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How Car Accident Claims Work in Texas

How Car Accident Claims Work in Texas

a lawyer holding a pen over a blue folder with car accident claim documents

Been in a car wreck in Texas? You’re probably wondering what happens next and how to get money for your medical bills and car repairs. Let’s break down how car accident claims work in simple terms.

What Is a Car Accident Claim?

Think of a car accident claim as asking for money after someone else caused your crash. You’re basically saying, “Hey, this wasn’t my fault, and now I have bills to pay because of it.”

You can try to handle everything yourself, but most people find it’s easier to hire a lawyer who deals with car accidents every day. They know all the tricks insurance companies use to avoid paying what you deserve.

“My cousin tried handling his own claim after getting rear-ended last year. The insurance company offered him $2,000 at first. When he finally talked to a lawyer, he ended up with over $15,000. That’s a huge difference!” – Stacy M.

How a Texas Car Accident Claim Works

Step 1: Filing Your Claim

Your lawyer will start by putting together all the details about your accident. They’ll look at your medical records, how badly you’re hurt, who caused the crash, and what insurance is available.

Think about it like building a case for why you deserve money. The stronger your case, the more likely you are to get a fair payment.

Step 2: The Back-and-Forth

Once your lawyer submits your claim, the insurance company will take a look and make an offer. I won’t sugarcoat it – their first offer is almost always low. Way low.

Your lawyer will go back and forth with them, pushing for more money. This might take a few weeks or even months, but it’s usually worth it. Being patient during this part is tough but necessary.

Step 3: Going to Court (if necessary)

Most of the time, you’ll reach an agreement without going to court. But sometimes the insurance company just won’t play fair. If that happens, your lawyer might suggest filing a lawsuit.

Even after filing a lawsuit, you probably won’t end up in front of a jury. Most cases settle before that happens. But having a lawsuit filed shows the insurance company you’re serious.

“I remember when my neighbor had to file a lawsuit after her accident. The insurance company suddenly got a lot more reasonable once they realized she wasn’t going to give up!” – Don T.

Last Step: Getting Your Money

When you do reach a settlement, your lawyer will handle paying your medical bills from that money. Then you’ll get what’s left to cover your missed work time, car repairs, and pain you went through.

Your lawyer gets paid from the settlement too – not from your own pocket. If they don’t win money for you, they don’t get paid. That’s why they work hard to get you a good settlement.

Common Car Accident Injuries in Texas Claims

Whiplash

The most common injury is whiplash, which happens when your head snaps forward and backward suddenly. It hurts your neck muscles and can cause serious pain.

The tricky thing about whiplash is that you might feel fine right after the accident. Then two days later, you wake up barely able to move your neck. That’s why it’s so important to see a doctor right away after being in a car accident, even if you feel okay at first.

“My friend Mike thought he was fine after his fender-bender. Three days later, he couldn’t turn his head to check his blind spot while driving. His doctor said it was a classic case of delayed whiplash symptoms.” – Mike L.

Other Injuries

Car accidents cause all kinds of injuries beyond whiplash. You might break bones, get cuts and burns, or even suffer head injuries like a TBI (traumatic brain injury).

Serious crashes can cause even worse problems, like brain or spinal damage. These kinds of injuries can change your life forever and might require ongoing medical care.

When to Get a Lawyer for Your Car Accident

You definitely want a lawyer if:

  • You got hurt badly
  • You missed more than a day or two of work
  • The other driver is saying it was your fault
  • The insurance company is giving you the runaround

Think about this: insurance companies have teams of people whose job is to pay you as little as possible. Don’t you want someone on your side to help you get the most you can out of the negligent party that caused the accident in the first place?

Lawyers who handle car accidents usually give free consultations. They’ll tell you honestly if they think you need their help or if you can handle it yourself.

What to Do After a Car Accident in Texas

If you’ve been in a crash, here’s what you should do:

See a doctor right away. Even if you feel fine, some injuries take days to show up. Plus, seeing a doctor creates a record that connects your injuries to the accident.

Take pictures of everything – your car, your injuries, the accident scene. You can never have too many photos.

Don’t talk to the other driver’s insurance company without thinking it through. They might record what you say and use it against you later. “I’m fine” is something people say to be polite, but the insurance company might use it to claim you weren’t really hurt.

Call a car accident lawyer soon. In Texas, you only have two years to file a claim, but waiting that long is a bad idea. Evidence disappears, memories fade, and it gets harder to prove your case.

I know all this might seem overwhelming when you’re already dealing with injuries and a wrecked car. That’s exactly why most people get a lawyer – so they can focus on getting better while someone else handles the complicated stuff.

The Bottom Line

Remember, each car accident is different. What happened to your friend or family member might be totally different from your situation. Getting advice specific to your needs is the best way to protect yourself.

Jim Adler

Founder, Attorney

Jim Adler, also known as The Texas Hammer®, is an American trial attorney and owner of Jim Adler & Associates. He has been practicing law in Texas in the area of personal injury for 54 years. Jim Adler graduated from the University of Texas School of Law where he received his Juris Doctor degree (J.D.) in 1967. Jim Adler is a member of the State Bar of Texas, American Bar Association (ABA) and American Trial Lawyers Association. He is licensed to practice in the United States Court of Appeals for the Fifth Circuit and U.S. District Courts of Texas. Read More
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