Be Safe this Holiday Travel Season

Holiday Travel Tips Texas Car Wreck Lawyer

Dallas Car Wreck Lawyer has Your Holiday Travel Tips

Every year millions of people hit the road to travel for the holidays.  50 million people will hop in their cars and drive to their destination; about double that will travel for Christmas and New Year’s Day.  That means you’re more likely to encounter traffic if you’re on the road for Thanksgiving or Christmas.

The Car Crash Captain wants to make sure you arrive safely.  So we’ve rounded up some of the best travel tips so you make the journey… and then wonder why you stressed so much about spending time with family that is just driving you bonkers!

Holiday Travel Tips for Thanksgiving and Christmas

No matter which holiday you’re hitting the road for, keep these ideas in mind so you aren’t caught in a bad situation.

Check Your Spare Tire

Newer vehicles are equipped with a TPMS – Tire Pressure Monitoring System.  There’s one in each of your tires, including the spare.  If your spare is low on air, you’ll get a dashboard alert.  For those with older vehicles, those built before 2007, you won’t have these equipped.  Before you hit the road, make sure your spare is in good working condition.  No sense pulling a flat tire off only to find the spare is also flat!

Stay Healthy During Holiday Travel

Long road trips can become a time of indulgence.  A quick energy drink at the gas station, some fast food, and you’re back on the road.  Combine that with the fact you’re probably going somewhere for a big turkey feast, and away from your regular gym, means that your health can take a nosedive.  Be mindful about what you eat, don’t blow a year of great habits on a long weekend of indulgence.  Water is your friend, it’s hard to fall asleep at the wheel when you really have to pee.

Turn on your Phone’s Passcode

When you’re in your element, you might not need a passcode or as much security on your phone.  When you’re in a new area, thieves and others who are up to no good could be lurking.  Make sure your phone has the “find my phone” feature turned on (and you know how to use it).  Check out these tips from Homeland Security on how to keep your tech safe.

Make Sure Your Vehicle is Ready

Before you hop in the car and take off, have you checked if it’s ready?  We wrote about this before, giving tips on how to make sure the vehicle itself is ready, make sure you have the right supplies, and making sure that you’re ready.  Check out that article before you hit the open road.

Peace While Driving

Millions of people will be on the road with you.  Millions of potential road-ragers.  We are all in a hurry, we all hate the traffic, and we all despise that guy that cut us off.  Be mindful of your rage.  Give a few extra seconds of grace.  Exercise peace so nobody is hurt out of rash decisions.

Talk to Herbert Law Group if You’re in a Wreck

Getting in a wreck sucks.  Getting in a wreck while you’re on vacation extra sucks.  If you’re injured in a crash while doing some holiday travel in Texas, you need an expert car crash lawyer to help you navigate the legal and insurance waters.

Call Herbert Law Group at 214-414-3808, or fill out the contact form on our site, and we’ll have a free conversation to determine how we can help you heal.

Why You Need a Texas Car Wreck Lawyer

Texas Car Crash Lawyer

Why You Need a Texas Car Wreck Lawyer

Many people believe that hiring a Texas car wreck lawyer after they’re injured in a crash is a waste of money.  They believe that the fees will take most, or all, of their settlement.  The truth is, however, that with a lawyer’s help, you can actually collect much more (even after fees) than you would be able to on your own.

Keep reading as the Car Crash Captain describes the ways that a lawyer will reduce your stress, streamline the process, and ultimately land you a larger settlement after a wreck.

5 Reasons You Want a Texas Car Wreck Lawyer

Not all wrecks necessitate legal help.  Generally speaking, if you weren’t injured in the wreck, then you likely won’t benefit from having a Texas car wreck lawyer help you out.  This is due to the fact that compensation is directly tied to the damage done – it’s pretty easy to figure out how much you need reimbursed based on the value of your vehicle.

However, when injuries occur, there’s a whole lot more that goes into an insurance claim.  Now you have damage to your property, injury, and also pain and suffering that can be difficult to put a dollar amount to it.

Along with that, your Texas car wreck lawyer will help you with:

Investigation and Gathering Evidence – Most people know the basics of gathering evidence after a car wreck.  We know to get pictures of what happened (video if possible).  We know to document, perhaps get information from witnesses, and all of that.  But when you don’t deal with car wrecks often, sometimes things can slip through the cracks.  Knowing the right questions to ask, whom to speak with, and what evidence needs preserved is a huge benefit that a Texas car wreck lawyer helps with.

