San Antonio Car Accident Lawyers

Trying to handle a car accident injury claim raises a lot of questions. Below we answer some of the most commonly asked questions clients ask. If you have a question not covered here, feel free to reach out.

How much does it cost to hire a car accident lawyer?

Hiring us costs nothing upfront. Jim Adler & Associates (like most personal injury firms) works on a contingency fee basis. This means we do not charge any hourly fees or retainer. Our payment is a percentage of the settlement or verdict we obtain for you at the end of the case. If we don’t recover money for you, you owe us $0 in attorney’s fees. This arrangement allows everyone, regardless of finances, to afford a quality lawyer.

How long will my car accident case take?

The timeline of a car accident case can vary widely. Some cases settle in a few months; others can take a year or more, especially if a lawsuit and trial become necessary.

Here’s a general breakdown: If your injuries are minor and liability is clear, once you finish treatment and we send a demand, the insurance might agree to a fair settlement within a few months. However, we usually don’t want to settle until you are healed or at least know the full extent of your injuries. Rushing a settlement while you’re still treating can be dangerous because you might discover complications later and you can’t go back for more money. So, the medical recovery phase is a big chunk of the timeline – it could be a few months or longer for serious injuries. After we present a settlement demand, negotiations might take a few weeks to a couple of months. If a settlement is reached, the case ends there.

If the insurance company won’t offer a reasonable amount, we’ll file a lawsuit. Once in litigation, the timeline extends. In Bexar County courts, it might take anywhere from around 12 to 18 months (on average) from filing suit to trial date, though many cases settle at some point during that process. There are phases like discovery (exchange of information, depositions) that take time. We try to move things along as quickly as possible, but also thoroughly – we won’t shortcut your case just to settle faster.

It’s also worth noting that complex cases (e.g., multi-vehicle accidents or those with disputed fault) can take longer because more investigation is needed. Conversely, straightforward cases with clear fault and sufficient insurance can resolve quicker. Every case is unique. We understand that you want closure and compensation promptly, so we work efficiently. Many car accident cases that don’t go to litigation get resolved in under a year. Many that are litigated still settle before trial, though sometimes not until shortly before the trial date when the insurance finally gets serious.

We won’t unnecessarily delay your case, but we also won’t settle for pennies on the dollar just for speed. We keep you informed throughout, and if you ever wonder about the status or what’s next, you can always ask us. We know waiting can be frustrating, but patience can pay off in terms of a better result. (One tip: help your case move faster by promptly providing any information or documents your lawyer requests, and keeping your appointments – this avoids delays.) Remember, Texas’s statute of limitations is 2 years, so in any event, the case must be filed before that expires.

What if the other driver was uninsured or underinsured?

Unfortunately, a significant number of drivers in Texas have no insurance or too little insurance (liability limits) to fully cover the damage they cause. It’s estimated that around 12–20% of Texas drivers are uninsured – roughly one in six drivers (and growing). If you are hit by an uninsured driver (no insurance at all) or an underinsured driver (they have some insurance but not enough to pay for all your losses), here’s how we handle it:

• Uninsured Motorist (UM) / Underinsured Motorist (UIM) Coverage: First, check your own auto insurance policy for “UM/UIM” coverage. In Texas, insurance companies are required to offer this coverage to you (though you can reject it in writing). If you have UM/UIM coverage, it steps into the shoes of the at-fault driver’s insurance. For example, if you have $50,000 in UM coverage, you can make a claim with your own insurer up to $50k for your damages if the other driver has no insurance. It doesn’t make your rates go up (you paid premiums for this protection). We have extensive experience handling UM/UIM claims. Sometimes your insurer will still try to contest the value of the claim – in essence, you might be “fighting” your own insurance for fair payment – and we can advocate for you in that scenario (even file a UM lawsuit if needed, where legally your insurance takes on the role of the defendant). The good news is, if you have decent UM/UIM limits, you have a source of recovery even when the other driver broke the law by not having insurance.

