Automobile accidents are one of the most common causes of injuries and deaths in Texas. For the average driver, getting into a car accident is more likely a question of when, not if. It is important to know what steps to take after a car accident to file a claim and seek fair compensation for your losses. Taking the right actions can allow you to protect your health, safety, and legal rights as much as possible.
Pull Over at the Scene
You have a legal obligation under Texas Transportation Code § 550 to stop your vehicle at the scene of a car accident or as close as is safely practicable. If you do not stop right away, you must return to the scene immediately. Remain at the site until you can fulfill your driver responsibilities, which include exchanging information with the other driver and rendering aid. Leaving the scene of a car accident without stopping is a crime in Texas known as a hit-and-run.
Check for Injuries
Assess yourself, your passengers and anyone else involved in the car accident for injuries. If you are injured, try to limit your movements until you are seen by a paramedic or doctor. Moving incorrectly could exacerbate an injury, such as turning a moderate back injury into severe spinal cord damage with paralysis. If others are injured, fulfill your duty to render aid by arranging for an ambulance or trip to the hospital, if possible.
Get Prompt Medical Care
Don’t wait to see a doctor. Go to the nearest hospital for immediate medical care after an automobile accident. It is important to see a doctor even if you initially feel fine. Adrenaline caused by the car accident may mask the symptoms of an injury, such as pain. Immediate treatment can improve your prognosis for recovery and show a car insurance company that you did your best to mitigate your damages.
Notify Law Enforcement
While you are still at the scene of the car accident, call 911 to notify law enforcement. In Texas, you are legally required to report a car accident that causes injuries, deaths or more than $1,000 in property damage. You should also report accidents involving intoxicated, unlicensed, uninsured or hit-and-run drivers. When the police arrive, state your version of events for the record. Do not admit fault.
Exchange and Collect Information
Speak to the other driver involved in your car accident to identify him or her and write down the driver’s insurance information. Document other details, as well, such as a description of the other driver’s vehicle, photographs of the scene and property damage, and eyewitness names and phone numbers. Get your police report number before you leave.
Report the Accident to Your Insurance Company
Call your own car insurance company to report the car accident as soon as possible. Most insurance companies require reports to be made within one to three days of the crash. When answering questions about the accident, be truthful but do not admit fault. Don’t talk about your injuries until you’ve seen a doctor. Keep your answers to questions short and simple.
Gather Records
Throughout the car accident claims process, you will be asked for various information, documentation and forms of evidence to support your case. Do your best to strengthen your case by having these documents ready. Request copies of all medical records, bills, property repairs, lost wages and communications with an insurance company to help support your claim.
File a Claim
Texas is a fault-based car insurance state. Under this system, the party at fault for causing a motor vehicle accident is held responsible, or liable, for paying for related damages. After you notify your car insurance provider about the crash, it will launch an investigation.
If the investigation shows that the other driver involved is at fault, your insurer can file a claim with his or her insurance provider on your behalf. You can also contact the other driver’s insurer directly to file a claim.
Be Wary of Insurance Claims Adjusters
An insurance claims adjuster is a representative who is assigned to your case to evaluate it and recommend to the insurance company whether it should be accepted or denied. It is important not to trust claims adjusters. Don’t agree to give an adjuster a recorded statement over the phone. When asked questions, do not give more information than is necessary. Most importantly, don’t accept a settlement or sign anything until you’ve spoken to an attorney.
Consult With a Texas Car Accident Lawyer
If your claim involves challenges, such as catastrophic injuries, the death of a loved one or a liability dispute, it can benefit you to consult with an attorney before accepting an insurance claim settlement. A car insurance company may try to take advantage of you to save money on your payout. A car accident lawyer in Austin can advocate for your best interests during settlement negotiations to ensure that you are treated fairly.
Negotiate a Settlement
After a car insurance company completes its investigation of the crash and assigns fault, it may accept your claim and offer you a settlement, or a specific amount of money to resolve the legal dispute. It is critical to avoid accepting a low or inadequate settlement offer. Once you accept, you cannot reopen your case.
Consult with an attorney about the true value of your claim before signing anything. An attorney can give you an accurate evaluation of how much your case is worth based on the specific circumstances, such as the severity of your injuries. Then, your attorney can submit counteroffers and help you negotiate with an insurer for a fair settlement.
Go to Court, if Necessary
The majority of Texas car accident claims achieve successful settlements. Certain cases, however, benefit from going to trial. If a car insurance company refuses to give you a reasonable settlement offer or wrongfully rejects your claim, a lawyer may recommend filing a lawsuit and going to court. Hire a skilled trial attorney to represent you in this situation, as litigation experience can make a major difference to the outcome of your case.
If you were recently injured in a car accident in Texas, contact the attorneys at FVF Law Firm to schedule a free case consultation. An Austin personal injury lawyer can help you understand your legal rights and protect them throughout the claims process. Our lawyers have more than 100 years of combined experience. Call us today at (512) 982-9328 to learn more.
