If you’ve ever felt overwhelmed at the thought of dealing with a car accident settlement, you’re not alone. Tens of thousands of Texans are in the same boat every year, staring at mounting hospital invoices or wondering if that lowball insurance offer is the best they’ll get.
It’s time to get answers. Every decision you make now directly impacts your settlement—and your future.
Don’t leave money on the table. Call Houston car accident attorneys today at (713) 489-0922 to speak with attorneys who know how to level the playing field and make the system work for you.
The Anatomy of a Car Accident Settlement
A car accident settlement boils down to one thing—fair compensation. This will cover your medical bills, lost income, property damage, and pain and suffering.
Under Texas law, which follows a modified comparative fault system (Tex. Civ. Prac. & Rem. Code § 33.001), the amount you can recover depends on your percentage of fault. If you’re more than 50% responsible for the accident, you’re out of luck. That means the game isn’t just about proving the other driver’s fault—it’s about protecting your own percentage as well.
Once you’ve reported the accident and started the claims process, you’ll hit the heart of the settlement: the demand letter. Think of this as your opening bid. It’s a formal document sent to the at-fault driver’s insurance company detailing:
- The injuries you sustained and their medical cost.
- The damage to your vehicle.
- The wages you lost while you were laid up at home.
- The mental and physical toll of the accident.
This letter isn’t a shot in the dark. It should be backed by police reports, witness statements, and stacks of medical records. If you’re working with an attorney, they’ll build this case for you and make it airtight.
But here’s the twist: the insurance company isn’t going to hand over a fair check just because you asked nicely. They’ll come back with their own number, and we won’t sugarcoat it—it’s usually far lower than what you actually deserve. That’s when the real work begins: negotiation.
Our goal as attorneys during this process is to get you the entire compensation you deserve under the law—not a penny more or less. This is where the right representation makes the difference between a settlement that feels fair and one that makes you feel like you settled too soon.
How Settlements Are Calculated
The amount you walk away with from a settlement is calculated based on specific, tangible factors that fall into two buckets: economic damages and non-economic damages.
Economic Damages
Economic damages are the easiest to quantify because they’re based on actual, documented costs. Under Texas Civil Practice and Remedies Code § 41.001, these damages include:
- Medical Expenses: Everything from your initial ER visit to long-term physical therapy. Keep every bill, receipt, and treatment plan. The insurance adjuster doesn’t care about your pain unless it’s on paper.
- Lost Wages: If you’ve missed work due to injuries, the settlement compensates you for those lost paychecks. Future earnings are also fair game if your injuries affect your ability to work long-term.
- Property Damage: Your car doesn’t fix itself. The cost of repairing—or replacing—your vehicle is a straightforward part of the settlement.
Non-Economic Damages
Non-economic damages are trickier. They cover the impact the accident has on your quality of life—think pain, emotional distress, and how it feels to not be able to pick up your kid without wincing.
Insurers use a formula to assign a dollar value to non-economic damages. One common method is the multiplier method:
- Add up your total economic damages.
- Multiply that number by a factor, usually between 1.5 and 5, depending on the severity of your injuries.
For example, if your medical bills and lost wages total $50,000 and the multiplier is 3, your non-economic damages could hit $150,000.
Factors That Influence the Final Settlement
Your settlement amount is shaped by real-world factors like:
- Liability: If there’s clear evidence the other driver was at fault, like a police report or traffic cam footage, your case gets stronger—and more valuable.
- Insurance Policy Limits: If the at-fault driver only carries the state-minimum liability coverage ($30,000 per person/$60,000 per accident in Texas), your payout may hit that cap unless you sue.
- Injury Severity: A broken arm is one thing; a traumatic brain injury is another. The more severe your injuries, the higher the settlement tends to go.
- Your Attorney’s Skills: Let’s be real—your attorney’s ability to negotiate (and their willingness to take the case to court) directly impacts the settlement amount.
The Negotiation Process: How Insurance Companies Play Dirty and How We Push Back
Insurance companies aren’t in the business of handing out generous checks to make you feel better. They’re in the business of making money, and every dollar they pay you is a dollar less for their bottom line. But here’s the good news: we know how to flip the board and level the playing field.
The Insurance Company’s Playbook
Here’s how they try to minimize your payout:
- The Lowball Offer: The first offer typically far below what you actually deserve under the law. Why? Because they’re betting you’re too overwhelmed to fight back.
- Delaying Tactics: "We’re still reviewing your claim.” “We need more documents.” “The adjuster handling your case is out of the office.” Every delay is designed to frustrate you into settling out of desperation.
- Blame-Shifting Shenanigans: The adjuster might subtly (or not so subtly) suggest that you were partly at fault. Maybe you were driving too fast, or you didn’t react quickly enough. Remember, under Texas law, if they can prove you’re more than 50% at fault, you get nothing. But even if they can get the number up to 20-30%, that’s thousands shaved off what they owe you.
- Challenging Medical Claims: “Your injuries aren’t as bad as you say.” Or, “That back pain? Probably pre-existing.” They’ll nitpick every treatment, every bill, and even try to send you to one of their doctors for an “independent” medical exam.
- Downplaying Pain and Suffering: Pain isn’t quantifiable, and they know it. So, they’ll argue your non-economic damages don’t deserve a hefty payout.
How Suits & Boots Accident Injury Lawyers Turns the Tables
We’ve seen these tactics before—and we’re ready for every single one of them.
- Building an Ironclad Case: From day one, Suits & Boots Accident Injury Lawyersgathers the evidence insurance companies hate to see. By the time we’re done, there’s no wiggle room for the insurer to twist the facts.
- Demand Letters That Hit Hard: Our approach is simple—justify every dollar with hard evidence.
