A Texas car accident claim can involve much more than repairing your vehicle. If you were injured, you may also be dealing with medical bills, lost income, insurance adjusters, and questions about who was responsible for the crash. Understanding how car accident claims work in Texas can help you make informed decisions and avoid mistakes that could affect your recovery. If you were injured in a Houston crash, speaking with a car accident lawyer Houston can help you understand your legal options.
Texas generally follows an at-fault system, meaning the person responsible for causing an accident can be held financially responsible for resulting damages. However, proving fault, documenting losses, dealing with insurance companies, and meeting legal deadlines can make the claims process complicated.
What Is a Car Accident Claim in Texas?
A car accident claim is a legal or insurance demand for compensation after a collision. Depending on the circumstances, you may pursue compensation through the at-fault driver’s insurance company, your own insurance coverage, or a personal injury lawsuit.
A claim may seek compensation for losses such as:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Vehicle repairs or replacement
- Pain and suffering
- Emotional distress
- Other accident-related losses
What Should You Do After a Texas Car Accident?
The steps you take immediately after a collision can affect your health and your potential claim.
1. Get Medical Attention
Seek medical care as soon as possible after an accident, even if your injuries initially seem minor. Some conditions may not produce obvious symptoms immediately. Keep records of medical appointments, diagnoses, prescriptions, treatment plans, and related expenses. These records can help establish the connection between the accident and your injuries.
2. Report the Accident
Texas law requires drivers involved in certain collisions to report the accident. Under Texas Transportation Code §550.026, a collision involving injury, death, or a vehicle that cannot be normally and safely driven must be reported to the appropriate law enforcement agency. If law enforcement investigates the crash, the resulting report may become important evidence when determining what happened.
3. Document the Accident Scene
If your condition allows, take photographs and videos of:
- Vehicle damage
- Road conditions
- Traffic signals and signs
- Skid marks or debris
- Visible injuries
- The surrounding area
4. Notify Your Insurance Company
You should generally notify your insurer about the accident promptly. However, reporting a collision does not mean you have to agree with the other driver’s version of events or accept an early settlement offer. Provide accurate information and preserve copies of correspondence, claim numbers, estimates, medical records, and other documents.
Read Related: How to File a Car Accident Lawsuit in Texas
How Does the Texas Car Accident Claims Process Work?
Although every accident is different, many Texas injury claims follow a similar progression.
Step 1: Investigating the Accident
The first stage involves determining how the collision happened and who may be legally responsible.
Evidence can include:
- Police or crash reports
- Photographs and videos
- Witness statements
- Vehicle damage
- Medical records
- Traffic or surveillance footage
- Accident reconstruction evidence
- Driver statements
The stronger the evidence, the easier it may be to establish liability.
Step 2: Filing an Insurance Claim
Once the available evidence and losses are documented, a claim can be submitted to the appropriate insurance company.
There are generally two common paths:
Third-party claim: You seek compensation from the insurance company representing the driver who caused the accident.
First-party claim: You seek benefits under your own policy, such as applicable collision or uninsured/underinsured motorist coverage.
Step 3: Insurance Company Investigation
An insurance adjuster may review the accident report, photographs, medical records, vehicle damage, witness information, and other evidence. The insurer may accept liability, dispute fault, request additional documentation, or challenge the value of your damages.
For claims filed with your own insurance company, Texas law establishes certain claim-handling deadlines. The Texas Department of Insurance explains that an insurer generally must acknowledge a claim within 15 days, decide whether to accept or deny it within 15 business days after receiving the necessary information, and may have additional time in certain circumstances.
Step 4: Calculating Your Damages
Before accepting a settlement, it is important to understand the full extent of your losses.
Economic damages may include:
- Emergency treatment
- Hospital and doctor bills
- Prescription costs
- Physical therapy
- Lost wages
- Future medical expenses
- Reduced earning capacity
- Property damage
Depending on the circumstances, you may also seek compensation for non-economic losses such as pain, suffering, emotional distress, and diminished quality of life. Accepting a settlement too early can make it difficult or impossible to seek additional compensation later if your injuries become more serious.
