Whether you’re visiting the Lone Star state or a permanent resident, trying to navigate the claim process after a vehicle accident can leave you with a headache. Texas’s legal requirements can be confusing, especially if you’re not familiar with local laws.
You may think you’re filing the correct paperwork, only to learn you’re missing something as simple as a release form. Thankfully, Houston car accident lawyer Jimmy Doan is familiar with the ins and outs of Texas’s insurance laws.
Report the Accident
Whether it’s a minor fender bender or a collision resulting in significant vehicle damage, it’s always a good idea to report the accident immediately to the authorities.
Legally, you’re only required to report accidents resulting in injuries, fatalities, or property damage exceeding $1,000. If your accident doesn’t meet these criteria, it doesn’t mean driving away is a great idea.
While you do have ten business days from the date of the accident to file a report, waiting can negatively impact your potential insurance claim. In ten days, accident witnesses can disappear and other evidence can be more difficult to locate, which can make it harder to prove your accident claim.
Something else to consider is the possibility of receiving a failure to report an accident charge or even worse, receiving a citation for leaving the scene of the accident. This can happen if the other involved driver decides to report the accident after you leave the scene.
To help protect the strength of any claim you may be considering filing, it’s always a good idea to remain at the accident scene. Wait for the authorities to give the all-clear signal before leaving the scene of a vehicle accident.
Seek Medical Treatment
Even a minor accident can result in injuries—a tap on your rear bumper can result in whiplash, and a more serious vehicle collision can cause more serious injuries. Even if you feel fine after the accident, you should still plan on visiting your healthcare provider.
Some injuries like soft tissue ones can take a while to start showing noticeable signs and symptoms. If you can’t provide medical documentation of your injuries, you can’t include them in your insurance claim.
Something else to consider is your insurance settlement from the accident. If your injuries require medical care after reaching an agreement with the insurance company, there’s a good chance you’re stuck paying for the expenses. You can’t file another claim for the same accident after settling, even if your expenses keep mounting.
You also want to save all bills and receipts for your treatment, including any prescriptions. The insurance adjuster will request proof of your expenses.
Document the Accident Scene
Okay, put your protective gloves aside; you’re not turning into a criminal scene investigator—you’re also not investigating your accident scene.
Instead, if your injuries allow, you’re simply documenting the accident to help shore up your personal injury claim. This means grabbing your cell phone and opening up the camera app, you’re going to need it to take some pictures.
Snap some shots of your vehicle damage and any injuries you may have sustained—oh, and don’t forget about any passengers.
If you have passengers in your vehicle at the time of the accident, make sure to snap photos of their visible injuries. This may not apply to your claim, but it can be evidence in theirs. Your passengers are also entitled to file a personal injury claim against the at-fault driver.
If there are visible surveillance cameras in the area, mark these down in your notes, and this includes traffic and business surveillance systems. The footage can be invaluable in proving your accident claim.
What About Comparative Negligence?
Texas is an at-fault insurance state, but it also follows comparative negligence rules. Comparative negligence means more than one individual can be responsible for causing an accident. This insurance rule can also affect your settlement award. Your compensation amount will be reduced by your percentage of the blame.
As long as your percentage of fault isn’t more than 50%, you should be able to file a claim for your damages.
Who decides the percentage of blame in an accident? This usually starts with the authorities and insurance adjuster. However, you’re not necessarily stuck with the initial assessment and this is when an experienced personal injury attorney can help.
Your attorney can help ensure you’re not assigned more than your fair percentage of the blame. Your attorney can also work to ensure you receive fair compensation to cover all of your damages relating to the accident.