Negotiations with Insurance Companies – Insurance companies are counting on a few things to move your claim along quickly.  They expect that you won’t fully understand the costs associated with your wreck, and they expect that you won’t have the savings available to get by until a settlement is negotiated.  A personal injury attorney knows how to negotiate and keep the claim moving fast enough, but in your favor.

Understanding Statute of Limitations – We know that there are limitations on when a person can be held accountable depending on how much time has passed after a crime (or on this case, a negligent car wreck) has been committed.  Without checking Google, do you know how long you have to file your personal injury claim?  Your Texas car wreck lawyer does.

Litigation and Court Representation – Are you prepared to go to court against an insurance company if they fail to uphold their end of the bargain?  If they adamantly deny all claim settlement negotiations, do you know how to handle court proceedings efficiently and effectively?  The lawyers at Herbert Law Group do.

Client Support and Advocacy – When you have questions about your case, when you need someone that will stand up for you, or when you are stressed beyond belief, your Texas car wreck lawyer is on your side.

Herbert Law Group is on Your Side After a Wreck

Many people think of personal injury lawyers as “ambulance chasers.”  There are some bad apples that have tainted the idea of the important work that car wreck lawyers do.

But that can’t be further from the truth.  In reality, a lawyer is on your side.  We are here to help you collect the settlement that you deserve, and one that will help you heal completely from your injuries.

If you have been injured in a crash, then let’s get to know what happened and see how Herbert Law Group can help.  Call us at 214-414-3808, or fill out the contact form on our site and we’ll get in touch with you soon.

Imagine a World without Car Wrecks

Vehicle maintenance prevents texas car wrecks

You can Help with Proper Vehicle Maintenance

We all know about the proper safety practices.  You’ve heard of the twelve second rule, you know that obeying traffic laws generally leads to safer driving, and of course drunk or distracted driving is not something you’re willing to compromise on.

But what about the health of your vehicle?

Are you setting yourself up for disaster by neglecting some of the maintenance that needs done on your rig?  Let’s check in with the Car Crash Captain and see how keeping our vehicles well maintained can lead to fewer wrecks on Texas roads.

Doing Your Part to Avoid Car Wrecks with Vehicle Maintenance

Let’s face the facts: not everyone is going to obey the speed limit, drive sober, obey traffic laws, or maintain their vehicle.  If you’re injured in a car wreck due to someone else’s negligence, then you need Herbert Law Group to ensure you are compensated fairly.  To help make sure you’re not on the other end of litigation, keep these safety care tips in mind.

Tire Tread

Your tires have tread to help grip when conditions are less than optimal.  When the tread wears down, there is a much higher chance of slipping on wet, snowy, or icy roads.  Keep your new tires inflated properly to further reduce the risk of skidding.

Headlight Clarity

There are two ways your headlights don’t do their job right.  Sometimes it’s as simple as them getting dirty – merely wipe that grime off to keep the light shining through beautifully.  But over time the lenses can fog or cloud.  You can have them professionally restored, or do it yourself with an affordable kit so you can light up the road and see hazards.


Along those lines of seeing properly: do you know the last time your windshield wipers were replaced?  Did you know they should be swapped out every six months?  You may even need to replace them sooner if you park outdoors often and the sun rots the rubber.  High quality replacement wipers can help you see clearly now the rain is gone.

Declutter the Insides

There are two types of people in this world.  Those that keep their vehicle absolutely spotless, and others that tend to let it get pretty cluttered inside before clearing it out.  That clutter, however, can end up leading to a bad wreck.  Not only can things get stuck under the pedals, they cause distractions as you drive.

Don’t Break the Brake

Brakes are nice that they’ll give you a warning when they’re reaching the end of their life.  Little wires give you an awful scraping sound to let you know that it’s time to get those things replaced.  Neglected, and your stopping power could diminish, or even disappear.


Washer fluid, transmission fluid, brake fluid, oh my!  There are a lot of different fluids that keep your vehicle operating optimally.  Have you checked them recently?  Do you know how to check them?  Often when you take your rig in for lube service (that is, an oil change) they check all the fluids for you – check your invoice to confirm.

