People who try to handle their own injury claims often fail. This is illustrated in the case of Windell Gilbert vs. Cherish Fitz. A verbal settlement with the 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.
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. They wanted to discuss the accident and the injuries. The plaintiff agreed to give a recorded statement over the phone. In the statement, the plaintiff and the adjuster agreed to settle the case. They decided on reasonable medical expenses on the day of the crash. Additionally, they agreed to $500.
Read More: How to Negotiate a Settlement with an Insurance Claims Adjuster
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. It 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:
Read More: What To Do When The Adjuster Won’t Return Your Calls After An Accident
In summary, this case shows that if someone hurt in an accident agrees to a settlement by phone, they may have to keep it. This is true even if the agreement is not good or fair.
A common mistake personal injury victims make is talking to an insurance adjuster too soon after an accident. This often involves giving a recorded statement. They often do this before understanding 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. There are many tactics adjusters can use against inexperienced claimants.
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
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