First off, you should NEVER admit fault in a crash. Even if you are certain that you caused the accident, there is no benefit—and potentially, a lot of harm—to admitting this to a police offer at the accident scene, the other driver, or the insurance company—including your own insurance company.
In fact, it’s best that you say as little as possible to any of these parties until you’re able to speak with an attorney. You may have to exchange insurance information and provide law enforcement with a statement. But 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 available 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 at fault, either in whole or in part. You certainly should not make a statement to the insurance company—yours or somebody else’s—right away. Allow some time to pass so you are not making a statement when emotions are running high and you haven’t had time to process what happened.
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 money 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—whether yours or somebody else’s—is not your friend. Before talking to the insurance company, you should first talk to one of our experienced attorneys.