Values Aligned

When your values of how highly you regard your safety align with your vehicle maintenance you know to keep your tires rotated, balanced, and aligned.  Misaligned wheels can lead to steering problems and potential crashes.

Talk to Herbert Law Group after a Texas Car Wreck

When we all do our part with proper vehicle maintenance, the number of wrecks will go down.  But as long as others aren’t paying attention, there’s going to be a risk to driving the roads.

Have you been injured in a wreck?

We should talk about what happened and see how we can help you recover compensation that fully covers those injuries.  Too often, the insurance companies flake out.  Call us at 214-414-3808 for a free conversation to learn what happened and how we can help.  You can also fill out our contact form and we’ll get in touch with you soon.

The Loan Star Guide to Car accidents in Texas

Car accidents in Texas lawyer

How to Protect Yourself and Your Family while on the Road

Until there’s a time when all vehicles are fully automated and can talk to each other (remember the fast-moving vehicles in the movie Minority Report?), there will always be car wrecks.  Humans make errors which unfortunately can hurt other humans.

For now, when we do have to worry about car accidents in Texas, we can take some precautions to help make sure that we are as safe as possible when out for a drive.  Let’s hear from the Car Crash Captain about safe driving tips, accident prevention strategies, and why you need Herbert Law Group if you are injured in a wreck.

Tips for Safe Driving on Texas Roads

You most likely know the best ways to stay safe on Texas roads.  These aren’t new tips.  While the latest in vehicle technology does help minimize injury and death, we can’t yet rely on it for total accident prevention.

Wear your Seatbelt – In 2021 only 50% of occupants of fatal car wrecks (nationwide) were wearing their seatbelt.  Had they buckled up, thousands more would still be alive today.

Slow DownIn 2021, speeding killed 12,330 people; that makes up about 1/3 of all fatal car crashes in the US.

Don’t Drive Distracted – Over 3,500 people lost their lives due to distracted driving in 2021.  That includes phone use, eating/drinking, distracted by other passengers, messing with the stereo, etc.

Don’t Drive DrunkDrunk drivers caused the death of 13,384 people in 2021.  Drunk driving incidents have come down since ridesharing became popular, but it’s still a big problem.

Mind the WeatherWeather related incidents cause 1.2 million crashes in the US every year and lead to more than 5,000 deaths.

The bottom line: don’t drive drunk or distracted, obey the speed limit, and adjust your driving if the weather isn’t favorable and your risk of dying in a car crash plummets.

Prevention Strategies to Avoid Car Accidents in Texas

Aside from safety tips, what else can we do to prevent a car accident?  What can we control and what should we be aware of that is beyond our control?

Drive a Maintained VehicleMechanical problems are a huge issue for those on the road.  Not only can they leave you stranded, they can lead to a severe car accident.

Be a Defensive DriverDefensive driving should really be called proactive driving.  It’s all about paying attention to your surroundings and being prepared for the unexpected.

Plan for Long Trips – Driver fatigue is the number one cause of wrecks while traveling.  Plan ahead for road trips and make sure you stop often enough to recharge.

Don’t Road RageWhen traffic increases, so do tempers.  But road raging is like a toddler throwing a fit, but instead of only hurting yourself you can hurt innocent motorists.

Benjamin Franklin famously said, “An ounce of prevention is worth a pound of cure.”  It’s far easier to prevent an accident, than to recover from life-changing injuries.

Reason why a Texas Car Wreck Lawyer is Necessary

Often those wrecks, however, aren’t due to your own negligence.  When you are injured, or a loved one is killed, by another driver, then you need a Texas car wreck lawyer to help navigate the murky legal waters.

Laws can be Tricky – Legal matters are quite difficult, have you ever tried to read the actual laws?  They’re cumbersome!  Let a lawyer handle those complicated bits for you.

Insurance Companies can be Tricky – There are rules and laws the insurance company must follow.  But they’re tricky and will try to catch you slipping up.  A lawyer knows what should, and should not, be said.

Damages aren’t Straightforward – Some damages are easy to calculate, others are not so straightforward.  Do you know the difference between economic and non-economic damages?  Your lawyer will.

Stress Delays Healing – When you’re under stress, kind of like the stress of dealing with insurance companies, your body can’t physically heal as quickly as possible.

There are plenty more reasons, but you get the point on having a lawyer is important for those involved in car accidents in Texas.

