If you’ve been involved in a car accident in Cameron County, Texas and you’re seeking compensation from the insurance company, you may encounter a number of defenses that the insurance company may use to try to avoid paying your claim. Here are some common defenses that insurance companies may use in car accident cases in Cameron County:
- Contributory negligence: One defense that insurance companies may use is the defense of contributory negligence. This means that the insurance company may try to argue that you were partially at fault for the accident, which could reduce the amount of damages you’re able to recover.
- Comparative negligence: In some cases, the insurance company may use the defense of comparative negligence, which means that they’ll try to argue that both you and the other driver were at fault for the accident. If this defense is successful, the amount of damages you’re able to recover may be reduced based on your percentage of fault.
- Lack of causation: Another defense that insurance companies may use is the defense of lack of causation. This means that the insurance company may try to argue that the accident didn’t cause your injuries or damages, and that you’re seeking compensation for unrelated injuries or damages.
- Pre-existing injuries: The insurance company may also try to argue that your injuries were pre-existing and not caused by the accident. In order to overcome this defense, you’ll need to provide evidence that your injuries were caused by the accident.
- Fraud: In some cases, the insurance company may claim that you’re committing fraud by seeking compensation for injuries or damages that didn’t actually occur. To overcome this defense, you’ll need to provide evidence to support your claim.
In conclusion, insurance companies may use a number of defenses in car accident cases in Cameron County, Texas in an attempt to avoid paying your claim. Some common defenses include contributory negligence, comparative negligence, lack of causation, pre-existing injuries, and fraud. It’s important to be aware of these defenses and to be prepared to provide evidence to support your claim in order to increase your chances of success. An experienced car accident lawyer can help you anticipate and overcome these defenses and advocate for your rights. Overall, it’s important to seek the advice of a lawyer to help you navigate the legal process and increase your chances of receiving the compensation you deserve.