TEXAS CAR ACCIDENT FAQS
Navigating the aftermath of a car accident can be stressful and confusing, especially when dealing with legal processes and insurance claims. Here are some frequently asked questions to help guide you through a car accident in Texas.
- Ensure Safety: Check yourself and others for injuries. If possible, move vehicles out of traffic.
- Call the Police: Report the accident and wait for them to arrive, even if it’s minor.
- Exchange Information: Collect names, contact details, insurance information, and vehicle details from all parties involved.
- Document the Scene: Take photos of the accident scene, damages, and any visible injuries.
- Seek Medical Attention: Even if you feel fine, get a medical evaluation to identify any hidden injuries.
- Notify Your Insurance Company: Report the accident as soon as possible.
In Texas, the at-fault driver is typically responsible for covering medical bills and car repairs. However, if the other driver is uninsured or underinsured, you may need to rely on your own insurance policy or consider legal action.
The statute of limitations for filing a personal injury claim in Texas is generally two years from the date of the accident, and this is the same for most property damage claims. Be aware that there are exceptions, and some cases may have shorter or longer deadlines.
If the at-fault driver is uninsured, you may need to use your uninsured motorist coverage (if available) or explore legal options to seek compensation. Texas does not require drivers to carry uninsured motorist coverage, so check your policy details.
Yes, Texas follows a “modified comparative fault” system. You can recover damages as long as you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
- Investigation: Gather evidence, witness statements, and expert opinions.
- Filing a Claim: Submit your claim to the insurance company and negotiate a settlement.
- Litigation: If a settlement can’t be reached, you may need to file a lawsuit and proceed to court.
- Trial and Resolution: Present your case before a judge or jury if it goes to trial.
In general, you have two years from the date of the accident to file a personal injury or property damage claim. It is crucial to adhere to these deadlines to preserve your right to compensation.
Additional Legal Considerations for Texas Car Accidents
- Insurance Requirements: Texas requires a minimum liability insurance coverage, but not uninsured motorist coverage.
- Reporting Deadlines: Report the accident to the police and your insurance company promptly, as delays may impact your claim.
- Comparative Fault Rules: Understand how your percentage of fault can affect your recovery.
By understanding these key aspects, you can better manage the challenges following a car accident in Texas. For personalized advice, consider consulting with a legal professional who specializes in car accident cases.