Were you hurt in a car accident? Jim Adler & Associates can help. We’ve helped thousands of Texans get compensation for medical bills, lost wages, pain and suffering and more.
With over $1 billion in settlements, we know how to take on the big insurance companies and fight for you. You heal – we’ll handle the lawyers.
Results You Can Count On
Jim Adler & Associates has been helping Texans get maximum compensation for car accident claims for over 50 years. We deliver.
Texas Locations Near You
We serve clients from four offices in Texas: Houston, Channelview, Dallas, and San Antonio. Wherever you are, we’ll get to you.
Call 1-800-505-1414 today for a FREE consultation. Let’s get you justice and compensation.
What is a Car Accident Lawyer?
A car accident lawyer takes the weight off your shoulders by handling every aspect of the accident claim process for you. So you can focus on healing and get the best possible result for your case.
How a Car Accident Lawyer Can Help After an Accident:
- Prove Fault: Gather evidence to determine who was at fault.
- Identify Liable Parties: Find all individuals or entities responsible for your losses.
- Handle Insurance: Deal with the at-fault driver’s insurance company.
- Track Expenses: Collect your medical bills and out-of-pocket expenses.
- Estimate Future Costs: Calculate ongoing medical needs and long-term losses.
- Get Medical Records: Work with doctors to get complete documentation.
- Recover Lost Wages: Get paid for time off work.
- Represent You: Appear in depositions, hearings or court.
- Negotiate Medical Bills: Reduce surgery, therapy and treatment costs.
- Handle Liens and Debt Collectors: Take the stress off your shoulders.
By doing this, a car accident lawyer will protect your rights and handle your case.
When Should You Call?
The best time to talk to a Houston car accident lawyer is right after your accident. The sooner you call, the sooner your rights are protected, evidence is preserved and your claim gets started.
Prioritize Your Health
If you need medical attention after a car accident, focus on healing. Hiring a lawyer doesn’t have to add to your stress—we make it easy and we’ll be with you every step of the way.
Why Timing is Key
- Insurance companies will delay, underpay or deny claims. We need to be able to counter their moves quickly.
- Mistakes during the process can reduce your recovery. Our experienced lawyers will handle everything so you can heal.
No Risk, No Upfront Fees
At Jim Adler & Associates we work on a contingency fee basis. That means you don’t pay lawyer fees unless we get you money. We’ll fight for your recovery without adding to your stress.
We’ll Do the Heavy Lifting
Dealing with insurance claims is time consuming and complicated. Even simple cases can take hours or days of back and forth with adjusters. You have better things to do than recover while we fight the legal battle.
Call today for a FREE consultation. We’ll get you justice and compensation.
Do I Need a Car Accident Lawyer If I Have No Injuries?
Even if you feel fine after a car accident, you should still talk to a car accident lawyer. Some injuries like whiplash or concussions may not show up right away but can lead to serious long term problems.
Why You Should Always Talk to an Attorney
- Hidden Injuries: Many injuries like brain trauma or soft tissue damage can take days or weeks to show up. For example, symptoms of post-concussion syndrome—headaches, fatigue and brain fog—may not appear right away.
- Low-Speed Accidents Can Be Serious: Even in minor accidents, research shows low-speed impacts can cause chronic conditions like whiplash and concussions.
Research Backs It Up
A 2021 study from the National Institutes of Health found that insurance companies use the “biomechanical approach” to downplay the risks of low-speed accidents. This defense understates the real-world impact of such accidents.
Don’t Let Them Take Advantage
Insurance companies will try to rush you to settle before you even know the full extent of your injuries or damages. Signing too soon means you may give up compensation for long term medical expenses or other accident related losses.
How We Can Assist
At Jim Adler & Associates we’ll walk you through the process and handle the insurance companies for you. Our experienced lawyers will get you the compensation you deserve—whether for injuries, property damage or both.
I Was Partially at Fault, Can a Lawyer Still Help Me?
Yes! In Texas you can recover for a car accident as long as you are 50% or less at fault. That means you may still be able to get damages for medical bills, property damage and other losses even if you were partly to blame for the accident.
