Available 24X7
(281) 587-1111
(281) 587-1111
(281) 587-1111
January 13, 2017 by Greg Baumgartner
People who try to handle their own injury claims often fail. This is illustrated in the case of Windell Gilbert vs. Cherish Fitz, where a verbal settlement with adjuster could have changed the outcome. The case was heard in the Court of Appeals in the Fifth District of Texas at Dallas. The case number is 05-16-00218-CV. View the case.
In the Gilbert case, a person who was hurt in a car accident tried to talk to the insurance adjuster on their own. They talked on the phone and agreed to take $500 and payment for their medical bills from the day of the accident.
The injured person’s car was hit from behind by another driver, and he was taken to the hospital in an ambulance. At the hospital, he was treated for a neck injury, a fractured wrist, and a fractured rib.
A week later, the insurance adjuster for the driver who hit the plaintiff called to talk about the accident and injuries. The plaintiff agreed to give a recorded statement over the phone. In the statement, the plaintiff agreed with the adjuster to settle the case for reasonable medical expenses on the day of the crash, plus $500.
The insurance company promptly sent a letter to the victim with a check for $500, which contained release language on the check. The victim never cashed the check upon advice from an attorney he hired to help him with the case.
A lawyer for the victim sued for fair compensation, and the victim’s insurance company countersued for breaking a deal to settle. Ultimately, the insurance company won the case by summary judgment and was awarded $10,000 attorneys’ fees on top of the verdict.
There are some easy lessons for someone handling their personal injury case from this fact situation:
In summary, this case shows that if a person injured in an accident agrees to a settlement over the phone, they may have to stick with it even if it’s not a good or fair agreement.
One common mistake personal injury victims make is giving a recorded statement to an insurance adjuster soon after an accident before knowing the full extent of their injuries.
Some people might want to work together with the insurance company. In that case, it’s best to give a statement to the adjuster without recording it. We advise you not to make any statements without first talking to a qualified attorney.
No law requires giving recorded statements to the other person’s insurance company pre-litigation. This case shows how insurance companies can exploit people who try to handle their cases without a lawyer.
Here are 5 things to know about car accident settlements in Houston.
Call the Baumgartner Law Firm at 281-587-1111 for a no-obligation consultation on a Texas personal injury claim.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
Handling a State Farm Car Accident Claim
Secrets of Handling Your Own Personal Injury Case- Revealed!
Top 10 Insurance Company Tricks for Car Accident Victims in Houston
Accounting After An Injury Settlement in Texas
The Likelihood of Your Car Accident Case Going to Court
5 Things the Injury Adjuster Does Not Want You to Know
How to Deal with a Low Settlement Offer
Why You Need a Car Crash Lawyer
How Much to Expect from a Car Accident in Texas?
What are Most Lawyer Fees for Car Accidents?
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
NEED HELP? HAVE QUESTIONS?