Get Expert Legal Counsel from Herbert Law Group

And that’s exactly why Herbert Law Group is here.  We know it’s a tough time for you, and we know insurance is complicated.

So, let’s make sure you get the compensation you need after a car accident.  Let’s make sure that you’re taken care of.  It all starts with a phone call to get to know you.

Call our office at 214-414-3808, or fill out the contact form on our site, and let’s find out how the Car Crash Captain can help you.

Discovering the Hidden Truths of a Texas Car Accident

How the Right Texas Car Accident Lawyer will Help

Texas has nearly 700,000 miles of roadway throughout the state.  With so many hundreds of thousands of miles, there are bound to be a few car accidents here and there.

While some car wrecks are easy to figure out – they don’t involve injuries and are labeled as “fender benders” – there are many others that need a Texas car accident lawyer to navigate the process and ensure that the victim is being cared for and compensated justly.

Let’s take a look at what the Car Crash Captain has to say about why the right lawyer will help uncover hidden truths.

Strong Communication is Essential

Here at Herbert Law Group, we know the importance of communication.  There are too many law firms out there that will accept your Texas car accident case, but then all but ghost you.  We want to make sure you know what’s going on, where you’re at in the process, and what you can expect from us.

In this day and age communication shouldn’t be a struggle.  But it seems to be a dying art: one that we are intent on reviving to ensure that our clients are well taken care of.

Empathy can be a Weapon

The outsider may look at your wreck and merely see property damage and some physical injuries.  But we know there is a whole lot more going on inside.  Victims are grappling with physical injuries and emotional scars – in fact many of those injuries sustained in a Texas car accident are hidden and cannot be seen with the eye.

Despite the gruff demeanor a lawyer puts up when dealing with legal jargon and court room battles, we believe in genuinely connecting with our clients.  We don’t treat you like a number or just another client; you’re a person that deserves to be treated as such.

Technology and Law Come Together

Keeping up with technology is important for all industries.  Using the latest and the best technology to help prove your Texas car accident case is essential for you to receive the compensation that you deserve.

From dashcams, to traffic cams, to accident re-creation, there’s a lot that goes into many of these cases.  With a firm grasp on tech and how it is handled, Herbert Law Group can streamline efficiency.

Creating Change Beyond the Court Room

Winning your case is great, but it’s the first step to creating a change in the world.  Insurance companies are powerful, they have a lot of money that allows them to walk all over those who don’t know the law.

Every case that is won, every settlement that is negotiated, and every win for our clients is a big step toward creating lasting change that will ultimately help reduce the number of car wrecks that occur every year, improve the lives of those who are victims, and show that we aren’t okay with being walked on!

Herbert Law Group is Here to Advocate for You

Have you been in a wreck?  Have a loved one been killed in an accident?  Then you need someone to advocate for justice on your behalf.

Let’s start with a simple phone call.  Let’s learn what happened, and see how Herbert Law Group can help you receive adequate compensation for your injuries – all while you focus in healing.  Call us at 214-414-3808, or fill out the contact form on our site and we’ll be in touch.

Texas car accident lawyer

Psychological Trauma after a Texas Car Wreck

psychological trauma after a texas car wreck

Pain and Suffering Go Beyond Physical Hurt

After a car wreck, you have a lot going on.  Often there are physical injuries to deal with – perhaps even the death of a loved one.  What you may not be able to recognize right away is the psychological trauma that you have experienced.  Insurance companies are counting on you to forget this aspect of your health, and their settlement offers likely won’t include compensation for healing in this part of your life.

Let’s take a look at how the Car Crash Captain explains what can go on in your mental health if you are seriously injured in a car wreck, or if someone you love has been killed in one.

What is Pain and Suffering?

There are certain parts of compensation that are easy to calculate: lost wages, medical bills, and property damage to name a few.

However, there is more to an injury than just physically healing.  These changes in your life and lifestyle fall under the term “Pain and Suffering.”  They include loss of comfort, loss of happiness, and loss of opportunity that are the result of the wreck.

What is Pain and Suffering in Legal Terms?

Pain and suffering, when they apply to legal terms, is where you need a car wreck lawyer to help you out.

Physical discomfort and emotional distress are hard to calculate.  How do you put a price on the fact that you may walk with a limp for the rest of your life?  How do you put a price on the emotional distress, pad dreams, PTSD, or other trauma that you might experience?