Why You Need a Lawyer in Shared Fault Cases
- Texas Modified Comparative Fault Rule: Under this rule your compensation will be reduced by your percentage of fault. For example if you’re found 30% at fault you can still recover 70% of your damages.
- Don’t Incriminate Yourself: Anything you say after an accident can be used against you. Even statements like “I didn’t see the other driver” can be interpreted as admitting fault.
What to Do If You Are Partially at Fault
- Stick to the Facts: Only give basic information to other parties or the police, like exchanging insurance info. Don’t make unnecessary comments.
- Talk to a Lawyer Before Talking to Insurance Companies: Your insurance company and the other driver’s insurance company will determine fault, often based on what you say. Let your lawyer handle the communications to protect your rights.
- Don’t Make a Statement Too Soon: Reporting the accident is important but waiting until all the facts are clear can help your case.
Why You Should Talk to a Lawyer First
Insurance companies, including your own, are looking to pay out as little as possible. No matter what they tell you, they are not on your side. A experienced car accident lawyer will protect your rights and get you the most recovery possible even in complex cases involving shared fault.
What are the Most Common Types of Car Accidents?
Car accidents come in many forms, each with its own causes, risks and outcomes. Here are the most common:
1. Head-On Collisions
- Often result in severe injuries like brain trauma, spinal cord damage or even death.
- Caused by high speeds, distracted driving or wrong way entry on roads.
2. Rear-End Collisions
- The most common type of accident, often in traffic or due to distracted driving.
- Injuries may include whiplash or back pain.
3. Rollover Accidents
- Common with SUVs and taller vehicles, especially when speeding or losing contact with the road.
4. Fatal Accidents
- Can happen in any situation and are often caused by high speed impacts or no seatbelt use. See wrongful death.
5. Hit-and-Run Accidents
- Drivers flee the scene after an accident and leave victims to deal with the damages alone.
6. 18-Wheeler and Commercial Vehicle Accidents
- Big trucks can cause massive damage, often requiring legal expertise to handle complex insurance claims.
7. Rideshare Accidents (Uber/Lyft)
- Fault and insurance coverage can be tricky as rideshare drivers are contractors.
8. Motorcycle Accidents
- One of the most severe, motorcycle accidents often result in severe injuries or death due to lack of protection.
9. Drunk Driving Accidents
- Hundreds of Texans die each year from drunk drivers, thousands more are injured.
10. Work Zone Accidents
- Work zones increase risk due to congestion, sudden stops and heavy equipment.
11. Texting and Driving Accidents
- One of the most dangerous behaviors, causes thousands of fatalities and injuries each year.
12. Drugged Driving Accidents (DUI)
- Includes illegal drugs and prescription medications which impair judgment and reaction time.
13. Speeding Accidents
- Texas has the most speeding related fatalities. High speeds increase injury severity and the risk of death.
14. Uninsured/Underinsured Driver Accidents
- Millions of Texas drivers are uninsured or underinsured, making claims for accident victims complicated.
15. Intersection Accidents
- Intersections are deadly, causing thousands of fatalities and injuries each year.
16. Severe Weather Accidents
- Fog, rain, hail and storms can reduce visibility and control causing accidents.
17. Vehicle Defect Accidents
- Mechanical issues like brake failure or tire defects can cause serious accidents.
18. Hazardous Road Conditions
- Poor maintenance, potholes and bad signage can cause accidents and liability against government agencies or contractors.
19. Wildlife and Livestock Accidents
- Texas sees thousands of animal related accidents each year. Liability may fall on animal owner or insurers depending on the situation.
Rideshare Accidents
Rideshare services like Uber and Lyft are convenient but accidents involving these vehicles can be legally complicated. Unlike regular car accidents, rideshare cases involve multiple parties, the rideshare driver, the company and other drivers. Determining liability requires understanding how insurance applies during different phases of the ride.
Rideshare Insurance
Uber and Lyft drivers are covered under a tiered insurance structure:
- Offline or Personal Time: The driver’s personal insurance applies.
- App On, No Passenger: Limited liability coverage by the rideshare company.
