Nearly one person is injured every two minutes in a Texas vehicle accident—each one left to navigate insurance, medical bills, and the legal maze that follows.
In the initial shock, many drivers are unsure about what to do next, and missteps can quickly complicate their claim, delay compensation, or worse, jeopardize their legal rights.
In this article, we’ll show you the right steps you should follow to help you stay safe, meet legal requirements, and prepare effectively to secure any compensation you’re entitled to under Texas law.
Remember: you don’t have to handle it alone. Call AP Law Group today at (713) 913-4627 to speak with an experienced car accident lawyer who will work tirelessly to help you navigate every aspect of the aftermath.
Seek Medical Attention After the Car Accident
1. Prioritize a Medical Examination
- Immediate Medical Care: If paramedics arrive at the scene, accept an evaluation—even if you don’t feel injured. This ensures any hidden injuries are identified early. If emergency medical services aren’t available, visit an urgent care facility or emergency room as soon as possible after leaving the scene.
- Delayed Symptoms: Certain injuries, like whiplash, spinal injuries, or even internal organ damage, may take hours or days to manifest. Delaying treatment allows insurance adjusters to argue that your injuries aren’t related to the accident. Documenting your symptoms and receiving timely care prevents these tactics.
2. Follow Up with Your Primary Doctor
- Documenting Recovery: Schedule a follow-up with your primary physician soon after the accident. This visit allows you to monitor any delayed symptoms and document your treatment plan.
- Adherence to Treatment: Attend all scheduled appointments, physical therapy sessions, and recommended follow-up tests. Missed appointments or gaps in treatment can weaken your case, as insurance companies may argue that your injury is less serious than claimed.
3. Retain Medical Documentation
- Collect Records: Gather copies of medical bills, doctor’s notes, test results, and prescriptions related to your injury. These records provide concrete evidence of your medical expenses and the nature of your injuries.
- Pain Journal: Maintaining a daily record of your pain levels, emotional challenges, and physical limitations can also help illustrate the accident’s impact on your quality of life. Such personal accounts are valuable in Texas courts, where damages for pain and suffering are often based on the day-to-day effects of an injury.
4. Texas Law on Medical Expenses and Injury Claims
- Who Covers Medical Costs? Texas follows a fault system, meaning the at-fault driver is typically liable for the other party’s damages. Medical bills are one of the largest categories of damages that accident victims in Texas can claim under Texas Civil Practice & Remedies Code § 41.0105.
Reporting the Accident to Your Insurance Provider
After addressing immediate medical needs, your next step is to notify your insurance provider about the accident. Texas law requires drivers involved in a collision to report the incident, and your insurance policy likely has specific deadlines for doing so.
1. Notify Your Insurance Company Promptly
- Time Limits and Policy Requirements: Most Texas insurance policies require timely reporting—often within 24 to 48 hours of the accident. Contact your insurance provider as soon as you can. While you must report the accident, you need not go into detail about fault or injuries at this stage.
- Avoid Over-Explaining: Provide a basic summary of the accident, but avoid admitting fault or speculating about the cause. Evidence, witness statements, and police reports typically determine fault. Your insurer will document the initial information and may send an adjuster to assess damages.
2. Beware of Recorded Statements
- Insurance Tactics: Adjusters may ask for a recorded statement, but remember, you’re not required to provide one without consulting an attorney. Texas is an at-fault state, meaning each driver’s insurance seeks to minimize their own liability. Anything you say they will use to reduce your compensation or to dispute your injuries.
- Consult an Attorney First: Before agreeing to any recorded conversations, consult a personal injury attorney. At AP Law Group, we will handle communications with the insurance adjusters, ensuring you don’t inadvertently say something that could harm your claim.
3. Report the Accident to the Other Driver’s Insurance
- File a Third-Party Claim: If the other driver was at fault, you can file a third-party claim with their insurance company to cover damages, including medical bills and vehicle repairs. Texas drivers must carry liability insurance that meets minimum limits, which can help you recover costs from the at-fault driver.
- Cooperate with Your Own Insurer: While you’re working on a third-party claim, keep your own insurance company informed. Your policy may include personal injury protection (PIP) or uninsured motorist coverage that provides immediate support while you pursue the third-party claim.
4. Be Cautious with Settlement Offers
- Early Settlement Offers: Insurance companies may offer a quick settlement to resolve the claim before you know all medical costs or vehicle repair expenses. These initial offers will rarely cover future expenses related to ongoing treatment or vehicle depreciation.
- Seek Legal Review Before Accepting: Accepting a settlement finalizes your claim, meaning you waive your right to pursue further compensation. At AP Law Group, we carefully review settlement offers to ensure they reflect the full value of your injuries, damages, and future medical needs.
Texas Fault and Liability Rules: Understanding Your Rights
In Texas, fault in car accidents follows a modified comparative fault system, which directly affects compensation.
1. Texas’s Modified Comparative Fault Rule
- How Modified Comparative Fault Works: Texas Civil Practice & Remedies Code § 33.001 establishes a 51% rule, meaning you can seek damages from the other party if you’re no more than 50% at fault for the accident. However, your compensation will decrease by that percentage.
