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.

Understanding how a Serious Injury can Affect Your Life

There’s no wreck that won’t change your life.  Some, however, will have more drastic and severe impacts.  If you crash and there are no injuries, there will still be a whole lot of frustration trying to get repairs scheduled or a replacement vehicle purchased.

If you crash, and you do suffer serious injuries, you still have all of that stress to deal with while trying to navigate repairs or replacements, and you have to worry about healing from those injuries.  Sometimes, such as after a back or neck injury, your life could be permanently changed.

Let’s check in with the Car Crash Captain and learn about one of the most common serious injuries you may suffer in a Texas car accident.

Different Types of Back Injuries

Back injuries can run the entire gamut, for purposes of this blog, we are focusing more on spinal cord injuries, and less about muscle related injuries.  Any injury to the back can be painful and have significant long-term effects.

Most spinal cord back injuries will fall into one of two categories.

Incomplete Injuries – An incomplete spinal cord injury is one where the back has been injured and the cord damaged.  However, the damage to the spinal cord is partial, and the victim may still have mobility and recovery is possible.

Complete Injuries – A complete spinal cord injury results in permanent damage.  With today’s medical technology, the injury is so severe that repair and rehabilitation is not possible.  Most likely some form of paralysis occurs.

Since the back and neck is such a large part of the body, these injuries are generally broken down into four different regions.

Sacral: Where the injury is very low on the back, near or on the sacrum (just above the tailbone).  Some loss of leg and hip movement can occur with an injury at this location.

Lumbar: The lower back area.  Depending on the severity, a victim may lose the use of legs completely, or need a walker or braces to maneuver.

Thoracic: About the middle to upper part of the back.  A complete injury that results in paralysis means the stomach, pelvis, legs and feet are all affected.  Usually shoulder, arms, and hands aren’t affected.

Cervical: Located above the shoulders; most of the neck.  An injury here can result in complete paralysis from the neck down.

Basically, from the bottom of the head, to the tailbone, the back and neck are vulnerable to the trauma you could sustain in a major car crash.

Long Term Consequences of a Back Injury

There are the obvious health issues that can come up when you sustain a serious back injury in a car accident.  There are, however, many more than fall outside of the paralysis complications.

Back injuries can lead to:

• Sexual Dysfunction
• Chronic Pain
• Incontinence
• Increased Risk of Heart Problems
• Increased Risk of Lung Problems
• Inability to Regulate Temperature

Modern medicine, as well as physical therapy and rehabilitation can help to alleviate some of these issues.  However, a damaged spinal cord is difficult to repair, and the long-term effects can dramatically change the course of a victim’s life forever.

Costs Associated with a Back Injury

Those physical issues that arise after a serious back injury lead to financial problems as well.

Some back injuries can be “fixed” with regular chiropractor visits.  Regular adjustments may provide the pain relief necessary without further rehab involved.

However, more serious back injuries after a Texas car accident can result in much higher costs.  If your neck is broken and you’re left without control of your body from the neck down, lifetime expenses easily soar into the millions of dollars; up to $5 million is not an unreasonable expectation.

Consider, it’s not just the medical expenses you’re faced with.  A serious back injury that leaves you in a wheelchair means your living space needs modified to accommodate the wheelchair, transportation is now much more difficult, accommodations must be made at work, and medical devices will be necessary.  That’s not even factoring in mental healthcare that is bound to be necessary with such a dramatic life change.

Herbert Law Group Helps Texas Car Accident Victims

If you have been injured in a car accident, your only focus should be getting your life back on track.  Sometimes that means a complete healing, and sometimes it means learning how to live life a new way.

Regardless of how serious your injuries are, a car accident lawyer will help you with the legal issues of dealing with the insurance companies.  Don’t go it alone, let Herbert Law Group fight on your behalf.

To get started, we just need to find out what happened to see how we can help.  It’s a simple phone call to 214-414-3808, or you can fill out the contact form on our site and we’ll be in touch with you shortly.

How to Avoid Financial Loss after a Car Wreck

A new car, anymore, can run you $30,000 and up.  It’s not a purchase that many people can enter into without some planning, finding a lender, and then shopping for the best deal around.  It’s pretty easy to see that a car wreck that destroys a new, or even new-ish, vehicle can be expensive.  But have you considered the hidden costs of a car wreck?

There’s a whole lot more than meets the eye when you’re involved in a car crash.  If you were the victim, and you sustained injuries, those hidden costs increase dramatically.  Let’s take a look at what the Car Crash Captain has to say about the hidden costs of a car wreck.

Understanding What Hidden Costs Actually Are

Hidden costs are those that we tend to overlook at first.  The fact that it will cost $30,000 to replace your vehicle isn’t exactly hidden, because we know how much a replacement vehicle costs.  The hidden costs are those that insurance companies hope you overlook, so that you accept a settlement offer that is lower and they don’t have to pay out as much.

