $8 through the Texas Department of Transportation Crash Report Online Purchase System.
B. Medical Records
If you’re a car accident victim, your medical records should clearly explain what your injury or physical limitation is and that it was caused by the at-fault driver’s negligence.
However, doctors often don't mention the cause or the extent of a patient's injury or disability in their records.
If this happens in your case, ask the doctor for a special letter. Here, the doctor should give their opinion that the accident resulted in an injury or disability and that you’ll be limited or disabled for a specific period of time (if applicable).
C. Other Evidence
You could also collect documentation such as:
- Daily diary entries that demonstrate your mental anguish and suffering
- Statements from accident reconstruction specialists and automotive engineers about the reasons behind vehicle accidents.
While gathering evidence on your own, you might run into some roadblocks.
Note: Most clinics or hospitals may not prioritize sharing reports on time. Some of them even have complex procedures for acquiring your records.
This is where a car accident lawyer can come in handy. They’ll regularly follow up with medical institutions to obtain the documents and navigate the bureaucracy that could otherwise drive you crazy.
3. Determine Whose Insurance You Should Claim
Depending on the case, you have to seek compensation from the relevant insurance provider.
According to Texas law, if you prove that the other driver caused the accident, you must file a third-party car insurance claim with their insurer.
What if the at-fault driver is uninsured?
If they’re uninsured or have insufficient policy limits to cover your property damage and injuries, you should file a claim with your own insurance.
Sometimes, the personal injury case is not clear-cut, and you may be unable to determine who’s liable without a lawyer.
For example, if you were hit by an Uber or Lyft driver, it would be extremely difficult to navigate the complex insurance rules that apply to a rideshare accident.
With a lawyer, you can determine whether the driver’s personal insurance or the rideshare company’s commercial insurance is responsible for covering your damages.
4. Write a Demand Letter
After collecting evidence and calculating losses, you should write a demand letter to the concerned car insurance company.
This letter compiles all the facts about the incident and asks the insurance company to pay compensation.
We’ve prepared a checklist of what you should include in the demand letter:
- Description of accident (date, time, location, cars involved, type of accident, etc.)
- Property damage details
- List of injuries and treatment(s) required
- Description of how the accident impacted your life (emotional distress, interruption of daily routine, etc.)
- List of financial damages (Medical bills, lost income due to hospitalization/injuries, vehicle damage)
- Total amount demanded for compensation
- Deadline for response
Attach all the evidence documents and proofs for damages wherever necessary.
Also, ensure that the demand letter is polite, direct, and objective. It needs to have a well-organized narrative that avoids ambiguity. A lawyer who has spent years arguing professionally can write a clearer account of the accident: how it caused damage, who’s liable, etc.
They also understand how insurance adjusters think and craft the demand letter with persuasive language that anticipates and counters potential objections.
5. Negotiate for a Final Settlement
Once you send the demand letter, be prepared for three outcomes.
Outcome #1: The insurance company accepts your demands and pays out.
Outcome #2: The insurance company makes a counter-offer. You can choose to continue the settlement negotiation or go to court if you feel the medical expenses or vehicle costs aren’t covered sufficiently.
Outcome #3: The insurance company denies your claim and refuses to pay. This can happen if there is a lack of evidence or the case was improperly investigated. You should seek a lawyer in this case.
In reality, outcomes #2 and #3 are common. And therein lies a big risk of attempting a car accident settlement on your own.
Since personal injury lawyers negotiate with insurance companies all the time, they’ll know how to counter any argument—whether it’s the case of a denied claim, a low settlement offer, disputed evidence, etc.
6. Collect the Settlement
Once you’ve arrived at a fair settlement, you’ll fill out a release form (which prevents you from taking further legal action), and you’ll have to do some additional paperwork.
Based on what’s written in the settlement document, the payout can be done in one lump sum or installments over a specified timeframe.
