First off, you should never admit fault in an accident. Even if you are certain that it was your fault, there is no benefit to admitting this.
In fact, it’s best that you say as little as possible to any parties until you’re able to speak with an experienced Houston car accident attorney. You may have to exchange insurance information and provide law enforcement with a statement and when you do, stick to the facts. Even a simple statement like, “I didn’t see the other driver” could be taken as an admission of guilt. If you aren’t sure of what to do or say, know that it is within your right to speak to an attorney at any point.
Your insurer will work with the other driver’s insurer to determine fault, based on the facts. Again, your statements on who caused the accident could come back to hurt you. You may be convinced you’re at fault, but additional details could come to light that show the other driver was actually at fault, either in whole or in part. And most of all, do not make a statement to the insurance company—yours or anyone else’s.
You may have to report the accident to your insurance company within a certain amount of time. Don’t rush. Let the claim play out. With the passage of time, information may emerge that helps your case. For example, maybe you were speeding, but maybe the other driver was texting and driving. You were at fault—but they were, too.
In Texas, you can recover compensation for a car accident as long as you are not more than 50 percent responsible. What that means is, if you are 50% or less at fault, you can still recover compensation to pay for losses like medical bills and/or property damage.
You may ultimately be at fault for the accident but still have significant injuries. In this scenario, you’ll be going through your insurance company for payment. Just because a company is your insurer doesn’t mean they have your best interests in mind.
Remember: no matter what they promise about being “on your side,” “like a good neighbor,” or “in good hands,” the insurance company is not your friend. Before talking to the insurance company, you should first talk to one of our experienced attorneys.