In the legal world, your car wreck lawyer will help discover what you need to be fully compensated after the wreck – and argue in court if necessary that the settlement is what is required for you to heal completely.

How do you Heal from Psychological Trauma?

We all know that a large settlement isn’t going to bring a loved one back after being killed in a wreck.  We know that a million dollars won’t restore your ability to walk, or even lower the fear you might have when driving in the future.

So, how does a larger settlement due to pain and suffering help you heal from psychological trauma?

Many people discount the idea that therapy and counseling work wonders.  However, mental health in the USA isn’t as highly regarded as physical health.  If your settlement doesn’t cover the counseling and therapy that you might need after the wreck, you end up paying for that out-of-pocket.  With a better settlement, you can afford the help that you require.

Psychological trauma isn’t just going to go away.  It can last for years to come, and severely impact your life.  But if you have to take extra days off work for self-care, a settlement that fully compensates you for your loss will make that much easier to do.

How does Herbert Law Group Help?

The car wreck attorneys with Herbert Law Group have dealt with these same situations.  If it has happened, they know what to push for.

So, if you’re feeling stuck after a car wreck, if you’ve suffered psychological trauma, and if the insurance company isn’t playing nice (they likely won’t, it’s the nature of running a for-profit business), then you need a car wreck lawyer on your side.

Let Herbert Law Group handle the negotiations, and you focus on healing from the trauma.

Call us at 214-414-3808, or fill out the contact form on our site and we will reach out for your free get-to-know-you conversation.

What Should I do After a Rear End Accident

rear end accident texas car wreck attorney

Rear End Accidents are Common, and Dangerous

Getting hit from behind can sneak up on you.  A rear end accident often happens with little warning, and can cause significant damage and injury.  Why are they so common, and how should we deal with them?

Let’s check in with the Car Crash Captain to see what he says about getting hit from behind in a rear end collision.

How Common are Rear End Accidents?

Depending on what statistics you look at, rear-end collisions account for about 28% of all crashes in the US any given year (some stats say as high as 33%).  Roughly 1.7 million car crashes are rear end collisions.

What this means is that if you were involved in a wreck, there’s a 1 in 3 or 1 in 4 chance that it’s a rear end collision.  The good news is that most of these wrecks are non-fatal (about 6% of them result in death).  The bad news is that the majority of them are easily prevented.

What are the Main Causes of Rear End Collisions?

There are three main causes of a rear end wreck.

Too Close – Often a car will strike the car ahead of it because they’re following too closely.  The vehicle ahead has to stop quickly (due to any number of reasons including animals, debris, another vehicle, a child, etc.), and the vehicle following crunches right into them.  Make sure you’re following 3 seconds behind the car ahead of you – at 50 mph that means you’re back 220 feet.

Too Extreme – Some collisions are caused because of extreme weather.  When the roads get wet, or iced over, they get slippery.  When they’re slick, your wheels can skid along them instead of gripping you to a stop.  A good rule of thumb is to double your following distance when the roads are slick; six seconds instead of three.

Too Distracted – An increasingly common problem is that drivers are paying more attention to their devices than to the road.  Even when following at a safe distance, distracted driving leads to a number of rear end accidents every year.  Just put the thing away – if you really need to check, pull over and use the device safely in a parked location.

What Common Injuries Result from Rear End Collisions?

If you’re hit from behind, there are some injuries that result much more frequently than others.  Some of the common injuries from a rear-end collision include:

  • Whiplash.  We talked about this neck injury in a recent blog.
  • Traumatic Brain Injury.  If hit hard enough, your head can smack against a part of the car.
  • Internal Organ Damage.  The sudden impact, even with a seat belt and airbag, can squish your organs.
  • Back Sprains/Strains.  When you pull your back and the muscles are damaged it’s a strain; when the ligaments and tendons are damaged it’s a sprain.
  • Slipped Disc.  The cushions between the vertebrae are called discs.  Back injuries can slip or tear one of those discs.
  • Fractures.  Just about any bone can be broken in a rear end collision – it all depends on how hard you were hit.

Herbert Law Group Helps You after a Rear End Accident

If you have been injured in a wreck, whether it was a rear-end collision or something else, you need a Texas car crash lawyer on your side.

The insurance companies will try to minimize your payout – in the long run it likely won’t cover all of your costs.  Herbert Law Group supports you, and fights on your behalf so you receive compensation that will cover all your expenses.