- Passenger Onboard: Uber or Lyft provides up to $1 million in liability and uninsured/underinsured motorist coverage.
Rideshare Accidents
- Driver inexperience or fatigue.
- Distracted driving while using the app.
- Negligence from other drivers.
Why Rideshare Is Different
- Corporate Insurance Policies: Negotiating with big insurance companies requires expertise.
- Independent Contractor Status: Rideshare companies try to limit their liability by classifying drivers as independent contractors.
Uninsured and Underinsured Accidents
Uninsured and underinsured accidents are complex. In Texas, while drivers are required to carry minimum liability insurance, 12% of vehicles are uninsured leaving many exposed.
Understanding Uninsured/Underinsured Motorist (UM/UIM) Coverage
UM/UIM coverage is designed to protect you when the at fault driver has no insurance. This optional coverage can pay for medical bills, lost wages and property damage. Texas law requires insurers to offer UM/UIM coverage and it’s highly recommended to add it to your policy.
Filing a Claim
If you’re involved in an accident with an uninsured or underinsured driver you have two options:
- Sue the Driver: You can sue the at fault driver but collecting from them may be difficult if they have no assets or insurance.
- File a UM/UIM with Your Insurer: If you have UM/UIM coverage you can file a claim with your own insurance company. But insurers will try to pay out as little as possible so it’s important to have legal representation.
Rollover Accidents
Rollover accidents are the most dangerous type of crash and often result in severe injuries or death. They are more common in SUVs and trucks because of their higher center of gravity and can tip over during sudden movements or collisions.
Causes of Rollover Accidents
- High Center of Gravity: Vehicles like SUVs and trucks are more prone to rollovers because of their design.
- Speed: Speeding increases the likelihood of losing control especially during sharp turns.
- Driver Behavior: Aggressive driving, distracted driving or impaired driving can cause rollovers.
- Road Conditions: Uneven surfaces, potholes or slippery roads can cause loss of vehicle stability.
- Vehicle Defects: Faulty tires, suspension issues or design flaws can increase rollover risk.
Injuries from Rollover Accidents
- Head and Neck Injuries: Traumatic brain injuries and whiplash.
- Spinal Cord Injuries: Can result in paralysis.
- Broken Bones: Arms, legs or ribs.
- Internal Injuries: Organ damage from the force of the rollover.
- Lacerations and Bruises: From broken glass or impact with the vehicle interior.
Legal Issues in Rollover Accidents
Determining fault in rollover accidents is complex and involves:
- Driver Negligence: Speeding, distracted driving or impairment.
- Manufacturer Liability: Defective vehicle design or parts.
- Third-Party Negligence: Poor road maintenance or other drivers.
Rear End Accidents
Rear end accidents are the most common type of car accident and often caused by distracted or reckless driving. While these may seem minor they can cause serious injuries and lead to complex legal battles when it comes to fault and getting fair compensation.
Rear End Collision Causes
- Distracted Driving: Drivers texting, eating or using their phone are slow to react to sudden stops.
- Speed: Following too close at high speeds reduces reaction time and leads to crashes.
- Weather: Rain, fog or icy roads make stopping distances unpredictable.
- Driver Fatigue: Drowsy drivers don’t notice slowing traffic.
- Mechanical Failure: Faulty brakes or worn tires can also cause rear end collisions.
Injuries from Rear End Accidents
- Whiplash: A common injury from the sudden impact.
- Spinal Injuries: Herniated discs or fractures.
- Head Injuries: From steering wheel or headrest contact.
- Soft Tissue Damage: Injuries to muscles, tendons and ligaments.
- Airbag Injuries: Burns or fractures from airbag deployment.
Fault in Rear End Collisions
In most rear end collisions the rear driver is presumed to be at fault for not maintaining a safe following distance. However there are exceptions:
- Sudden Stop: When the front driver stops without warning.
- Multi Vehicle Pileups: Fault in chain reaction crashes can be more complicated.
Intersection Accidents
Intersection accidents are a leading cause of car crash injuries in Texas. They account for one third of serious injuries and are the second most common type of accident in the state. In 6 years they caused 5,000 fatal crashes and 34,000 serious injuries.
