Category: Car Accidents

4 Common Reasons for Car Accident Claim Denials

After a car accident, it is important to understand that the insurance company is not on your side. Whether it is your insurer or another driver’s insurer, these are businesses which will fight to pay you as little as possible. If they can get away with paying you nothing, they will. That’s why it’s important to understand the common reasons for car accident claim denials so you can prepare yourself ahead of time.

What Are the Most Common Reasons for a Denied Claim?

There are a few reasons the insurance company will likely point to in denying your claim. While fine print and slippery contract language may cause you trouble, the following are more likely to cause your claim to be denied.

1. The Accident Was Your Fault

Your claim may be denied based on a finding that you were primarily responsible for the injuries you suffered. Texas uses a Modified Comparative Fault Rule when deciding liability for an accident. If an injured party is more than 50 percent responsible for the accident, that party cannot recover compensation in court. So the insurance company can say that you were more at fault for the crash than other factors and deny your claim.

2. There Is No Valid Insurance Policy Covering the Accident

Another reason insurance might deny your claim is that there is no active policy covering the collision. If the at-fault driver allowed his or her insurance policy to lapse, the insurer will not pay. Unpaid premiums and uninsured drivers are a significant problem in Texas and many injured parties are left trying to collect from their own insurance companies, even though someone else caused the accident.

3. Pre-Existing Medical Issues

An insurance company may try to deny your claim based on medical problems you suffered before the accident. If you’ve been treated for things like back pain or arthritis, the insurance company might claim that your pain is based on these existing conditions, rather than on damage suffered in the accident.
That said, insurance should still cover any worsening of your condition based on the accident. A pre-existing condition doesn’t mean you can’t make a claim. It just means that you need to show that the accident was the cause of your suffering.

4. Insufficient Medical Documentation

Insurance companies will not take your word for it that you were hurt in an accident. You need to present proper evidence in the form of medical records, tests, reports and more. This is why you should always see a doctor after any car accident. If you wait to get medical help, the delay can be used by insurance companies to justify denying your injury claims.

What Is a Bad Faith Denial?

Insurance companies are required by law to act in good faith, dealing fairly with the people they insure. Insurance companies are not allowed to intentionally delay proceedings, needlessly confuse the process, or trick you out of the compensation you have coming. If the insurance company owes you money, and knows it, denying your claim can lead to an insurance bad faith claim against them.

Was Your Car Accident Claim Denied? Call Us for Help.

A Texas insurance claims attorney can help you deal with insurance adjusters and the red tape standing between you and the money you deserve. If your claim has been denied or you are having trouble navigating the insurance process, you should speak to a lawyer as soon as possible.

August 18, 2019
Why You Should Always See a Doctor After Any Car Accident
A hundred questions run through your mind in the seconds after an auto accident. What just happened? Am I ok? What about my passengers? Where is the other driver? How badly am I hurt? What do I do now?
If you are still able to walk and haven’t suffered any obvious trauma, it can be easy to think you’ve escaped unharmed. That may in fact be true, but the only way to be sure is to get yourself checked out by a doctor.

Discovering and Treating Non-Obvious Injuries

Every car accident is different, but they all share one thing in common: the people involved are shocked by what just happened and their adrenaline is pumping.
That combination of shock and adrenaline can easily mask the severity of injuries. For example, what feels like a sore neck in the minutes after the accident might actually be something serious, like cervical spine damage. A sore leg could be a torn muscle.
That is why everyone involved in a Texas car or truck accident should visit a doctor immediately after the wreck. Only a trained medical professional can fully evaluate the injuries, prescribe appropriate treatment and monitor you in the weeks and months following the crash.

Creating Medical Records That Serve as Evidence

If it turns out that you were indeed hurt and eventually need to file a personal injury lawsuit to recover compensation, you will need proper evidence in order to get a positive outcome. Medical records are a key type of evidence, and they can only be created by going to the doctor as soon as you can after the accident.
Not only are the medical records themselves helpful, but the following items related to medical care are also very valuable in building a case for injury compensation:
- Hospital bills
- Lists of treatments and medications prescribed, along with their cost
- Full list of any specialists to whom you’re referred for further treatment or care
How Much Time Do I Have Before Going to the Doctor After a Car Accident?