Even after you collect the settlement, you may lose a chunk of it due to outstanding medical bills or liens from healthcare providers for treatment received after the accident. Plus, your health insurance company might have a right to subrogation, which means they’re entitled to a portion of the settlement amount to recover the medical costs they’ve covered.
A lawyer can negotiate these liens and subrogation claims, allowing you to keep more of the settlement.
7. File a Lawsuit (Only If Absolutely Necessary)
If the conflict is not resolved after several months of negotiations, either one or both parties would want to go to trial.
However, this is extremely rare, as only 3 - 4% of cases go to trial.
By merely filing a personal injury lawsuit, you show that you’re serious about getting a fair deal from the insurance company.
Note that moving from settlement to trial can be taxing and expensive, and you would need a lawyer to represent you in court. It would have been better if you had hired a lawyer earlier, as they would have been more likely to settle your case.
And when your case is settled, you don’t have to wait for 1-2 years for a jury verdict. You can agree to a settlement out of court and drop the suit anytime.
So, settling an auto accident isn’t as straightforward as it seems. There’s a lot of room for error when you’re taking legal action.
When you settle a car accident case with a lawyer at your side, they’ll prevent you from committing mistakes that could hurt your case. If you’re trying it on your own, you’ll have to take care not to make these, as it could reduce the settlement amount that you get.
While we can't cover every single mistake here, these are some common ones to watch out for:
- Making a recorded statement to the insurance company without seeking legal advice.
- Disclosing accident details on social media (can be used as evidence against you).
- Apologizing for the accident (even if you didn’t cause it), implying you’re at fault.
- Taking the first settlement offer you receive and not negotiating with the insurance firm.
- Not including hidden expenses like travel costs from doctor’s appointments, loss of earning capacity, etc., in the demand letter.
- Making a claim that is too high as it could lead to prolonged negotiations or even litigation, ultimately reducing your chances of a fair and timely settlement.
- Resolving the claim without fully understanding the extent of your injuries and their impact on your life.
- Waiting 2+ years to file a claim in Texas as the statute of limitations would have expired.
- Signing documents (settlement agreements, medical authorizations, liability waivers, etc.) without understanding them.
- Believing that the insurance company is fair and impartial.
As we’ve mentioned, though, this only scratches the surface. To avoid settling for an amount far below what you could get, we highly recommend getting legal representation or booking a free consultation.
Hire No Bull Law as Your Lawyer to Get the Accident Claim You Deserve
When it comes to resolving a car accident claim, you deserve a lawyer who’s ready to charge ahead and fight for you.
Here’s why hiring Texas car accident lawyers from No Bull Law is a smart move:
- Start with a Free Consultation: No hidden fees or surprises. We’ll give you straightforward, honest advice right from the get-go.
- We Work Fast, and We Work Hard: We’ll start investigating your personal injury claim. If we take your case, we’ll fight for a fair settlement.
- No Fee ‘Less We Win: We operate on a contingency fee basis. If we don’t win your case, you pay nothing. Our fees and expenses are recouped from your final settlement, so there are no upfront costs.
So, if you’re ready to take your car accident claim by the horns, consult our Houston car accident lawyers today!
FAQs About Car Accident Settlements
1. How Much Are Most Car Accident Settlements?
The amount varies depending on the severity of the car accident case. In 2022, the average settlement was $24,211 for bodily injury and $5,313 for property damage claims.
2. How Long Does a Car Accident Settlement Take?
The time it takes to settle a car accident claim depends on the severity of the injuries and the complexity of the case.
Car accidents where there are moderate injuries (fractures, scarring, etc.) and it's certain who caused it often settle within 9 months to 11 months. In some cases, it can take around 17 months due to multiple rounds of negotiations.
If you handle the case yourself, it may take longer, as you may face delays due to the difficult settlement negotiation process and complex legal procedures.
With a good lawyer, the process can be more efficient due to their expertise in navigating legal complexities, expediting negotiations, and ensuring all documentation is handled correctly, potentially leading to a much faster resolution.
Need more answers?
Contact No Bull Law for a free consultation.