Intersection Accident Causes
- Failure to yield the right of way is the number one cause.
- Speed is a factor in 24% of crashes.
- Running red lights or stop signs is 22% of the accidents.
- Distracted driving is 20%.
- Drunk driving is 14% of the cases.
Intersection Accident Injuries
- Whiplash from sudden stops or impacts.
- Head and brain injuries from collisions.
- Spinal cord damage that can cause paralysis.
- Broken bones from high impact crashes.
- Internal injuries like organ damage.
Work Zone Accidents
Work zone accidents are a big problem in Texas. There were over 26,000 work zone crashes in 2023 alone. 190 deaths and 803 serious injuries.
Work Zone Accident Causes
- Speeding through construction zones.
- Distracted driving (texting or eating).
- Lane changes near work zones.
- Following too close to other vehicles.
Work Zone Crash Injuries
- Whiplash and neck injuries from sudden stops.
- Broken bones from high impact collisions.
- Head injuries (concussions or brain trauma).
- Spinal cord damage that can cause paralysis.
- Lacerations from flying debris or broken glass.
Work Zone Legal Issues
Work zone accidents involve multiple parties. Liability can fall on drivers, construction companies or local governments. Key factors:
- Were warning signs posted?
- Did drivers follow traffic laws?
- Did construction crews follow safety protocols.
Bad Weather Accidents
Severe weather is a leading cause of car accidents in Texas. Rain, snow, fog and high winds make driving hazardous. Rain alone is responsible for 85% of weather related crashes in the state. These conditions increase the chance of losing control and make roads unsafe for everyone.
Weather Related Crash Causes
- Wet or Slippery Roads: Rain and ice reduces traction and causes vehicles to skid.
- Poor Visibility: Fog, snow or heavy rain makes it hard to see.
- Strong Winds: High winds can push vehicles into other lanes or off the road.
- Hydroplaning: Too much water on the road causes tires to lose contact with the surface.
Injuries from Severe Weather Accidents
- Whiplash: Neck strain from sudden stops.
- Broken bones: Impact from collisions.
- Head Injuries: Concussions or brain trauma.
- Spinal Cord Injuries: Can cause long term mobility issues.
- Cuts and Lacerations: Shattered glass or debris can be serious.
Liability in Severe Weather Accidents
Even in bad weather, drivers are responsible to drive safely. They must:
- Slow down when roads are wet or icy.
- Maintain a safe following distance.
- Use headlights in low visibility.
Not adjusting to weather conditions can be driver liability in accidents.
Vehicle Defect Accidents
Vehicle defects can cause serious accidents and injuries. These are often caused by manufacturing errors, poor design or lack of maintenance protocols. When a defect compromises safety it can affect not only the driver but also passengers and others on the road.
Vehicle Defect Types
- Brake Failures: Brake failure can prevent a vehicle from stopping in time and cause a crash.
- Airbag Failures: Faulty airbags may not deploy or deploy incorrectly and increase the risk of injury.
- Tire Defects: Poorly made tires can cause a blowout or loss of control.
- Steering System Failures: Defects in the steering system can cause drivers to lose control of the vehicle.
- Electrical Failures: Faulty wiring can cause a fire or disable safety features.
Defective Vehicle Injuries
- Head and Brain Injuries: Often from airbag malfunctions.
- Spinal Cord Damage: From high impact collisions due to brake or steering failure.
- Burns: From electrical fires or fuel leaks.
- Broken bones: From rollovers or severe crashes caused by structural defects.
Liability in Defect Accidents
Vehicle manufacturers, suppliers or repair shops can be liable for accidents caused by defects. To prove liability you will need:
- Proof of the defect, such as recall notices or repair records.
- Expert analysis to tie the defect to the accident.
- Proof of injuries and damages.
DUI and DWI Accidents in Texas
Driving under the influence (DUI) and driving while intoxicated (DWI) are leading causes of car accidents in Texas. Alcohol or drug impairment slows down reaction time, reduces focus and increases the risk of fatal crashes.