Obviously, injuries that are very serious will have you in the hospital nearly right away, perhaps by ambulance. But for other injuries that may not seem as severe right away, getting medical attention is something you should do as soon as you possibly can.
There is no hard and fast rule about the timing, but many insurance companies will fight hard against paying any compensation to a person who fails to see a doctor “within a reasonable time.” For many companies, that reasonable time is about 72 hours.
If your primary care physician isn’t available within 72 hours, consider going to urgent care. There are many in the Dallas-Ft. Worth area. It may cost more up front than your normal doctor, but the bill can be submitted to insurance.

Our Texas Personal Injury Lawyers Are Here to Help

If you were in a car accident around Dallas and believe you suffered injuries that require compensation, the attorneys here at The Fell Law Firm are ready to help. We’ll meet with you, talk about the and advise you accordingly. Contact us today, and until then, please make sure to see a doctor if you haven’t already.
August 3, 2019
What You Shouldn’t Do After a Car Accident
A reportable car accident occurred every 59 seconds in Texas in 2017, according to a state crash statistics. Out of these accidents, one person was injured every two minutes and four seconds. With statistics like this, it’s likely that most Texans will be involved in an accident during their lifetime. If you haven’t already been part of one, it’s best to prepare yourself—just in case.

5 Things You Shouldn’t Do After a Car Accident

Most of us are generally aware of the steps to take after a car accident. In the heat of the moment when adrenaline is running high, however, it’s easy to forget even the simplest tasks. Here are five things you shouldn’t do after your accident.
1. Forget to call the police: Even if the accident is a minor fender bender, don’t try to handle it without calling the police. Any injuries or vehicle damage should be recorded with a proper statement for insurance purposes and any litigation that may occur in the future.
2. Speak more than the facts: After an accident, emotions are high. It’s important to never admit that the accident was your fault or give your opinion. It is best to keep quiet unless you’re spoken to by the police. Anything you say can be misconstrued in court or by the other party’s insurance company.
3. Refuse medical treatment: Regardless of the severity of the accident, you should seek proper medical attention. Some of the most common injuries such as whiplash don’t show symptoms until hours, days or weeks after your accident.
4. Speak to your insurance without an attorney: After your accident, your insurance company may attempt to get you to admit guilt in order to refuse your claim. It’s important to consider reaching out to an attorney to help you communicate correctly during the claims process.
5. Fail to document the accident: If you’re able, try to document the scene of the accident. For example, take photos of your car and the surrounding scene. Gather the contact information of the other party and their insurance company. Should you need to seek compensation through litigation, documentation can help build your case.
Bonus Tip: Treat All Car Accidents the Same

Not all car accidents are severe in nature. Some accidents are as simple as backing into a parked car in a crowded parking lot. Regardless of the severity of the accident, you should treat them all the exact same. You never truly know what tomorrow may hold when it comes to how much damage you actually did to your car or your body.

You Don’t Have to Go Through the Aftermath Alone

Car accidents are frightening and overwhelming, especially when you suffer injury and suffer personal property damage. The good news is this: you don’t have to go through it alone. To learn more about what happens next, send us a message.
June 1, 2019
Ride-Sharing Car Accidents: Understanding Your Rights
Ride-sharing is becoming one of the most popular methods of transportation around the world. But, as ride-sharing increases in popularity, so do ride-sharing accidents. In fact, Uber and Lyft have both been linked to traffic fatalities in the past few years. If you are injured in a ride-sharing accident, it’s important to understand your rights.

Ride-Sharing Regulations in Texas

In 2017, Governor Abbott signed a bill into law that restructured ride-sharing regulations for the entire state. Some of the key takeaways include:
- Mandatory criminal background and driving history checks for all drivers
- A zero-tolerance policy for intoxicated drivers
- The requirement of a permit from the Texas Department of Licensing and Regulation with an annual fee of $5,000 for ride-hailing companies to operate across the state
These regulations were put into place to help create safe travel methods for all ride-sharing customers, regardless of the company.