Let’s get started with a conversation about what happened.  Call us at 214-414-3808, or fill out the contact form on our site and we’ll get to know each other.

How Dangerous is Whiplash?

Car Crash in Texas results in Whiplash

Whiplash is a Common Car Accident Injury

But is whiplash dangerous?  The answer to that question can only be determined as, “Well, that depends.”  It depends on how bad the wreck was, what treatment looked like, if there were previous injuries or not, and other factors.

So, let’s tune in and see what the Car Crash Captain has to say about whiplash.  Let’s see how you should be treated, how to heal quickly, and how to proceed with your car accident settlement if you have suffered from this common neck injury.

What Causes Whiplash?

Whiplash can occur in a variety of situations, but it’s most commonly associated with being involved in a car wreck.  The sudden backward and forward motion can stretch, or tear, the muscles, tendons, and ligaments in the neck.

Modern vehicles are designed to reduce the likelihood of whiplash, but improperly adjusted headrests or other factors can mean that it still happens.

What are the Symptoms of Whiplash?

It is a neck injury, but often injuries in one part of the body show up in other areas.  If you have been involved in a wreck and your head whipped around a bunch, you might experience some of these common whiplash symptoms.

  • Neck pain and stiffness
  • Headaches
  • Reduced neck motion
  • Shoulder or upper back pain
  • Fatigue
  • Blurred vision
  • Difficulty or painful chewing and swallowing
  • Memory and concentration problems
  • Tinnitus

Depending on the severity of the whiplash, and if there are other complicating factors, your symptoms could range from mild, to severe.  The more severe symptoms can cause a serious impact on our day-to-day life, and can result in further injuries or complications.

How is Whiplash Treated?

The best treatment for whiplash is following your doctor or medical professional’s advice.  Only after a thorough assessment can the right course of action be taken.

Your doctor will conduct a physical exam.  Looking for redness, swelling, tenderness, and assessing your range of motion.

They may then have you sent in for an MRI.  This can look at the soft tissues in the neck and determine if there are tears or other damage.

Once it’s determined how severe your whiplash is, then a treatment plan can be developed.  Medication can help alleviate some of the pain you’re in, but then steps need to be taken to help the body heal as well.

  • Cold and hot packs can reduce inflammation and encourage blood flow.
  • Steroid injections may be and option to help reduce swelling, reduce pain, and hasten healing.
  • Plenty of rest and avoiding sudden movements are likely part of the solution.
  • For serious cases, surgery may be necessary.

Depending on how severe your whiplash is, it may be just a couple of weeks before you are healed, or symptoms could linger for months and even years.

How Serious is Whiplash?

The severity depends on many factors leading up to the crash.  Sometimes whiplash is painful, without being dangerous or serious other than mild discomfort.  Sometimes it can be life altering and have complications that last a lifetime.

Factors that influence the severity of your whiplash include:

  • Your age
  • Your medical history
  • How much force you sustained
  • How rigidly you follow the treatment plan

Receiving medical treatment right after your car crash will help to reduce the dangers associated with this common injury.

Herbert Law Group Helps Crash Victims

When you have been hit by someone else, you shouldn’t have to worry about anything.  When you’re trying to recover from injuries, like whiplash, you need to focus your attention and energy on actually recovering from those injuries.

That is why Herbert Law Group is here.

We deal with Texas car crashes every day.  We know what you deserve, we know the compensation you should be awarded, and we are ready to deal with the insurance companies to make sure they’re playing fairly.

Have you been injured in a wreck?  Then we should chat about it.  Call us at 214-414-3808, or fill out the contact form on our site, let’s talk about what happened and make sure we can help.

Maximize Actual Cash Value in a Car Crash Claim

Negotiating actual cash value texas car crash attorney

Insurance Companies will Try to Diminish Your Value

Seeking compensation from an insurance company often isn’t quite as easy as it sounds.  Sure, in a perfect world you would say “This is how much the wreck has cost me,” and the insurance company would cut you a check for that amount.  But when you’re dealing with a for-profit company, they want to pay out as little as possible and they do so by diminishing the actual cash value.

If you have been injured, then you absolutely need to hire a Texas car crash attorney.  If you were not injured, then pay attention to the Car Crash Captain’s advice on maximizing your claim.