Costs of Filing New Paperwork

Have you bought a vehicle from the dealer, and when you sat down to sign all the paperwork, they hit you with a line like this, “This price does not include the mandatory, and un-waivable, dealership paperwork fee of $550…”?  It’s a sneaky way to grab a little extra cash right at the end, and most people don’t account for it when determining how much it will cost to replace a wrecked car.

Add on the costs of going down to the motor vehicle department, registering, titling, and everything else that it takes to get a vehicle transferred to your name, and those hidden costs can soar into the thousands of dollars.

Costs of Going to Court

Many car accident cases are settled out of court.  But there are those that end up going to court where you will have to be present if you want the full settlement.

How much will that cost in missed work, childcare, and not to mention the emotional toll?  Even if you were merely a witness to someone else’s wreck, you could be called in and incur costs.

Costs of Replacing Broken or Lost Items

Most broken or missing items can be replaced.  If you were driving around with a car full of crystal vases, all of which shattered in the crash, those can be accounted for.

Now consider if they were antique and irreplaceable vases.  Or maybe it was family photos from 100 years ago, and the vehicle caught fire.  Or perhaps your pet was with you and they didn’t survive the wreck.  What is the cost to “replace” those items?

Costs of Rehabilitation

The human body has an amazing ability to regenerate and heal itself.  Imagine if your vehicle was wrapped in a surface that when scratched it scabbed over and repaired itself the same way our skin does?

Minor injuries, like scrapes, don’t require a lot of attention.  But major ones can take years of physical therapy and rehab to restore motor functions of everyday life.  How much time will it take to get there?  Will the insurance company be generous, or try to negate the PT that it’s going to take?

Costs of Mental Healthcare

You don’t have to go to war to suffer from PTSD.  Any traumatic experience can come back and cause mental health issues; even long after that event has passed.

Other mental healthcare necessary after a major car wreck can include anxiety when driving, depression, and more.  These effects can carry into other areas of life if they’re not addressed.

Costs of Unfulfilled Goals and Dreams

Take the life of an avid outdoors man or woman.  They run, hike, climb mountains, paraglide through wild and exotic locations.  Suppose a dream is to summit every state high point in the next few years.  And then they’re paralyzed in a wreck.

What is the cost of those dreams and goals that can never be attained now?  How can those be accounted for?

Herbert Law Group Helps Reduce the Burden of a Car Wreck

After a major car wreck, the hidden costs are always going to be there.  Many people feel that finding a car wreck lawyer will delay their settlement, or even diminish the amount they receive.

A great attorney, like Herbert Law Group serving the as car wreck lawyers for the Dallas area, understands all the costs, what it will take to recover, and how to argue for you so that you can focus on healing.

Let’s chat about what happened and see how the Car Crash Captain can help.  Call the office at 214-414-3808, or fill out the contact form on our site and we’ll be in touch for your free initial consultation.

How to Use Self-Care to Heal Quickly

Self-care is a hot topic these days.  We talk about taking days off work for mental health and self-care.  We know the importance and know that we should be scheduling this into our lives.

What we often don’t realize, however, is that self-care doesn’t stop when you’re outside of your routine.  We see it as a way to take a break from what’s going on, and reset ourselves so we can get back at it.  When you’ve been injured in a car wreck, often one of the first things to head out the window are those self-care activities.

Let’s take a look at how the Car Crash Captain says we should ensure that we are taken care of, outside of what the doctors are recommending.

How to do Self-Care After a Car Wreck

This is not to be taken in place of what the doctors tell you to do.  If it comes down to a self-care tip, or follow the doctor recommendations, absolutely do what the doc says.  Our goal here isn’t to cover the stuff you know you need to do: go to your doctor, do your physical therapy, be open and honest with your personal injury lawyer, and the like.

Get Some Rest

The body heals when it rests.  Far more than any supplement, medication, or diet change, your body needs to rest so that it can heal properly.  Too many people, however, try to push this one to the back.

Our culture today says, “Go! Go! Go!”  And if you’re not busy, then you’re lazy and doing it wrong.  There’s nothing wrong with getting a lot done and experiencing that productivity you crave.  But right now, healing is the productivity you need.  That comes from resting, and letting the body do what the body does.

Go Get a Massage

After a wreck, your body can get disheveled.  Joints might be out of place, and a visit to the chiropractor is in order.  But there’s a bit more that’s going on here.

If your joints are out, and you have them moved back into place, you might experience a bit of pain.  The body’s reaction is to tense up, and the muscles can actually pull your joints back out of place.  That massage will relax and loosen you up so that the muscles won’t be undoing any chiro work you have done.

Take a Look at your Diet

One of the biggest things holding us back, is the way we eat.  In all aspects of our health, even for those who have never been injured in a car wreck, small changes in the diet can dramatically change the way we feel and perform.