Step 5: Negotiating a Settlement
Insurance companies may make a settlement offer after investigating the claim. An initial offer is not necessarily the full value of your case. Before accepting an offer, consider whether it adequately accounts for your current and future medical expenses, lost income, property damage, and other losses.
Step 6: Filing a Lawsuit if Necessary
Not every car accident claim goes to court. Many are resolved through negotiations with an insurance company. However, if the insurer refuses to offer fair compensation or disputes liability, filing a personal injury lawsuit may become necessary.
A lawsuit can involve discovery, depositions, expert testimony, mediation, and potentially a trial. Having an attorney involved early can help preserve evidence and prepare your case if litigation becomes necessary.
How Does Fault Affect a Texas Car Accident Claim?
Texas uses a modified comparative responsibility system. Under Texas Civil Practice and Remedies Code §33.001, a claimant generally cannot recover damages if their percentage of responsibility is greater than 50%. If the claimant is not barred from recovery, the amount of damages is reduced according to the claimant’s percentage of responsibility.
For example, suppose your total damages are $100,000 but you are found 20% responsible for the accident. Your recovery could be reduced to $80,000. Because even a partial finding of fault can affect the amount you recover, evidence showing how the crash occurred can be extremely important. If you are unsure how fault may affect your claim, consulting a car accident attorney near me can help you evaluate your situation.
How Long Do You Have to File a Car Accident Lawsuit in Texas?
In most Texas personal injury cases, the statute of limitations is two years from the date the cause of action accrues. Texas Civil Practice and Remedies Code §16.003 establishes the two-year limitations period for personal injury claims. This deadline makes it important to address your claim promptly. Waiting too long can jeopardize your ability to pursue compensation through the courts. Certain circumstances may affect how a deadline applies, so an attorney should review the specific facts of your case rather than assuming the standard deadline applies without exception.
What Compensation Can You Recover After a Texas Car Accident?
Depending on the circumstances, an injured person may seek compensation for:
Medical Expenses
This can include emergency treatment, hospitalization, medication, rehabilitation, physical therapy, and reasonably necessary future medical care.
Lost Income
If your injuries prevent you from working, you may be able to seek compensation for lost wages. Serious injuries may also affect your future ability to earn income.
Pain and Suffering
Compensation may be available for physical pain, emotional distress, and the effect an injury has on your quality of life.
Property Damage
A claim may also involve the cost of repairing or replacing a damaged vehicle and other accident-related property losses.
The exact damages available depend on the facts of the accident and the evidence supporting your losses.
When Should You Hire a Texas Car Accident Lawyer?
If you were seriously injured, your claim involves disputed fault, or the insurance company is offering less than your claim may be worth, consulting a personal injury lawyer Houston can help you understand your legal options and pursue appropriate compensation. You may benefit from legal guidance if:
- You suffered significant injuries
- Your medical treatment is ongoing
- The other driver disputes fault
- Multiple vehicles were involved
- The other driver was uninsured or underinsured
- The insurance company denied your claim
- You received a settlement offer you believe is too low
- Your injuries affect your ability to work
- The accident resulted in permanent disability
- You are approaching the statute of limitations
How The Law Office of Michael Bates Can Help
A serious car accident can leave you dealing with physical injuries and financial uncertainty at the same time. Understanding how Texas car accident claims work is an important first step, but every claim involves different evidence, insurance coverage, injuries, and legal issues.
The Law Office of Michael Bates can help accident victims navigate the claims process by:
- Investigating the circumstances of the crash
- Gathering and preserving evidence
- Communicating with insurance companies
- Evaluating medical and financial losses
- Determining potential sources of compensation
- Negotiating with insurers
- Preparing a case for litigation when necessary