- Implications of Shared Fault: Even if you share partial responsibility, you are still entitled to recover damages, but only if your fault percentage remains below 51%. Insurance companies often use this rule to minimize payouts by attempting to attribute fault to the injured party.
2. Determining Fault After a Texas Car Accident
- Police Reports and Evidence: In most cases, the police report documents primary evidence for determining fault. Officers assess details at the scene, cite any violations, and note any driver behavior that could indicate liability.
- Witness Testimonies: Witness statements are another powerful tool in fault determination, providing a third-party perspective on the events leading up to the accident. Statements from nearby drivers, pedestrians, or even passengers can clarify the circumstances and support your version of events.
- Insurance Investigation: Insurers conduct their own investigations, reviewing the police report, photographs, and any other evidence provided. During this process, adjusters may attempt to downplay or dispute certain details to reduce their financial liability. Having an attorney oversee this stage protects your rights, and ensures the insurance company does not unfairly attribute fault to you.
3. Types of Recoverable Damages in Texas
- Medical Expenses: Under Texas law, you may recover the full cost of medical treatments, including hospital visits, surgeries, physical therapy, and medication costs.
- Lost Wages and Loss of Earning Capacity: If the accident affects your ability to work, you can claim lost wages for missed time and, in some cases, compensation for reduced earning capacity if you cannot return to your previous employment level.
- Property Damage: Repair or replacement costs for your vehicle and other personal property damaged in the accident are also recoverable. Texas law mandates that at-fault drivers must cover these expenses through their liability insurance coverage.
- Pain and Suffering: Texas courts recognize non-economic damages, such as pain, emotional distress, and loss of enjoyment of life. These intangible impacts, while harder to quantify, can make up a significant portion of your claim.
4. Statute of Limitations for Car Accident Claims in Texas
- Two-Year Limit: According to Texas law, you have two years from the accident date to file a personal injury lawsuit. This statute of limitations applies to both injury and property damage claims, meaning you must act within this timeframe to preserve your right to compensation.
- Exceptions and Extensions: Certain rare exceptions, such as cases involving minors or incapacitated individuals, may extend the filing period. However, initiate your claim promptly to avoid complications with evidence preservation and witness availability.
How AP Law Group Will Support Your Claim
At AP Law Group, we handle every detail of the car accident claims process. Here’s how we approach each aspect of your case to give you the best possible outcome:
1. Thorough Case Investigation and Evidence Gathering
- In-Depth Analysis of the Accident: We start by conducting a detailed review of all available evidence, from the police report to photographs, videos, and witness testimonies. This initial investigation sets the foundation for your claim, giving us a clear picture of the accident and identifying any factors that establish liability.
- Working with Experts: Where necessary, we collaborate with accident reconstruction professionals to create a precise narrative of how the collision occurred. These professionals help us understand critical factors such as vehicle speeds, points of impact, and road conditions, which can be persuasive evidence when negotiating with insurers.
- Medical Record Compilation: Our team collects and organizes comprehensive medical documentation to substantiate your injuries and treatment. We ensure that your medical records reflect the full scope of your injuries, including any long-term effects, so that your claim accurately represents the compensation you need for ongoing care and recovery.
2. Strategic Negotiation with Insurance Companies
- Dealing with Adjusters: Insurance adjusters often try to minimize payouts by attributing fault to the victim or downplaying the severity of injuries. We know these tactics well and counter them effectively. Our attorneys handle all communication with insurers, ensuring your claim is presented in the strongest possible light.
- Demand Letters and Settlement Negotiations: After building a comprehensive claim, we submit a formal demand letter to the insurance company, outlining the damages and the compensation amount we believe you deserve. From there, we negotiate strategically, pushing back against low settlement offers and holding insurers accountable for their obligations under Texas law.
- Mitigating Comparative Fault Issues: Texas’s comparative fault rule can reduce your compensation if you’re found partially at fault for the accident. Our team works meticulously to demonstrate that you bear minimal or no responsibility, ensuring that comparative fault rules don’t unfairly diminish your settlement.
3. Preparing for Litigation if Necessary
- Ready for Trial: While many claims are resolved through negotiation, AP Law Group prepares every case as if it will go to trial. This readiness sends a strong message to insurers that we won’t settle for anything less than fair compensation. Our attorneys are fully equipped to represent you in court, presenting your case with well-supported evidence and a clear legal strategy.
- Expert Testimony: In cases that proceed to trial, we engage expert witnesses who can provide critical insights into medical treatment, accident reconstruction, and economic losses.
4. Providing Support and Guidance Throughout the Process
- Transparent Communication: We inform you at every stage, updating you on your claim’s progress and addressing any questions. Our team takes the time to explain each step, ensuring that you feel confident and knowledgeable as your case moves forward.
- No Upfront Costs: We handle car accident cases on a contingency basis, meaning we only get paid if you receive compensation. This approach ensures you can focus on your recovery without the stress of legal fees, knowing we are fully committed to winning your case.
Secure Your Rights With AP Law Group Today
In Texas, your rights to fair compensation depend on timely and strategic moves, so don’t let hesitation compromise your recovery or future.
Contact our personal injury lawyer today at (713) 913-4627 for your consultation and take the first decisive step toward recovery. Let us fight for your rights while you focus on healing and moving forward.
