A car accident can leave you feeling shaken and overwhelmed. In the moments, days, and weeks that follow, you will have to deal with insurance companies. This process can feel complicated and intimidating. Knowing what to do and what to avoid can make a significant difference in the outcome of your claim. This guide offers practical tips to help you navigate your interactions with insurance companies after an accident in Texas.
We’ll cover how to document the incident, understand key Texas insurance laws, communicate with adjusters, and steer clear of common mistakes. Following these steps can help you stay organized and protect your rights.
The First Steps: Document Everything
What you do immediately after an accident is crucial. The information you gather at the scene will form the foundation of your insurance claim. If you are physically able, take these steps to document everything thoroughly.
At the Accident Scene
- Call the Police: Always report the accident to the police, no matter how minor it seems. A police report is an official, unbiased record of the incident that is vital for your insurance claim.
- Exchange Information: Get the other driver’s full name, address, phone number, and insurance information. This includes their insurance company name and policy number. Also, get the names and contact details of any passengers and witnesses.
- Take Photos and Videos: Use your smartphone to capture the scene from multiple angles. Photograph the damage to all vehicles involved, the license plates, skid marks on the road, traffic signals, and any relevant road conditions. A video walkthrough can also be very helpful.
- Write Down What Happened: As soon as you can, write down a detailed account of how the accident occurred. Memories can fade, so documenting the sequence of events, the time of day, and weather conditions is important.
After You Leave the Scene
- Seek Medical Attention: Even if you feel fine, it’s wise to see a doctor. Some injuries, like whiplash or concussions, may not show symptoms immediately. A medical record creates an official link between the accident and any injuries you sustained.
- Organize Your Documents: Create a file to keep all accident-related documents together. This includes the police report, medical records, photos, repair estimates, and any correspondence with insurance companies.
Understanding Texas Insurance Laws
Texas has specific laws that govern car insurance and accident claims. A basic understanding will empower you when dealing with adjusters.
Texas is an “At-Fault” State
Texas follows a fault-based system for car accidents. This means the driver who caused the accident is responsible for paying for the damages through their liability insurance. To receive a settlement, you must prove that the other driver was at fault.
The 51% Bar Rule
Texas uses a modified comparative fault rule, often called the 51% bar rule. This means you can recover damages only if you are found to be 50% or less at fault for the accident. If you are determined to be 51% or more at fault, you cannot recover any compensation from the other driver. Your percentage of fault also reduces your compensation. For example, if you have $10,000 in damages but are found to be 20% at fault, your award will be reduced by 20%, leaving you with $8,000.
Minimum Liability Coverage
All Texas drivers are required to carry a minimum amount of liability insurance. The current minimums are:
- $30,000 for bodily injury liability per person
- $60,000 for bodily injury liability per accident
- $25,000 for property damage liability per accident
Keep in mind that these are just the minimums. Serious accidents can easily result in damages that exceed these amounts.
Communicating with Insurance Adjusters
Soon after the accident, you will be contacted by an insurance adjuster. This person works for the insurance company, and their job is to investigate the claim and minimize the amount the company has to pay.
When Your Insurance Company Calls
You have a contractual duty to cooperate with your own insurance company. Report the accident to them promptly and provide the basic facts. Answer their questions honestly, but stick to what you know for sure. Do not guess or speculate about what happened.
When the Other Driver’s Insurance Company Calls
You are not obligated to speak with the other driver’s insurance adjuster. It is often in your best interest to be very careful in these conversations.
- Be Calm and Polite: Always maintain a professional and calm demeanor.
- Provide Only Basic Information: You can confirm your name, address, and the type of car you drive. You do not need to provide details about your injuries or give a recorded statement.
- Do Not Give a Recorded Statement: Adjusters will often ask to record your conversation. You have the right to decline. A recorded statement can be used against you later. They may try to find inconsistencies in your story or get you to say something that minimizes your claim.
- Don’t Discuss Fault or Injuries: Do not admit fault or discuss the extent of your injuries. Simply state that you are still assessing the situation and your medical condition. It’s better to say “I am receiving medical care” than to downplay your injuries by saying “I’m fine.”
Avoiding Common Pitfalls
Navigating an insurance claim can be tricky. Being aware of common mistakes can help you avoid them and protect the value of your claim.
Don’t Accept the First Offer
Insurance companies often make a quick, low initial offer to settle the claim. They hope you will accept it before you realize the full extent of your damages, which can include future medical bills, lost wages, and pain and suffering. Never accept an offer until you have completed all medical treatment and know the full cost of your damages.
Don’t Sign Anything Without Reading It
You may be asked to sign a medical authorization form or a final release. A broad medical authorization can give the insurer access to your entire medical history, which they might use to argue that a pre-existing condition caused your injuries. A final release, once signed, closes your claim forever. Do not sign any documents without fully understanding what they mean. It is often wise to have an attorney review them first.
Be Mindful of Deadlines
In Texas, you generally have two years from the date of the accident to file a lawsuit for personal injury or property damage. This is known as the statute of limitations. While most insurance claims are resolved long before this deadline, it is a critical date to keep in mind. Missing it means losing your right to pursue compensation in court.
When to Consider Professional Help
Dealing with insurance companies can be a complex and stressful process. If you have been seriously injured, if the other driver was uninsured, or if the insurance company is disputing fault or denying your claim, it may be time to consult with a personal injury attorney. An experienced lawyer can handle communications with the insurance company, gather the necessary evidence, and fight to ensure you receive fair compensation for your losses.
By staying calm, organized, and informed, you can confidently manage the insurance claim process after a car accident in Texas and protect your best interests.