- Countering Blame-Shift Tactics: When insurers try to pin some of the fault on you, we don’t flinch. We dig into the evidence and dismantle those arguments piece by piece.
- Calling Out Lowball Offers: We know the difference between a negotiation tactic and an outright insult. We push back against unfair offers with facts, figures, and the unspoken promise: “We’ll see you in court if we have to.”
- The Litigation Card: Thankfully, when insurance companies see a claimant has legal representation, they quickly come back down to earth and rarely let it come to that. Insurance companies hate trials—they’re expensive, unpredictable, and can lead to massive payouts. By showing we’re willing to go the distance, we force insurers to think twice about playing hardball.
When Negotiations Stall: What Happens Next?
Not every car accident settlement wraps up neatly with a handshake and a check. In a small fraction of cases, negotiations hit a wall. So, what now?
Filing a Lawsuit
If settlement talks break down, your attorney may recommend filing a lawsuit. This doesn’t mean you’re heading straight to trial—it’s a power move. Filing a lawsuit forces the at-fault party’s insurer to take your claim seriously, especially when the prospect of litigation is on the table.
Once the lawsuit is filed, the process shifts into a new phase: discovery. This is where both sides gather evidence to support their arguments. Discovery involves:
- Depositions: Sworn statements from you, the at-fault driver, witnesses, and sometimes even experts like accident reconstructionists.
- Document Requests: Everything from your medical records to the other driver’s insurance policy details.
- Interrogatories: Formal questions each side must answer under oath.
Discovery is about building a case so strong the other side starts sweating—because a well-documented claim usually leads to a better settlement offer before trial.
Mediation
Before a trial date is set, many car accident cases go through mediation, an informal negotiation facilitated by a neutral third party. The mediator doesn’t make decisions but helps both sides inch closer to a resolution.
Mediation works because it saves time and money for everyone involved. But if the insurer still won’t play ball, it’s time to suit up for court.
Going to Trial
When all else fails, your case goes before a judge or jury. Trials are a gamble, but they can pay off big when the evidence is on your side. Judges and juries aren’t constrained by policy limits—they can award damages based on the actual impact of the accident, not just what an insurer wants to pay.
The Upside of Litigation
While going to court sounds intimidating, it’s often the leverage needed to reach a fair outcome. Most cases settle before a trial begins, but when they don’t, having a strong legal advocate ready to fight makes all the difference.
What Happens If the At-Fault Driver Is Uninsured or Underinsured?
Before panic sets in, let’s unpack how this works in Texas, what your own insurance might do for you, and how we will help you chase down compensation like a heat-seeking missile.
Texas Insurance Requirements: What’s Supposed to Happen
In Texas, every driver is required to carry liability insurance. The bare minimum, often called 30/60/25 coverage, includes:
- $30,000 for bodily injury per person.
- $60,000 total for bodily injury per accident.
- $25,000 for property damage.
But let’s be real—minimum coverage isn’t always enough, especially if the accident involves multiple injuries or extensive vehicle damage. And here’s the kicker: some people don’t even carry this protection.
Driving without insurance in Texas is illegal under Tex. Transp. Code § 601.051, but that doesn’t stop thousands of drivers from rolling the dice every day. When one of those drivers smashes into you, their lack of insurance affects your future too.
How Uninsured/Underinsured Motorist Coverage Saves the Day
Here’s the good news: if you planned ahead, your own insurance policy might include uninsured/underinsured motorist coverage (UM/UIM). This is optional in Texas, but insurers are required to offer it (Tex. Ins. Code § 1952.101).
If you have UM/UIM coverage, here’s what it does:
- Uninsured Motorist (UM) Coverage:
- Steps in when the at-fault driver has no insurance at all.
- Covers your medical expenses, lost wages, and pain and suffering up to the policy limits.
- Underinsured Motorist (UIM) Coverage:
- Kicks in when the at-fault driver’s insurance doesn’t cover all your damages.
- Pays the difference between their policy limit and your actual expenses, up to your UM/UIM limits.
For example, if the at-fault driver’s liability coverage maxes out at $30,000 and your damages total $60,000, your UIM coverage will fill in the $30,000 gap.
Legal Options When Insurance Isn’t Enough
If the at-fault driver doesn’t have enough coverage—or any at all—and you didn’t opt for UM/UIM protection, don’t give up hope just yet. We will help you explore other ways to recover damages, including:
- Suing the At-Fault Driver Directly:
- You can still file a lawsuit against the uninsured driver to recover damages.
- Tapping Into Personal Umbrella Policies:
- Some drivers carry personal umbrella insurance, which provides extra liability coverage beyond standard policies.
- We will dig into the at-fault driver’s financial situation to see if this applies.
- Bad Faith Claims Against Your Own Insurer:
- If you have UM/UIM coverage and your insurer drags its feet or denies a legitimate claim, you may have grounds for a bad faith lawsuit.
- Texas law protects policyholders from unfair treatment by their own insurance company (Tex. Ins. Code § 541.060).
- Exploring Employer Liability:
- If the at-fault driver was on the job during the accident, their employer may share responsibility under Texas’s respondeat superior doctrine.
Get Back What You’re Owed with Brar Law
Insurance companies love it when you don’t know your rights—they count on it. Every day you wait to act is another day they try to stack the odds against you.
Don’t let them get away with paying less than you deserve. With Suits & Boots Accident Injury Lawyers in your corner, you’ll have a legal team that knows the tricks and isn’t afraid to call their bluff.
Call Suits & Boots Accident Injury Lawyers today at (713) 489-0922, and let’s start turning your car accident nightmare into the compensation you need to move forward.