• Personal Injury Protection (PIP): Additionally, check if you have PIP coverage (another optional coverage in Texas, typically $2,500 or $5,000). PIP will pay for your medical bills and some lost wages, regardless of fault, and is very useful when the other driver is uninsured or can’t be found (hit-and-run). It’s not a lot, but it helps. We can help you file for PIP benefits and coordinate so that it doesn’t negatively affect other aspects of your case.

• Suing the At-Fault Driver Personally: If the at-fault driver has no insurance or too little, we can consider a direct lawsuit against them to go after their personal assets. Realistically, many people who don’t carry insurance also don’t have significant assets (like home equity, savings, etc.) to collect against – but there are exceptions. We will investigate the individual’s asset situation. If they have a good job or property, a judgment could potentially be collected over time. However, Texas has strong protections for debtors (homestead exemption, wage garnishment limits, etc.), so collecting from an uninsured individual can be challenging. We’re upfront about this – we don’t want to spend your time and effort on a case that is not economically viable. If there’s a path to recovery, we’ll pursue it; if not, we’ll let you know.

• Other Liable Parties: Sometimes, there may be another party we can pursue. For example, if the at-fault driver was on the job for an employer at the time of the crash (delivering something, driving a company car, etc.), the employer might be vicariously liable – and they likely have insurance or assets. Or if a defective vehicle component contributed, a product manufacturer might be liable. In drunk driving cases, Texas’s “dram shop” law might make a bar or restaurant liable if they overserved the driver who caused the crash. Our team will explore every angle to find coverage.

• Hit-and-Run Cases: This is a subset of uninsured cases – if you can’t identify the driver because they fled, it’s essentially an uninsured scenario. You would use your UM coverage if you have it. It’s important to report the accident to police and try to find witnesses or camera footage in hit-and-run situations, but if the driver isn’t found, you’re limited to your own coverages. We recently had a case where a client was rear-ended on Loop 1604 by a hit-and-run driver; we helped her collect the maximum under her UM policy to cover her surgery and losses.

Bottom line: You still have options even if the other driver had no insurance. Our attorneys will guide you through making uninsured/underinsured motorist claims and make sure your own insurance treats you fairly. We’ll also see if there’s any creative way to find another source of recovery. It’s one of those situations where having an experienced lawyer is very valuable – we know the ins and outs of insurance law and will work hard to get you compensated, one way or another.

Can I recover damages if I was partially at fault for the accident?

In many cases, yes – as long as you were not mostly at fault. Texas follows a modified comparative negligence rule (the 51% bar rule). This rule says you can recover compensation if you were 50% or less at fault, but your amount will be reduced by your percentage of fault. However, if you are 51% or more at fault, you cannot recover anything.

Insurance adjusters know this law and will often argue that you were partially to blame to reduce what they have to pay. They might claim you were looking at your phone, or you braked too suddenly, or you “should have seen” the other driver coming, etc. Part of our job is to push back against exaggerated blame. We gather evidence to show clearly what happened and who truly caused the crash. If it’s evident some portion of fault is on you, we’ll advise you how that might affect the case. But we fight to minimize any assigned fault. Even if you might bear a small share of blame, that doesn’t prevent you from getting compensation for the other party’s larger share of negligence.

Also, Texas law on proportionate responsibility can get complicated if multiple defendants are involved or if someone not party to the case is partially at fault. Rest assured, we have deep knowledge in this area. We will work to maximize the fault on the other side and protect your right to recovery. The key takeaway: Being partly at fault does not bar you from recovery unless you are mostly at fault. So never assume you can’t seek compensation just because you think you might be a little to blame. Let us evaluate that. You might still have a viable claim.

The insurance company offered me a settlement. Should I accept it?

Be very cautious about accepting an early settlement offer from an insurance company. Insurance adjusters often reach out quickly – sometimes within days of the accident – with a settlement offer, especially if they sense you don’t have a lawyer yet. This offer might sound tempting (“fast cash” when you’re in a tough spot), but it’s commonly a lowball offer aimed to close the claim cheap before you understand the full extent of your injuries and rights. Here are some considerations:

• Have you completed medical treatment or at least fully evaluated your injuries? If not, you truly don’t know what your case is worth yet. For instance, that neck pain you have could turn out to be a herniated disk needing surgery – something that a $2,000 quick settlement wouldn’t begin to cover. Once you sign a release and take a settlement, you cannot go back for more if you later discover your injuries were more serious. The insurance company settlement will require you to sign away all future claims. That’s why they want to catch you early.

