After an accident, dealing with Allstate can be a huge part of getting the compensation you need to move forward. We’ll cover what to expect and what steps you should take to protect your rights to compensation.
If you’ve been in an accident due to someone else’s negligence, a Texas personal injury lawyer can help.
When Does Allstate Get Involved After an Accident?
If Allstate was the insurance provider of the at-fault party, then they are the ones who will be paying out your claim, and their involvement will begin as soon as they are notified of the accident.
It’s essential to know the steps involved, as well as important factors that may affect your recoverable compensation.
What Should You Know About Dealing With Allstate After an Accident?
When dealing with any insurance company, including Allstate, after an accident, it’s important to understand that they won’t automatically offer you compensation for the full scope of your losses. Insurance companies need to protect their bottom line, which means they may try to minimize payments.
However, there are steps you can take to protect your recovery of fair compensation. These steps include documenting the accident and your damages, ensuring there is a record of the accident, and contacting a lawyer.
How Can You Ensure the Accident Is Properly Recorded?
In the moments after an accident, everything can seem chaotic. Prioritizing your health and safety is essential. In doing so, you will also help protect your right to compensation.
To create an official record of the accident and your losses, you should:
Get Medical Attention as Soon as Possible
Delaying treatment for your injuries is harmful to your recovery and can also undermine your legal right to compensation. If you choose to avoid emergency medical care, ensure you make an appointment with your primary care physician or go to urgent care as soon as possible.
Your medical records serve as vital evidence for your claim, connecting your injuries directly to the crash.
Report the Accident to the Police
At the accident scene, or as soon as it is safe for you to do so, you should report the accident to the police. Responding officers will create an accident report that details what happened in the accident, who was involved, whether there were witnesses, any evidence they gather, and, in some cases, the officer’s analysis of who was at fault.
Document the Scene, if Possible
If it is possible to do so, you should also take photographs of the accident. Focus on elements like vehicle damage, debris, skidmarks, and any visible injuries you have. These photos serve as time-stamped evidence for your claim.
Contact a Personal Injury Lawyer
The sooner you get your own lawyer involved, the sooner they can begin protecting your claim. Your lawyer can investigate the accident to determine all liable parties, ensure paperwork is completed accurately and submitted in a timely manner, and handle all communications with insurers.
Your lawyer will also negotiate for fair compensation on your behalf, and they can represent your case in court if a fair settlement cannot be reached.
Should You Speak to an Insurance Adjuster From Allstate After an Accident?
In most cases, you should not give recorded statements or speak to an adjuster until you’ve talked to your lawyer. Insurance adjusters tend to move quickly and may contact you within hours of the accident. Some may even try to visit you at the hospital.
The danger of speaking to an insurance adjuster on your own is that you may make an offhand comment that is later used to shift a portion of blame to you. Under the Texas Civil Practice and Remedies Code (Sec. 33.001), the state follows a modified comparative negligence rule.
With modified comparative negligence, you can recover compensation as long as you are 50% or less at fault. However, your percentage of fault will proportionally reduce your recoverable compensation.
Instead of speaking to the insurance adjuster on your own, have your attorney handle all communication on your behalf.
What Compensation Can You Recover After an Accident?
When dealing with Allstate after an accident, you may be able to recover compensation for both your economic and non-economic losses.
These can include:
- Medical expenses: Surgeries, ER visits, doctor appointments, medications, hospital stays, physical therapy, diagnostics, and more.
- Job–related losses: These include lost wages, lost benefits, and reduced earning capacity.
- Other expenses: These can include property damage, home or vehicle modifications, mobility assistance devices, and more.
- Non–economic losses: These may include pain and suffering, emotional distress, permanent disability, scarring, and loss of enjoyment.
Your personal injury attorney in Texas will seek the maximum compensation you are eligible for after an accident.
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Is There a Deadline for Your Accident Case With Allstate?
Yes, in Texas, you generally have two years to file a personal injury lawsuit. Trying to do so outside of that timeframe may result in you being barred from recovering compensation.
In most cases, moving quickly to file your claim is your best option. Talk over the expected timeline with your attorney.
Contact a Personal Injury Lawyer in Texas Today
What should you know about dealing with Allstate after an accident? From not giving recorded statements to insurance adjusters to understanding the full scope of your losses when seeking compensation, our legal team can help you deal with the insurance company.
At Omega Law Group Accident & Injury Attorneys, we fight for fair compensation. Our team is dedicated to providing compassionate legal services. Contact us today to get started on your case with a free consultation.