Understanding Who’s At Fault in a Ride-Sharing Accident

As a passenger in an Uber or Lyft, it’s important to understand who’s at fault for any injuries you sustain if you’re ever involved in a ride-sharing accident. In general, the fault lies with either the third-party motorist could be at fault or the ride-share driver.
This means that the third-party’s insurance company or your driver’s liability policy would cover your injuries. Texas requires ride-sharing drivers to have 50/100/25 coverage when their ride-share app is on, equaling $50,000 for each injured passenger, $100,000 per accident and up to $25,000 in property damage.

What Do You Do After an Accident?

If you’re involved in an accident as a ride-share passenger, call the proper authorities and seek medical attention first. Next, both Lyft and Uber require you to report the accident so they can take the proper next steps. You can report an accident online or reach out to the companies via phone to file a report.

Injured in a Ride-Sharing Accident?

If you’ve been injured in a ride-sharing accident, it’s important to remember that you deserve to be compensated for those injuries and the effect they’ve had on your life. Consider hiring a professional attorney to help you navigate the ride-share accident claim process. To learn more about ride-sharing in Texas, send us a message.
April 15, 2019
What Happens When a Car Accident Is Your Fault?

Often, car accidents occur so fast that it’s hard to decipher who is truly at fault. However, have you been involved in a car accident that you’re certain you caused? And if there are consequences, what will they be? If you’re at fault for the accident, there are a few things you must consider.

Auto Accidents in Texas

Unlike other states, Texas does not require drivers to carry no-fault insurance. In Texas, you must be covered by liability insurance which is a policy that covers both injury and property damage during an accident. If the car accident is found to be your fault, you are responsible for the injured parties’ medical care and any property damage.
The liability insurance must at least cover a minimum of $30,000/$60,000 for bodily injury and $25,000 for property damage. However, purchasing an insurance policy that covers more than this minimum is a great choice to avoid issues in the future.

Consequences for Being At Fault in a Car Accident

After the accident, the other driver will need to submit a claim through his or her insurance company. However, the insurance company will contact your insurance company for reimbursement on the claim. Unfortunately, your insurance premiums may increase after your policy renews due to your accident.
Was the accident caused by distracted driving? If you receive a citation as a result of the accident, such as a citation for texting while driving, you may see an increase in points on your driving record. If this occurs, it’s a sure sign that you should expect a higher premium after renewal.
If the insurance company and the other driver can’t reach an agreement about the claim, they may pursue a lawsuit for damages. It’s important to contact a professional attorney to advise you on next steps after an accident occurs.

Are You At Fault for a Recent Car Accident?

If so, you need proper representation to guide you. All car accident cases in Texas are different, making it difficult to navigate on your own. To learn more about Texas auto accident laws or to seek representation for your accident, send us a message!

February 1, 2019
What to Do After Discovering a Delayed Car Accident Injury
Car accidents often result in emotional and physical trauma. But some car accidents don’t cause visible bodily harm. Instead, they inflict damage that occurs days, weeks or even months after the accident occurred. Even if your injury occurs after the accident, it’s important to receive medical attention and to then contact an attorney to discuss filing a claim.

The Many Types of Delayed Car Accident Injuries

About 6 million car accidents happen in the United States each year. Injuries sustained from these accidents don’t always show symptoms immediately. In fact, whiplash, the most common car accident injury, can show symptoms weeks after the accident occurs. Other types of delayed injuries include:
- Bone fractures
- Internal bleeding
- Head injuries such as concussions
- Back injuries such as disk issues
- Soft-tissue injuries
- Shoulder and wrist injuries
What Steps Should You Take Next?