• Did you consider all damages (lost wages, future treatment, etc.)? Early offers often just account for immediate medical bills and a token amount for pain. They often ignore things like future physical therapy needs, lost work time, or the emotional toll. We often see people offered a few thousand dollars that wouldn’t even cover a month of their lost wages, let alone other damages.

• Is liability clearly in your favor? If there’s any question of fault, the insurance might try to settle cheap under the guise that you might lose if it went to court. Don’t be intimidated – consult a lawyer to get a real perspective. We offer free consultations, so you have nothing to lose by getting our opinion on an offer.

• Pressure tactics: Adjusters might say “This is the best we can do” or “This offer expires in 48 hours” or “You don’t really need an attorney; we can handle this right now.” These are pressure tactics. You have the right to take your time and consult an attorney. There is no legitimate reason an offer would “expire” so quickly other than to pressure you. If they’re offering money now, they’ll still need to fairly compensate you later – and if they don’t, a court can make them. So don’t let FOMO (fear of missing out) drive you into a poor decision.

PRO TIP: Don’t sign or accept anything without legal counsel, especially if you have any significant injuries. We can usually tell if an offer is far too low. Often, once we’re involved, the insurance company gets more serious. For example, we had a client offered $4,000 on his own; after we took the case and documented his damages, we settled for over $50,000 – because he had a herniated disc that required injections, which the early offer didn’t account for at all.

If you do consider an offer, ask yourself: does it include pain and suffering or just bills? Does it cover property damage separately? Will they pay your medical providers directly or are you responsible for those bills out of the settlement? It can be complex, and that’s where a San Antonio accident attorney comes in. We’ll break it down and negotiate further.

In short, it’s usually NOT in your best interest to take the first offer. Insurance companies are in the business of paying as little as possible. By consulting with us, you can determine a fair range for settlement based on your case specifics. We often can secure a much higher amount, even after accounting for attorney fees, than what you’d net by taking a quick low offer. And if the offer is fair (rare, but possible in clear-cut minor cases), we’ll tell you that too.

What if I didn’t feel hurt at the scene but later realized I was injured?

It’s quite common to not fully feel or realize an injury immediately at the scene of an accident. As mentioned earlier, adrenaline can mask pain, and some injuries have delayed symptoms (whiplash, concussions, internal injuries). If you started feeling pain or symptoms hours or days after the crash, you should still see a doctor as soon as you can. Documenting that timeline is important (for example, go to your primary care or an urgent care and explain, “I was in a car accident a few days ago, and now I’m experiencing XYZ symptoms”). Many times, the medical records will note that the patient’s complaints are related to a recent motor vehicle accident.

From a legal standpoint, delayed treatment can give insurance companies an opening to argue that you weren’t really hurt in the accident, or something else happened in between. We counter that by explaining the medical reality of delayed-onset injuries. Still, the sooner you seek evaluation once you notice an issue, the better for your health and your case. Don’t “tough it out” thinking pain will just go away. Get checked out.

Even if you told officers at the scene “I’m okay” but later had issues, that doesn’t bar you from making a claim. It’s understandable – many people decline EMS at the scene only to go to the ER that night when the pain sets in. Insurers will scrutinize gaps in treatment, but as long as the gap is reasonably explained, you can still claim those injuries. We’ve successfully handled many cases with a delayed medical start.

The key is: be truthful and consistent about when symptoms arose. If you felt fine until the next morning when you woke up sore, say that. That’s entirely believable and common. Our job will be to connect the dots with medical expert opinions if needed (for instance, a doctor stating that the kind of injury you have often has delayed onset).

So, don’t be discouraged if you didn’t go to the ER right away. Just get care when you realize you need it, and then consult a lawyer to protect your rights. The worst thing would be to ignore a potential injury and then have it worsen. It’s both a health risk and a risk to your claim because longer delays make the causal link hazier. When in doubt, get medical help. Your well-being comes first, and documentation will follow from that.