Getting into an accident is often easier than trying to recover compensation. The process is a little more complicated than simply contacting the insurance provider. There’s a process that must be followed and various laws to pay attention to.
To help ensure you can receive compensation, here’s what you should know about the process for filing a Texas car accident claim.
Before you start calculating your damages, it’s a good idea to familiarize yourself with Texas insurance laws. Don’t worry, the laws aren’t too complex but they can impact your accident claim.
Texas is an at-fault insurance state. You file an accident claim with the at-fault party’s insurance provider. What happens if the other driver isn’t carrying at least the state’s minimum insurance requirements? You have a couple of options. You can file a lawsuit against the party responsible for causing the accident. This is a personal lawsuit against the at-fault party and not an insurance company.
However, if the individual isn’t carrying insurance chances are they can’t afford to pay a settlement if your case is successful. Your other option is to go through your insurance provider but this depends on your type of coverage. For example, if you only have a limited liability policy you can’t claim damages for the accident. If you have full coverage there’s a good chance you can recover some compensation for your losses.
Okay, now that you know you turn to the at-fault individual’s insurance carrier for compensation it’s time to look at Texas’s other insurance law.
The Lonestar State follows comparative negligence guidelines. This rule lets more than one individual or entity assume blame for an accident. How much blame can you be assigned and still be able to file a personal injury claim? You can assume up to 50% of the blame and still file a compensation claim. However, your compensation amount is reduced by your percentage of fault.
Process for Filing an Accident Claim in Texas
You’ve established that the other party is insured and comparative negligence rules aren’t preventing you from filing an injury claim.
Now it’s time to start the claim process. Don’t panic, the process isn’t too complicated but you will need to provide some evidence.
Report the Accident
Texas has laws governing when an accident must be immediately reported and when you can wait. Any accident resulting in injuries, fatalities, and/or property damage exceeding $1,000 must be immediately reported. Otherwise, you can wait up to ten days before notifying the authorities.
Sometimes, waiting to report the accident can seem like a good idea. Waiting for the authorities to arrive can take a while and you probably have other things to do. Even if you can legally leave the accident scene, it’s rarely recommended. Evidence can get lost or the other involved party can file a claim first.
Their version of events may not match yours and this can cause problems with an accident claim. You may end up being assigned more than your fair share of the blame and there’s little you can do without supporting evidence.
Document the Accident Scene
Don’t worry about turning into an amateur detective if you sustain serious injuries. Your health takes priority. However, if you’re able, try to document the accident. Don’t go overboard and start interrogating witnesses or the other involved party. This is a job for the professionals.
What you can do is grab your smartphone and start using the camera app. Take pictures of any property damage and visible injuries you may sustain. If it’s an auto collision, try to get a picture of where your vehicle ended up. The position of your vehicle can help establish fault.
You can get contact information from any witnesses but don’t start discussing the accident. The at-fault party’s insurance adjuster is going to interview the witnesses and any statements you make can be used to try and reduce the value of your claim. For example, if you tell a witness you’re not injured the insurance company may try to deny any medical expenses included in your claim.
Don’t forget to look for any surveillance cameras. The cameras are everywhere and chances are there’s footage of the accident. You’re probably not going to be able to walk away with the video but your personal injury attorney can subpoena the footage.
Gather Your Evidence
Filing an accident claim means providing the insurance company with plenty of evidence. You need to support every damage listed in your claim.
Your accident report is always a crucial piece of evidence. The report often indicates fault and can even help support your included damages. Your accident report is usually ready for pickup in about ten days.
Your medical records, bills, and receipts help support any injuries you may be seeking compensation for. If you’re trying to recover property damage expenses, you need to provide proof in the form of bills and estimates.
Some injuries are severe enough to force you to miss work. Your economic damages can include lost current income. This means gathering your pay stubs, tax records, and possibly even a letter from your employer. The same applies if you’re also claiming lost future income.
Contact the Insurance Company
Contacting the insurance company doesn’t mean you’re ready to file an accident claim. This is only a step in the process. All you’re doing is letting the insurance company know you’re getting ready to file a claim. This can help get the ball rolling and potentially speed up the process.
What you don’t want to do is get into detail about the accident. Save this information for when you submit your claim.
Discuss Your Accident Claim with a Personal Injury Attorney
While this isn’t a required step in the legal process, reaching out to an experienced personal injury attorney is one that most accident victims should consider taking.
From helping you gather evidence to calculating your economic and non-economic damages, your attorney can handle every step of the claim process so you can focus on recovering from the accident.