Most of these injuries will result in pain. However, if you experience bruising, swelling, bleeding or other symptoms that are out of the ordinary, it’s time to take action.
- Seek medical attention. Make an appointment with your physician or visit the emergency department if your symptoms are unbearable or require immediate attention. Your physician will conduct an exam, order testing and decide what steps should be taken for your health.
- Reach out to an attorney. After you receive the medical care you require, reach out to an attorney for a consult regarding your accident. Even if you didn’t contact an attorney when the accident occurred, you might still be eligible for compensation for your injuries.
  If another party caused your accident, your attorney will help you gather evidence—such as the accident report, medical records and any witness testimonies—to support your claim. If you can, gather as much information upfront as possible to help streamline the process.
Find an Attorney Who Specializes in Personal Injury Law

You should consult with an attorney who focuses on car accidents and personal injury law. Your attorney will be able to guide you, suggest next steps to take and decide whether or not your injuries call for a personal injury case. For more information or for answers to your questions, reach out to the attorneys at Fell Law Firm today.
December 7, 2018
In Texas, Whose Insurance Pays After a Car Accident?
Car accidents can lead to anything from minor vehicle damage to life-changing personal injuries. No matter how a person has been affected, they usually have one simple question:

“Who pays?”

The answer can be complicated. It depends on who is at fault for the accident, as well as the type of insurance carried by both drivers.
If a person is at fault for a car accident in Texas, they are responsible for all personal injury and property damage for themselves and anyone else who was involved. That’s why the law requires everyone to carry a minimum amount of liability insurance. The law says that you should have at least $30,000 in bodily injury coverage for each person, up to $60,000 per accident, as well as $25,000 for property damage. (Insurers sometimes call this 30/60/25 coverage.) If the damage caused by the accident is more than this amount, the at-fault driver may be personally responsible for additional costs.

Determining Fault in Texas Car Accidents

But who is the at-fault driver? Answering this question can be tricky. In many car accidents, both drivers believe the other driver was at fault. Both drivers may also be partially responsible for what happened.
Fault should only be determined after detailed and careful investigation by experienced professionals. The professionals will use evidence, including:
- Police report
- Photographs of vehicle damage, injuries and the scene of the accident
- Witness statements
- Accident reconstructions
Medical records
After reviewing the evidence, the other driver’s insurance company may admit or deny fault. Ideally, the other driver’s insurance company will admit fault and make a reasonable settlement offer. If they do not, getting legal help is key to recovering the right amount of compensation.

Personal Injury Protection (PIP)

In some cases, your own insurance company may cover expenses related to your personal injuries so that you do not need to rely on the other driver’s insurance coverage. A special kind of insurance called Personal Injury Protection (PIP) will cover 100 percent of necessary medical, surgical and dental expenses after an accident, from hospital stays to nursing care. It also covers injuries to the passengers in your car, as well as lost income from missed work. The insurance company will pay up to the benefit limits of the PIP coverage.

Learn Who Will Pay After Your Accident. Talk With an Attorney.

Of course, each situation is different. Talking with an attorney is the best way to know for sure who will pay. If you need help taking action after a car accident, reach out and talk with a personal injury lawyer at The Fell Law Firm. Just call us at 972-450-1418 for a free consultation.
October 21, 2018
What to Do After a Hit-And-Run Car Accident

A hit-and-run car accident can leave you reeling. Not only are you injured and your vehicle damaged, but the person responsible has fled the scene. What should you do?
At the Fell Law Firm, we often talk with people who were injured by drivers who left the scene. Here are some things we tell them. Of course, every situation is different, so you’ll want to talk with a lawyer about your exact circumstances.

At the Scene of the Hit-And-Run Accident

If another driver hits your vehicle and then leaves the scene, it’s normal to feel jittery and overwhelmed. The first thing you should do is consider your personal safety. If you can do so without putting yourself at risk of further injury, pull over to the side of the road and out of the way of traffic.
Once you’re parked, call the police immediately. Tell them what happened. The police should come to the scene and complete a police report. Help them by sharing as much information as possible—including any details about the make and model of the other car that you remember.
Many people tend to minimize the amount of pain they feel after a car accident. Sometimes, they are feeling too much of an adrenaline rush to notice. Other times, they want to be strong or they don’t want to be a bother. Make sure that you tell the police if you are in pain and accept any medical attention. Even if you don’t leave the scene in an ambulance, you’ll want to get a medical exam as soon as possible.
While at the scene, get the names and contact information of any witnesses, take pictures and notice your surroundings. You may need this information later when you talk with your insurance company.

