Common Defenses by Insurance Companies in Houston Car Accidents

Insurance companies have an obligation to pay out for personal injury claims following motor vehicle collisions, but that does not mean they make the process easy. These companies make their profits by avoiding claims, and they will go to great lengths to do so.

Some of the common defenses by insurance companies in Houston car accidents are valid, but others can be raised in bad faith. It is important to rely on the support of skilled legal counsel to ensure you are treated fairly. A seasoned car crash attorney could push back against these strategies.

Pre-Existing Conditions

One of the most common defenses raised by insurance companies involves pre-existing conditions. These claims essentially suggest that a plaintiff’s injuries existed before the accident happened. It is possible for the insurer to accept that their driver was at fault but refuse to pay any damages because the injury happened elsewhere.

It is true that other parties are only liable for injuries they cause. However, it is still possible to secure a settlement from the insurance company for a pre-existing condition. For a claim to be successful, it is necessary to show the accident either worsened or re-aggravated a pre-existing injury.

No Liability

Insurance companies will often insist that the defendant was simply not liable or negligent for the car crash that occurred. A Houston lawyer could investigate the crash and look for evidence that proves the defendant holds liability and took action that led to the incident, such as witness statements or video footage.

Lack of Coverage

Insurers can also claim that a policy was not in place at the time of an injury. These companies only have an obligation to pay for an accident if the at-fault driver was actively covered at the time of the crash.

In some cases, insurers might deny coverage and even cancel policies based on the terms of the agreement. For example, they might try to revoke a policy based on their insured causing an accident while driving on a suspended license. There are times when the insurance company might take this approach to avoid a valid claim.

Failure to Mitigate

Injury victims have an obligation to mitigate their damages when they are injured in a crash. An insurance company in Houston could raise the defense of failure to mitigate when the injured party fails to do so, meaning they allowed the damages to worsen unnecessarily. One example is the failure to treat an injury, leading to additional medical bills than would otherwise be required.

Statute of Limitations

The statute of limitations applies to all car accident claims. This legal deadline can be a major pitfall, as violating it can lead to the court dismissing a lawsuit with prejudice. If an accident case is time-barred, insurance companies have no obligation to negotiate a settlement.

In general, plaintiffs have two years to pursue an injury claim. This two-year time period starts counting down on the date of the accident. As soon as the time limit expires, the insurance company can refuse to settle a claim even when there is no doubt who was at fault.

There are some exceptions that can extend the amount of time to file a lawsuit, but insurance companies might not take these into account when denying a claim. An attorney can ensure the statute is followed.

Learn More About Common Defenses Used by Insurance Companies in Houston

These are only a few of the most common defenses that insurance companies in Houston use when their insureds are confronted with car accident claims. You could still recover the compensation you deserve by aggressively pursuing damages with the help of a personal injury attorney. Reach out right away to learn more.