So, what needs changed?  There is largely one thing packed into what we eat that is creating problems: sugar.  That’s especially true with anything that’s processed.  Sugar tastes good, we enjoy it, but it dramatically slows down how our body is able to heal.  Eating more whole foods, and incorporating spices like turmeric (a natural anti-inflammatory) can help you feel better and heal faster.

Monitor your Fluid Intake

Our bodies are made up of 60% water.  We function best, and heal best, when we have all that water replaced on a regular basis.  Most people are actually chronically dehydrated, simply because we don’t bring in enough fluids.

But there’s a catch to that.  Not all fluids are equal.  We know that sugar is holding us back from our ultimate healing goals, but coffee (and other caffeinated beverages) and alcohol dry us out even more.  Take care of yourself, especially as you heal from a car crash related injury, and ditch the sodas and alcohol so your body can make the most of the fluids you take in.

Keep Getting Rest

Yep, it’s on there twice because it’s really that important.  If your body needs another week to rest and heal, take another week off of work.

During this time your only focus should be to heal.  That’s why you have Herbert Law Group on your side; let us focus on the other stuff.

Get Help with the Legal Stuff from Herbert Law Group

Whether you were injured, or a family member lost their life, Herbert Law Group is here to take the stress away.  You shouldn’t have to worry about that wreck and what’s going to happen in the next few weeks or months.  And you don’t have to!

Let’s start it off with a conversation.  Call us at 214-414-3808, or fill out the contact form on our site, and we’ll chat about what happened, and determine how we can help.

Drunk Driving has Decreased, but it’s Still a Problem

In 2021, the latest year statistics were available, there were over 25,000 drunk driving crashes in Texas.  Those wrecks resulted in 1,029 fatalities; about 3 every day.

Even though fatal accidents caused by drunk drivers are on the decline, it is still a huge problem in Texas and around the rest of the country.  Despite rideshare availability, people make poor judgements when driving, and that can end up costing someone their life.

If you’re hit by a drunk driver, do you know what to do?  Do you know what to expect?  Would you even be able to handle the stress of everything while you’re injured and trying to recover from those injuries?  Let’s take a look at what the Car Crash Captain has to say about being hit by a drunk driver in Texas.

Make Sure the Police Show Up

If you’re in a minor fender bender, you don’t have to have the police come.  In fact, it’s often best to just exchange information, get agreement on what happened, and let insurance fix the vehicle.

But if you’ve been hit by a drunk driver, a serious crime has been committed.  We’re not talking about a fender bender anymore; we’re talking about a criminal that needs to be dealt with.  When the police come, they can create an official report.  That report is essential in helping to prove your case when you’re seeking compensation for damages, because you may need to seek compensation from more than the insurance company.

Get Medical Attention Right Away

Immediately following a wreck, you might not feel that much pain.  Your body has a way of overriding those pain indicators so that you can find safety.  Then, when you’re in a safe place the body calms down and you realize that you’re pretty badly hurt.

Seeking medical attention allows you to start that paper trail that shows you did indeed get the advice from a medical professional.  Then, even if aches and pains start to pop up, or you have major internal injuries that only come to light later, it will be harder for an insurance company to deny your claim.

File a Report with the Insurance Companies

You will want to work with a professional car wreck lawyer, like Herbert Law Group, you also need to start the claim process with the insurance companies.  But you will also want them to know that you’re not giving out any information, and that all questions should go through your personal injury lawyer to ensure that they can’t twist around your information and deny the claim.

Understand the Legal Issues Going On

Being injured in a wreck has a lot of complications.  Being injured in a wreck caused by a drunk driver is quite different.

As we indicated above, the other driver has committed a crime.  This means that not only were you injured due to their negligence, but also while they were engaged in criminal activity.  But they might not be the only party to blame; there are issues that stem from if they were served the alcohol, and why they were allowed to drive.

You Might have to File a Civil Suit

In a drunk driving case, there is more going on than a negligent driver.  The very fact that the other motorist was drunk makes him or her negligent (that’s one reason you need that police report, it will indicate their blood alcohol level; driving over the legal limit means acting negligently), but compensation can go into the punitive range as well.

A civil suit against the other driver, or even against the bar or establishment that served them beyond the point of intoxication could come up.  It can get difficult, complicated, and cumbersome.  Especially if you’re severely injured and unable to put all the energy into dealing with courts, insurance companies, hospitals, and more.

Herbert Law Group Helps with the Tough Stuff

The good news: you don’t have to worry about any of that.  When you enlist the help of Herbert Law Group, we take over and make sure all the legal stuff and insurance stuff is handled.  We keep you informed throughout the entire process so you know exactly what is going on and how close we are to finding a settlement that will award you the compensation that you need and deserve.

To get things started, we have to get to know you!  If you were injured in a wreck with a drunk driver, or a loved one was killed in a wreck with a drunk driver, let’s talk about what happened and see how we can help.  Call us at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.