DUI and DWI in Texas
- Legal Limits: 0.08% BAC or higher is intoxicated in Texas. 0.04% for commercial drivers.
- Zero Tolerance for Minors: Drivers under 21 can’t have any amount of alcohol in their system.
- Drugs and Prescription Medications: Driving under the influence of illegal drugs or impairing prescription medications is also DWI.
DUI/DWI Causes
- Excessive Speeding: Impaired drivers often speed above the limit and can’t stop in time.
- Failure to Stay in Lane: Alcohol and drugs impairs coordination and causes swerving or crossing into oncoming traffic.
- Delayed Reaction Times: Intoxication slows down decision making during critical moments on the road.
- Disregarding Traffic Signals: Drunk or drugged drivers may miss stop signs or red lights.
Injuries from DUI/DWI Accidents
- Traumatic Brain Injuries: From head impacts during crashes.
- Spinal Cord Injuries: High speed crashes can cause severe back injuries or paralysis.
- Broken bones: From direct impacts or rollovers.
- Lacerations and Burns: From shattered glass or vehicle fires.
Liability in DUI/DWI
In Texas, drivers found guilty of DUI or DWI are almost always liable. In some cases, liability can also extend to:
- Bars or Restaurants: Under Texas’s Dram Shop laws, establishments that serve alcohol to an obviously intoxicated person can be liable for the accidents.
- Social Hosts: If a private party host serves alcohol to a minor who later causes an accident, they can be liable.
Speeding Accidents
Speeding is one of the leading causes of car accidents in Texas. In 2020, speeding caused over 27,000 crashes. Those crashes resulted in around 900 deaths and over 2,100 serious injuries. Speeding slows down reaction time and makes crashes more severe.
Speeding Accidents Causes
- Driver Distraction: Not noticing changes in traffic or road conditions.
- Aggressive Driving: Disregarding speed limits and traffic laws.
- Impaired Driving: Alcohol or drugs impairs judgment and encourages speeding.
- Hazardous Weather: Wet or icy roads increases the risk of speeding.
Injuries from Speeding Accidents
- Head and Brain Injuries: From high impact crashes.
- Spinal Cord Damage: Leading to long term mobility issues or paralysis.
- Fractures: Severe impacts can break bones.
- Internal Injuries: Damage to organs or internal bleeding.
- Cuts and Lacerations: From shattered glass or debris.
Liability in Speeding Accidents
Speeding drivers are usually liable in these cases. But other factors like poor road design or defective vehicles can also contribute to the crash. Liability is determined by:
- Police reports and eyewitnesses.
- Crash scene photos or videos.
- Data from the vehicle’s event recorder (black box).
What Injuries Can You Get in a Car Accident?
Car accidents can cause injuries from minor cuts to life changing conditions. Here are some of the most common injuries from vehicle crashes:
1. Whiplash
- A neck injury from the rapid back and forth motion of the head.
2. Cuts, Lacerations, and Bruises
- From broken glass, sharp objects or impact with vehicle parts.
3. Soft Tissue Injuries
- Sprains, Strains and Contusions to muscles, ligaments and tendons.
4. Broken or Fractured Bones
- Arms, legs, ribs and facial bones from the impact of the crash.
5. Spinal Cord Injuries
- Can cause partial or complete paralysis.
6. Traumatic Brain Injuries (TBI)
- Concussions and more severe brain injuries from head trauma.
7. Serious Burns
- When fires, hot surfaces or chemical spills are involved in the crash.
8. Severe Blood Loss (Exsanguination)
- A life threatening condition from excessive bleeding often requiring immediate medical attention.
Hidden Injuries
Some injuries like whiplash or concussions don’t show symptoms right away but can get worse over time. Get medical attention after an accident even if you feel fine at first.
What’s the difference between a Bodily Injury Claim and a Personal Injury Claim?
Understanding the difference between bodily injury claims and personal injury claims is important when seeking compensation after an accident. Here’s the breakdown:
Bodily Injury Claims
Definition: Focuses on the physical harm to a person’s body.
