Debunking Common Myths About Personal Injury Claims After Car Accidents
After a car accident, many people hesitate to file a personal injury claim due to widespread misconceptions about the process. Let’s separate fact from fiction and examine the most common myths that prevent accident victims from seeking fair compensation.
Myth #1: “I Can’t Afford to Hire a Lawyer”
Many people believe they can’t afford legal representation after an accident. In reality, our lawyers represent personal injury victims on a contingency fee basis, meaning we only get paid if you win your case by getting a percentage of the money we are able to recover on your behalf. Our law firm will also advance any case expenses that may be necessary to move your case forward. If we successfully recover money on your case, those advanced case expenses will be reimbursed from the settlement or judgment we obtain on your behalf. If we are unable to successfully recover money on your case, you will never owe any out-of-pocket costs.
The Truth:
- Initial consultations are always free
- No out-of-pocket costs for your case
- Our lawyers only get paid when you win
- Being represented by an attorney often leads to a larger payout for your claim, even after the deduction of attorney fees and case expenses
Myth #2: “The Insurance Company Will Treat Me Fairly”
Insurance companies are businesses focused on profitability. Their adjusters are trained to minimize payouts, even to legitimate claims and their business model is built on denying or lowballing as many claims as possible. Insurance companies have always heavily relied on data to enhance their profit margins, but with the use of AI technologies, insurance companies are finding ever-increasing ways to make more money by paying less than full and fair value on injury claims.
One of the ways insurance companies are doing this is a process known in the insurance industry as claims optimization. Essentially, this is a systemic practice where claimants are offered settlement amounts to resolve their claims which are not based on what the claims are actually worth, but rather, the lowest possible amount that the claimants are likely to accept, as determined by advanced statistical modeling and profiling. This practice of claims optimization is an exploitation of the unequal balance of information and economic power between an insurance company and the injured person making the claim.
In both the United Kingdom and the United States, serious allegations have been raised that insurance companies have systematically and intentionally engaged in racially discriminatory pricing, against people of color in order to increase profits, using AI technology to better and more efficiently implement their discriminatory and illegal tactics.
Insurance companies also systematically discriminate based on income inequality, with people of lower economic means being charged up to 48 times more for car insurance. Insurance companies allege that this is not intentional discrimination, but rather a reflection of the higher pricing risk of insuring lower-income consumers based on the areas where they live, the vehicles they drive, and their overall lifestyle and demographic factors and driving history. However, extensive studies conducted on this subject have shown that even drivers in America who have objectively good driving records but are in the lower tiers of socioeconomic wealth are charged disproportionately higher rates for car insurance. The only logical and reasonable explanation for this discrepancy seems to be that insurance companies intentionally and systemically overcharge poorer drivers for car insurance to make extra profits just because they can, based on the cynical calculation that these individuals don’t have the time, money, or resources to effectively fight back against these unfair, illegal, and immoral tactics.
In summary, insurance companies are greedy, ruthless corporations who are only interested in making as much money as possible, Insurance companies are willing to lie, cheat, steal, and engage in illegal and discriminatory activities in order to make more money. The odds that they will make an exception for you and handle your injury claim fairly and offer you a full and fair settlement value, as opposed to engaging in the types of practices and tactics described above, are almost zero.
The Truth:
- Insurance companies prioritize maximizing their profit above all else
- Initial settlement offers are often systematically made below fair value as part of “claim optimization”
- Adjusters may use your statements against you
- Having legal representation typically results in higher settlements
Myth #3: “I Feel Fine, So I Don’t Need to See a Doctor”
Some injuries, particularly soft tissue damage and head injuries, may not show symptoms immediately after an accident.
The Truth:
- Adrenaline can mask pain and injury symptoms and not all injuries are immediately apparent
- Some injuries develop or worsen over days or weeks
- Medical documentation is crucial for your claim
- Delaying treatment can harm both your health and claim
Myth #4: “My Claim Will Take Years to Resolve”
While some complex cases do take longer, many personal injury claims are resolved within months.
The Truth:
- Most cases settle without going to trial
- Simple cases often resolve in 3-6 months
- Having proper documentation speeds up the process
- Your attorney can often expedite negotiations
Myth #5: “I Can Always File a Claim Later”
Every state has strict deadlines (statutes of limitations) for filing personal injury claims.
The Truth:
- Texas generally has a two-year statute of limitations for personal injury claims
- Evidence can disappear quickly
- Witness memories fade over time
- Prompt action preserves your legal rights
Myth #6: “My Injuries Aren’t Serious Enough to File a Claim”
Even seemingly minor injuries can lead to significant medical expenses and lost wages. This is especially true as the full extent of some injuries suffered from a car accident may not be fully known until months or even years later, depending on the nature of the injury and symptoms, and the type(s) of diagnostic procedures and medical treatment available to treat the particular injury or symptoms
The Truth:
- Seemingly small or minor injuries can develop into chronic conditions
- Medical bills add up quickly
- You may be entitled to compensation for future medical expenses
- You may be entitled to recover past and future pain, suffering, and mental anguish damages
Myth #7: “Filing a Claim Will Make My Insurance Rates Increase”
If you weren’t at fault for the accident, your rates typically won’t increase when filing a claim against the other driver’s insurance.
The Truth:
- Most states protect not-at-fault drivers from rate increases
- Claims against other drivers’ insurance don’t affect your rates
- Your rates may increase regardless if you were at fault
- Some policies include accident forgiveness
Myth #8: “I Was Partially at Fault, So I Can’t File a Claim”
Many states including Texas allow you to recover damages even if you were partially responsible for the accident. Texas law uses a system of proportionate responsibility (sometimes called comparative negligence) to determine who was at fault for causing the crash and the respective responsibility of each individual or entity alleged to have caused or contributed to the crash. While your ultimate recovery would be reduced by the percentage of responsibility you had in causing or contributing to the accident, you are still entitled to recover for the damages you sustained from the accident, so long as you are not determined to be more than 50% responsible in causing the crash,
The Truth:
- Texas law follows a system of proportionate responsibility/comparative negligence
- You can often recover reduced damages based on fault percentage
- Fault determination is complex and often negotiable
Taking Action After an Accident
To protect your rights after an accident:
- Seek medical attention immediately
- Document everything related to the accident
- Avoid giving recorded statements to insurance companies
- Keep track of all expenses and losses
- Don’t accept early settlement offers without legal review
Hire the Right Attorneys for Your Car Accident Injury Claim
The attorneys at the Kishinevsky Law Firm PLLC are here to help. Our law firm has helped numerous clients who were injured in a car accident to obtain full and fair compensation from insurance companies trying to wrongfully deny or low-ball their claim. If you or a loved one is was injured in a car accident and you need our help dealing with your injury claim, contact our office today for a free consultation.
Houston personal injury lawyer Rashmi Parthasarathi represents clients in personal injury claims and has spent several years representing clients in product liability cases who were injured by pharmaceutical and medical device companies who put profits before safety of their products. In January 2020, Rashmi Parthasarathi joined the Kishinevsky Law Firm where she continues working to help clients harmed by the wrongful acts of others to obtain justice, especially individuals being taken advantage of by insurance companies and other large corporations.