Insurance Considerations: Compensation May Still Be an Option

Even though the other driver has left the scene and likely won’t be paying for damages, your own insurance company may cover the costs of vehicle repairs, hospital bills, missed work and other expenses. All insurance companies are required to offer something called uninsured motorist coverage/ underinsured motorist coverage (UM/UIM) to all drivers. The insurance covers you in hit-and-run car accidents or accidents in which the other driver isn’t well insured. If you decided not to carry this coverage, you would have had to reject it in writing.
If you do have UM/UIM insurance, you’ll want to follow your insurance company’s steps for filing a claim. It’s likely that you’ll have to pay a deductible. But, once you do, insurance will cover other expenses. And if you run into trouble with the insurance company? Don’t hesitate to contact an experienced personal injury attorney. The attorney can help you take effective action to get the compensation you need and deserve.

What if You Weren’t There at the Time?

Often, hit and run accidents happen when nobody is around. For example, when a driver negligently hits your parked car and then takes off before anyone notices. In situations like this, UM/UIM insurance should still cover the damage. You’ll still need to file a police report to file a successful claim. Make sure you do this as soon as possible.
If you need help taking action after a hit-and-run, reach out and talk with a personal injury lawyer at The Fell Law Firm. Just call us at 972-450-1418972-450-1418 for a free consultation.

August 21, 2018
Distracted Driving Accidents Are on the Rise

The 2017 statistics from the Texas Department of Transportation indicate that there are more distracted drivers than ever causing accidents. Almost one-in-five crashes involve distracted driving. Despite the awareness campaigns, this rate hasn’t decreased in three years.
These statistics mean that everyone else must drive as defensively as possible. Yet, when you are legitimately stopped at a red light, there isn’t much you can do to avoid a rear-end collision when a texting driver in your rear-view mirror doesn’t even see you.
If you’ve been injured by a texting or otherwise distracted driver, we can help you recover compensation for your injuries and losses and obtain justice for you. (more…)

June 14, 2018
Facts About Fatal Drunk Driving Accidents in Texas

Several fatalities caused by drunk drivers have occurred in Texas recently. In early January, the driver of a Chevy Silverado hit a stopped car, killing the 70-year-old driver. This was the Silverado driver’s fourth DWI offense, according to sheriff’s deputies. The next day, a driver subsequently charged with intoxication manslaughter drove the wrong way and struck another vehicle head-on, killing the driver.

Can Victims of Drunk Drivers Obtain Compensation?

Being sentenced to jail or prison gets the drunk driver off the streets for a while. Paying serious fines could make them think more carefully before they drive drunk again. However, prison sentences do not really help the loved ones of the victims. They not only lost a spouse or other beloved family member but also no longer have the income and support provided by the victim. They suffered significant emotional trauma and grief. Do they have any recourse under Texas law?
Fortunately, families of drunk driving crash victims can seek compensation for their losses with a wrongful death claim. While the money that could be obtained through this type of lawsuit will not stop the grief and pain, it can reduce the stress and anxiety of having to rebuild a life after the wrongful death of a loved one. It can replace lost income, pay for funeral expenses, and in some cases, punish the drunk driver by awarding punitive damages.

Legal Issues in Drunk Driving Accident Claims

Such cases are not murder trials. Plaintiffs do not have to prove that the defendant intended to kill their loved one. Rather, they need to show only that the driver was intoxicated and that the accident and death occurred because of the driver’s intoxication. Parents, children and siblings of the victim can bring these civil cases. Sometimes, other dependent family members may also be eligible to file claims.
People injured in accidents caused by drunk drivers can also file personal injury claims to help pay their medical bills, replace their lost wages, and compensate them for their suffering. In addition, victims may also be able to recover if the driver who caused the accident drinking in a restaurant or bar. Under the Texas dram shop liability law, restaurants and bars who served alcohol to a visibly drunk customer who later caused an accident could be held liable. There are time limits for filing in both injury and death claims; speak with a lawyer to learn more.

Did a Drunk Driver Change Your Life? Call a Lawyer to Learn What You Can Do.

There are other considerations when thinking about filing a wrongful death or personal injury lawsuit after injury or death caused by a drunk driver. Contact Mr. Fell to learn about your legal rights and options if a drunk driver shattered your life.

February 15, 2018