Examples:
- Disc herniations
- Broken bones
- Cuts
- Ligament tears
- Head trauma
- Insurance Context:
- Covered under the bodily injury liability section of a Texas auto insurance policy.
- Compensation includes medical bills, lost wages and pain and suffering.
Personal Injury Claims
Definition: A broader legal term that includes bodily injuries and other damages from negligence or intentional acts.
Examples:
- Bodily injuries
- Emotional distress
- Pain and suffering
- Loss of income or earning capacity
- Loss of companionship or consortium
- Key difference:
- All bodily injury claims are personal injury claims.
- Personal injury claims can include non-physical damages like emotional distress or financial losses without physical harm.
File a Claim After a Car Accident
After a car accident the injured party can file:
- Bodily Injury Claim: To get compensation from the other driver’s insurance for back, neck or shoulder damage.
- Property Damage Claim: To get your vehicle repaired or replaced.
Lawsuit
While bodily injury claims are often settled through insurance, personal injury claims require a lawsuit to get compensation for the broader damages.
How Does the Car Accident Settlement Process Work?
If you were not at fault in a car accident, the process works like this:
The Car Accident Settlement Process
- Claim Investigation
- The other driver’s insurance company investigates the accident.
- An adjuster contacts you to get evidence:
- Your version of what happened.
- Photos of the accident and your injuries.
- Medical records and proof of medical bills.
- Proof of lost wages.
- Fault Determination
- The insurer decides if their driver was at fault for the crash.
- Settlement Offer
- Once you’ve finished medical treatment the insurance company makes an offer.
- Based on the total of your losses (medical bills, lost wages) and limited by the policy’s coverage.
Why the Process Is Rarely Easy
While this sounds simple in theory, many claims run into problems:
- Fault disputes: The insurance company will argue you were partially or fully at fault for the crash.
- Injury disputes: Insurers will claim your injuries are not as bad as you say or preexisting.
- Delays: Insurance companies will drag out the process or ignore your attempts to follow up.
Car Accident Lawyer
You can hire a car accident lawyer at any time during the claims process. Ideally, you’ve hired a lawyer before you file your claim. Here’s how a lawyer can help:
- Streamlines the Process: Your lawyer will handle the paperwork, evidence and communication with the insurance company.
- Gets You More: Attorneys are skilled negotiators and will fight for a fair settlement.
- Legal Protection: If negotiations fail your lawyer can file a personal injury lawsuit on your behalf.
How long do I have to file a car accident claim?
In Texas you have two years from the date of the accident to sue the person responsible for your injuries. This is a hard deadline. If you miss it you may be out of luck.
Why You Should Act Fast
Insurance Deadlines:
- While the statute of limitations applies to lawsuits, you should notify the insurance company as soon as possible.
Insurers in Texas must:
- Respond to your claim within a certain timeframe.
- Investigate and decide to accept or deny your claim before they issue a settlement.
Settlement Negotiations:
- If you’re unhappy with the offer and they won’t negotiate further, you may have to sue. Waiting too long could kill your case.
Don’t Wait Until the 11th Hour
Waiting can hurt your case. Evidence like accident reports, witness statements and medical records get harder to get as time goes on. Acting fast gives your lawyer the best chance to build a strong case.
What If You Miss the Deadline?
If you wait more than two years to sue, the statute of limitations will have run out and the court will likely dismiss your case. You’ll have no legal recourse to get damages.
Car Accident FAQs
What if I had to get medical treatment after my car accident?
If you or a loved one had to get medical treatment for your car accident injuries, then we recommend you call us as soon as possible. If you weren’t at fault for the accident and don’t have the money to pay for medical care a qualified car accident lawyer can help you get maximum recovery.
What if my car was damaged?
If a car accident damaged your car or totaled it we recommend you call a qualified car accident attorney as soon as possible. Buying another car is expensive and car repairs cost money.
A car accident lawyer can help you get all the property damage you’re owed so you can replace what you lost from the car accident.
What do I need to prove the other person was at fault for the car accident?
After the accident gather and keep the following documents to help prove your case:
- Police Report
- Pictures of the entire scene (your car, their car, damages etc.)