Texas is a Modified Comparative At-Fault State

What’s that mean exactly?  Simply put, if you’re less than 51% at fault for the accident, then you can make a claim against the other driver’s insurance.  There are 12 states that are no-fault states – if you live there, it’s important to know what that means.

Repair or Replace the Vehicle?

When your vehicle is damaged, the insurance adjuster will assess what happened.  Depending on a variety of factors, your vehicle may be deemed repairable, or a total loss.

You have the right to choose which auto body repair shop you want to use for the repairs, and you have the right ask for original equipment manufacturer parts.  If the total cost from that repair shop comes in at less than the value of the vehicle, then your claim will likely be approved and repairs will be performed.

However, if the repairs are too expensive, then the insurer may offer you a settlement that is equal to the actual cash value (ACV) of the vehicle.  They take possession of the totaled vehicle, and you’re cut a check.

But wait a minute, what if you disagree?  Or what if the numbers are incredibly close?  For instance, suppose your vehicle is worth $15,000 and repairs to the vehicle will run $15,100 (keep in mind that all insurers have a threshold; for instance, some may say repairs can’t exceed 80% of the value of the vehicle).  If you’re up against that threshold, you can seek another repair quote in hopes that it will come in less than the threshold, and thus be approved for repairs.

Actual Cash Value of the Vehicle?

There is a little bit of a problem that comes with the idea of “actual cash value.”  This is determined by the insurance company based on the replacement cost, minus wear and tear.  Here’s where things can get tricky.

The value of your vehicle, that is the cost to replace with an identical or at least similar one, is likely higher than the actual cash value that the insurance company will offer.  Replacement cost is different than actual cash value (some insurance companies allow you to select replacement value instead of actual cash value).

To get the ACV settlement offer higher, incorporate some of these tips:

  • If the vehicle is your daily driver, consider the value of convenience, fuel economy, and comfort.  Searching for a replacement vehicle will take time and effort.
  • Look in classifieds and online for similar (or identical) vehicles.  Consider mileage, options, and damage.  Use those as examples of why your vehicle is worth more.
  • Include information on all upgrades.  If your vehicle is low mileage, or had a recent overhaul (like a new engine put in), make note of those.
  • Don’t accept a settlement you disagree with.

A very basic negotiation argument can look like this.  Suppose your vehicle is worth $15,000 and insurance is offering $12,000.  You can argue that with the upgrades you have done, and the comparable vehicles you have found online, that the actual value of the vehicle is closer to $20,000.  You are willing to accept $15,000 because you’ll be able to replace the vehicle without an extended search, meaning less in rental car reimbursements.

If they say no, then say that you’re sorry we can’t come to an agreement at this time.  Refigure your argument and try again.

Can I Claim Lost Personal Time?

Even if you recover what you wanted to from the wreck, you are going to be out a considerable amount of time.  You have to deal with the wreck, the repair shops, the police reports, and negotiate with insurance companies.

Can you bill the insurance company for all of this time you’ve spent dealing with the claim?  What if they’re not playing nice, and you spend even more time in negotiations than previously expected?

There’s a way to do this, but it might not work out completely in your favor.  Instead of using your personal time, use PTO time to take days off work.  Then, account for those days when you’re negotiating your settlement.  You needed the extra time to figure out this wreck, and were forced to take off work, and you need to be reimbursed for that time.

Visit with Herbert Law Group

Keep in mind that these negotiation tactics are just that: tactics.  They are designed to work better in your favor, but they aren’t legal advice or promises that all will be an easy process.

If your accident did involve injuries, then it’s best to let an attorney handle the negotiations, as there is much more room to ensure you receive compensation that covers all of your losses.  That’s where Herbert Law Group comes to help.  When you need a car crash lawyer in Texas, we are here to help.

Let’s talk about what happened.  Call us at 214-414-3808, or fill out the contact form on our site and we’ll get things rolling.

Navigating Personal Injury Law – A Comprehensive Guide From Herbert Law Group

law can be complicated, but with the help of an experienced personal injury lawyer, you can navigate the legal process and seek compensation for your injuries. At Herbert Law Group, we are committed to helping you understand personal injury law and how it applies to your case. We can help you evaluate the strength of your case, gather evidence, negotiate with the other party and their insurance companies, and secure the compensation you deserve. If you have been injured due to someone else’s negligence, contact us today for a free consultation.

Continue reading