What should I do if I had to get medical treatment after my car accident?
If you or a loved one had to seek medical treatment for your car accident injuries, then we recommend speaking with us as soon as possible. If you were not at fault for the accident and do not have the money to pay for medical care, a qualified accident lawyer can help you recover maximum compensation.
What should I do if my vehicle was damaged?
If a car accident damages your vehicle or completely totals it, we urge you to speak with a qualified car accident attorney as soon as possible. Purchasing another vehicle is expensive and vehicle repairs cost money.
An experienced car accident attorney can help you receive the full amount of property damage owed to you so that you can afford to replace what you’ve lost from the car accident.
What records do I need to prove the other person is at fault for the car accident?
After your accident, you should gather and hold onto the following documents to help prove your case:
1. Police Report
2. Pictures of the entire scene (your car, their car, damages, etc.)
3. 911 call records
4. Surveillance videos
5. Phone records
6. Medical records
7. Any additional/miscellaneous records
What documents do I need to prove my damages?
You should keep all financial records on hand. This includes, but is not limited to, the following:
1. Medical and billing records
2. Insurance records
3. Prior medical records
4. Payroll records from your job
5. Pictures (see above)
How much insurance coverage should I have?
Texas has minimum insurance coverage requirements. As of 2023, Texas requires at least:
- $30,000 in bodily injury coverage per person
- $60,000 in bodily injury coverage per accident
- $25,000 in property damage coverage per accident
However, if you are ever involved in a car accident and are NOT at fault, we recommend having the following coverages on your insurance plan for the best possible outcome:
Personal Injury Protection (PIP):
- Purpose: Covers medical expenses, lost wages, and other non-medical costs 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: Retain this coverage and consider a higher limit, such as $10,000 or more, especially if without health insurance or with a high-deductible health plan.
Uninsured/Underinsured Motorist Bodily Injury (UM/UIM BI):
- Purpose: Protection if hit by a driver without insurance or with insufficient insurance.
- Recommendation: Consider limits at least equal to desired Bodily Injury Liability (BIL) coverage to ensure coverage of medical expenses and potential 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, ensuring enough coverage for repairs or replacement.
Collision Coverage:
- Purpose: Pays for vehicle damage from collisions, regardless of fault.
- Recommendation: Essential for vehicles with a loan or lease. For older, low-value cars, consider opting out; for newer or valuable cars, it’s recommended.
Medical Payments (MedPay):
- Purpose: Covers medical expenses for passengers, regardless of fault.
- Recommendation: Optional with PIP but can offer added protection. Consider based on health insurance circumstances.
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 focus on protecting you when you’re NOT at fault, it’s always a good idea to consult with an insurance agent or attorney to tailor the coverage to your personal circumstances and potential risks.
What if the other driver doesn’t have enough insurance coverage or no insurance at all?
In Texas, every driver is REQUIRED to have a certain amount of insurance coverage. The minimum is $30,000 for each person hurt, up to a total of $60,000 per accident, and $25,000 for damage to property in each accident.
If you’re involved in a car accident and the other driver either doesn’t have enough insurance or none at all, we can assist you in taking legal action against them to get the compensation you need.
Sometimes, taking legal action is the only way to ensure you get the funds to cover your medical bills and other losses/damages.
If you’ve got insurance, it might include coverage for accidents with drivers who are uninsured or don’t have enough insurance (uninsured/underinsured motorist coverage). This means your insurance could help pay for the damages you incur.
Dealing with accidents involving uninsured/underinsured drivers can be tricky. Our team of Houston car accident lawyers is here to guide you through it and make sure you get what you’re owed.
Is Texas an at-fault state?
In the State of Texas, liability for car accidents is determined based on the “at-fault” system. This means that the individual deemed responsible for causing the accident is also responsible for any resulting damages and injuries. Consequently, drivers are required to carry liability insurance to cover potential claims. The minimum liability insurance limits in Texas are:
- $30,000 for bodily injury per person;
- $60,000 total for bodily injury per incident; and
- $25,000 for property damage.
Upon filing a claim, insurance providers have a 15-day window to either approve or deny the claim. If denied, they must provide a clear reason for the decision. If any portion of your claim is approved, the insurer is obligated to disburse the payment within five business days.
Additionally, Texas adheres to the modified comparative fault rule. In situations where both drivers are found to be at fault, a claimant can still recover damages, provided they are deemed 50% or less at fault. However, the compensation awarded will be reduced by a percentage equivalent to the claimant’s degree of fault, as determined by the courts after thorough investigation.
What if someone wrecks my vehicle and they aren’t on my insurance?
If you permit another individual to operate your vehicle, and they are not listed on your insurance policy, it may still be possible to submit a claim with your insurance provider. This is because insurance coverage is often linked to the vehicle, rather than the specific driver. Therefore, with your consent, the individual operating your vehicle is typically covered in the event of an accident.
In the event of an accident, the driver deemed “at fault” is primarily responsible for addressing any resulting damages or injuries. If the individual you permitted to drive your vehicle was not at fault, there shouldn’t be any issues. On the other hand, if they were found to be responsible for the accident, they might bear liability.
It’s worth noting that while some insurance policies cover any driver operating the insured vehicle, others may only cover designated drivers. To find out the specifics of your coverage, you should consult with your insurance provider.
What if I don’t have medical insurance?
If you get hurt in a car wreck and don’t have health insurance, it’s important to talk to an experienced lawyer as soon as possible.
You might need to file a personal injury claim to get money to pay for your medical care. Medical bills can add up quickly, and some people even go bankrupt trying to pay them. A car accident lawyer in Houston can guide you through this tough time.
What injuries are considered serious in car accidents?
A severe car accident can result in injuries ranging from bone fractures and internal bleeding to spinal damages and burns. While these injuries are frequently observed, others, such as traumatic brain injuries, paralysis, and even amputations, might also occur. Tragically, in the gravest of situations, fatalities can happen.
What if someone dies in a car accident?
There are legal implications in Texas for car accidents that result in a fatality.
Please see this page for more information on car accidents that involve a death: Fatal Car Accidents