- 911 call records
- Surveillance videos
- Phone records
- Medical records
- Any other miscellaneous records
What documents do I need to prove my damages?
Keep all financial records. This includes but is not limited to:
- Medical and billing records
- Insurance records
- Prior medical records
- Payroll records from your job
- Pictures (see above)
How much insurance should I have?
Texas has minimum insurance coverage requirements. As of 2023 Texas requires at least:
- $30,000 per person in bodily injury
- $60,000 per accident in bodily injury
- $25,000 in property damage coverage per accident
But if you’re ever in a car accident and you’re NOT at fault we recommend having the following coverages on your policy for the best possible outcome:
Personal Injury Protection (PIP):
- Purpose: Covers medical expenses, lost wages and other non-medical expenses regardless of fault. Useful for immediate expenses while waiting for the at-fault party’s insurance to settle.
- Texas Minimum Requirement (2024): $2,500 (opt-out available in writing)
- Recommendation: Keep this coverage and consider a higher limit, such as $10,000 or more if you don’t have health insurance or have a high deductible health plan.
Uninsured/Underinsured Motorist Bodily Injury (UM/UIM BI):
- Purpose: If hit by an uninsured or underinsured driver.
- Recommendation: Get limits at least equal to your Bodily Injury Liability (BIL) limits to cover medical expenses and lost wages.
Uninsured/Underinsured Motorist Property Damage (UM/UIM PD):
- Purpose: Covers vehicle damage from an uninsured or underinsured driver.
- Recommendation: Match this with your vehicle’s value so you have enough to repair or replace.
Collision Coverage:
- Purpose: Pays for vehicle damage from collisions regardless of fault.
- Recommendation: Required for vehicles with a loan or lease. For older, low value cars consider opting out; for newer or more valuable cars it’s recommended.
Medical Payments (MedPay):
- Purpose: Covers medical expenses for passengers regardless of fault.
- Recommendation: Optional with PIP but can add extra protection. Consider based on health insurance.
Comprehensive Coverage:
- Purpose: Covers damage from non-collision events like theft, vandalism and natural disasters.
- Recommendation: Required for some loans or leases. Consider based on car value and local risks.
Remember, while the above recommendations are for when you’re NOT at fault, it’s always a good idea to talk to an insurance agent or attorney to customize the coverage to your situation and risks.
What if the other driver doesn’t have enough insurance or no insurance at all?
In Texas every driver is REQUIRED to have a certain amount of insurance. The minimum is $30,000 per person hurt, $60,000 per accident and $25,000 per accident for property damage.
If you’re in a car accident and the other driver doesn’t have enough insurance or no insurance at all we can help you take legal action against them to get you the compensation you need.
Sometimes taking legal action is the only way to get you the funds to pay your medical bills and other losses and damages.
If you have insurance, it may include coverage for accidents with drivers who are uninsured or don’t have enough insurance (uninsured/underinsured motorist coverage). This means your insurance could pay for the damages you suffer.
Uninsured/underinsured drivers can be tricky to deal with. Our Houston car accident lawyers will guide you through it and get you what you’re entitled to.
Is Texas an at-fault state?
Texas is an at-fault state. In the State of Texas liability for car accidents is determined by the “at-fault” system. This means the person responsible for the accident is also responsible for the damages and injuries that result. So drivers are required to carry liability insurance to cover claims. The minimum liability insurance limits in Texas are:
- $30,000 per person;
- $60,000 per accident;
- $25,000 property damage.
Upon filing a claim the insurance company has 15 days to approve or deny the claim. If denied they must give a reason for the denial. If any part of the claim is approved the insurer must pay within 5 business days.
Texas is a modified comparative fault state. If both drivers are at fault in an accident a claimant can still recover but must be 50% or less at fault. However, the damages will be reduced by the percentage of fault assigned to the claimant by the court after investigation.
What if someone wrecks my car and they’re not on my insurance?
If you let someone else drive your car and they’re not on your insurance, you may still be able to file a claim with your insurance company. Insurance coverage is often tied to the vehicle not the driver. So with your permission the person driving your car is usually covered if they get into an accident.
In an accident the driver deemed “at fault” is responsible for the damages and injuries that result. If the person you let drive your car was not at fault there shouldn’t be a problem. If they were at fault there may be an issue.
Some insurance policies cover any driver operating the insured vehicle, others only cover named drivers. To find out what’s covered you should talk to your insurance company.
What if I don’t have medical insurance?
If you get hurt in a car wreck and don’t have health insurance, you need to talk to an attorney as soon as possible.
You may need to file a personal injury claim to get money to pay for your medical care. Medical bills add up fast and some people even go bankrupt trying to pay them. A Houston car accident lawyer can help you through this tough time.
What are serious injuries in a car accident?
A bad car accident can cause injuries from bone fractures and internal bleeding to spinal damage and burns. These are common injuries but others like traumatic brain injuries, paralysis and amputations can also occur. In the worst-case scenario fatalities can happen.
What if someone dies in a car accident?
There are legal consequences in Texas for car accidents that result in death.
Is it free to hire a car accident lawyer?
For most car accident cases hiring a lawyer is essentially free because lawyers work on a contingency fee basis. This means you don’t pay any upfront costs and your lawyer only gets paid if they recover for you.
How Contingency Fees Work
- No Upfront Costs: Lawyers pay the costs of handling your claim, like court filing fees, expert witness fees and investigation costs.
- Lawyer’s Fee Percentage: If your lawyer wins or settles your case their fee is a percentage of your recovery—usually 35-40%.
- Example:
- Settlement Amount: $20,000
- Lawyer Fees (35%): $7,000
- Balance Left: $13,000 (used to pay medical bills and other debts, the rest goes to you).
If no settlement or verdict is reached you owe nothing for lawyer fees.
Settlements vs. Lawsuits
- Most Cases Settle: Most car accident claims settle without ever going to court.
- Client Approval Required: Lawyers won’t file a lawsuit without your consent, you’re in control of how the case proceeds.
Lump Sum Payments
Insurance companies usually pay settlements in one lump sum not in installments. This makes it easier and you get all your money.
How Much Can I Get for My Car Accident Case?
The value of a car accident case varies because every case is different. How the accident happened, the severity of your injuries and how it affected your life all play a role in determining the settlement amount.
You can’t predict the exact figure but documenting everything helps you get the most.
What Affects Your Settlement Amount
- Medical Expenses:
- Emergency care, surgeries, medications and follow-up treatments.
- Future Medical Needs:
- Ongoing medical care like physical therapy or rehabilitation.
- Disabilities or Disfigurement:
- Permanent injuries, impairments or scarring from the accident.
- Lost Wages:
- Income lost due to missed work and impact on your future earning capacity.
- Pain and Suffering:
- Compensation for physical pain, emotional distress and reduced quality of life.
- Lawyer’s Skill
- Skilled car accident lawyers can get you more money and make sure all damages are included.
Why Documentation Matters
Keep detailed records of your medical expenses, lost wages and other accident related losses. These records are evidence for your claim and will help you get more.
How Long Will My Car Accident Case Take?
The time frame for a car accident case to settle varies depending on the case.
While most cases settle in 2-12 months some take years.
The time frame depends on the severity of the accident, extent of your injuries and whether the case goes to trial.
Factors That Affect the Time Frame
- Severity of Injuries:
- More serious crashes that result in more severe injuries take longer to settle. This is because determining long term medical costs and impact on your ability to work requires more assessments and expert opinions.
- Medical Recovery:
- Cases don’t settle until you’ve finished medical treatment or reached maximum medical improvement (MMI). This way all medical expenses and future care needs are accounted for.
- Insurance Negotiations:
- Insurers may deny or delay claims and prolong the negotiation process.
- Litigation:
- If settlement can’t be reached, filing a lawsuit and going to trial can add months or even years to the case.
Why Serious Cases Take Longer
In serious cases there are many questions about your future:
- Will you be able to go back to work?
- What will be the cost of ongoing medical care?
Answering these questions involves working with medical experts, calculating damages and sometimes negotiating with the at-fault party’s insurance company for a long time.
