You should not wait long to report a car accident in Texas to your insurance company. You may generally have 30 days to file a claim with your insurer. This deadline may be different for each insurance policy. Checking your insurance policy is the clearest way to understand the filing deadline.
Accident victims face a challenge: they must act quickly, but must be careful. Statements that you make to the insurance company can be detrimental. While you must promptly file your case, you may benefit from a lawyer’s advice.
What Other Deadlines Might You Face?
Law enforcement may have documented your accident. If police did not arrive on the scene, you may need to report your collision. Your lawyer may use Crash Report, Form CR-2 from the Texas Department of Transportation (TxDOT) to report your accident. You generally have ten days after your accident to file this report.
You may need to report injuries from your accident. You may include these injuries when filing your insurance claim.
Your lawyer will investigate all possible reporting deadlines when you hire them. This will ensure that you don’t miss any deadlines. Missing even a single filing deadline could compromise your pursuit of a financial recovery.
Should I Seek Out Medical Care After a Car Accident?
You should absolutely get medical care after your car accident – even if you must pay out of pocket. Insurance companies may require proof of your injuries. If they don’t receive sufficient proof, they might not pay that part of your claim. It’s also important to seek medical care because:
- You could have undiagnosed injuries: Serious injuries may not show immediate symptoms. Medical diagnosis is necessary to rule out any undiscovered injuries.
- Your injuries may be healing: If you wait too long to receive medical care, your injuries may appear less serious than they are. Many injuries heal with time, and it’s important to document your injuries as they currently are.
- Records are crucial in legal cases and insurance claims: Whether you pursue an insurance claim or lawsuit, it’s crucial to have a record of your injuries. Such records can be key evidence during settlement negotiations.
You may also need to report your injuries. Having a clear record of those injuries is a first step towards reporting them.
Are Drivers in Texas Required to Have Insurance?
One question you must consider before you file an insurance claim is: does the at-fault driver have auto insurance? Texas is a “fault” state when it comes to auto insurance. This means that the at-fault driver is generally liable for damages they cause. Motorists in Texas must prove they can cover any losses they cause. This typically means buying liability insurance.
Minimum liability insurance coverages in Texas include:
- $30,000 to cover bodily injury to one person in an accident
- $60,000 to cover bodily injury to two or more people in an accident
- $25,000 to cover property damage in an accident
The party liable for your accident may have had these minimum coverages. They may have more coverage, or may have less coverage—or no coverage. The state of the liable party’s insurance is very important. Insurance coverage may determine whether you file a lawsuit.
Can Insurance Companies Reject Your Claim?
An insurance company may reject your claim. They may not always do so in good faith. Insurance companies may also:
- Coerce you into accepting liability for your accident
- Misrepresent your words or actions
- Delay your claim
- Offer an unfair settlement
- Pressure you with attorneys and legal tactics
Rejection isn’t the last stop for your case. If an insurer rejects your car accident claim, you may file a lawsuit.
Can I File a Lawsuit for a Car Accident in Texas?
You can. Your personal injury lawyer can file and complete your lawsuit. Like an insurance claim, a personal injury lawsuit may have a deadline. Texas Civil Practice and Remedies Code § 16.003 generally allows you two years to file a personal injury lawsuit. You generally have the same time frame to file a wrongful death lawsuit.
Whether you resolve your case through insurance or a lawsuit, our firm will:
- Gather evidence
- Help you get medical treatment
- Document your losses
- Deal with the insurance companies
- File your insurance claim
- Review settlement offers
- File a lawsuit if necessary
- Negotiate a settlement
- Go to trial if necessary
You can retain our firm immediately after your accident. We won’t wait to report your car accident to the insurance company. We’ll honor all other deadlines that apply to your case.
Call D. Miller & Associates, PLLC™ to Discuss Your Car Accident
Car accidents can turn complicated quickly. You may face several high-stakes decisions in a short period of time. Your lawyer will guide you through this difficult period. We’ll handle every step of your case.
Call D. Miller & Associates, PLLC™ today at (713) 850-8600 for a free consultation. Remember the deadlines that may apply to your case—don’t wait to call. Regardless of whether the accident was your fault or not, you should report it. Our team can do this for you.
Related Frequently Asked Questions
- What Should I Do If I Was Involved in a Commercial Vehicle Accident?
- Can You Sue for Whiplash?
- What Should You Do if You Are Injured as a Pedestrian Accident in Texas?
- Does the At-Fault Party’s Insurance Pay Your Car Accident Damages in Texas?
- What if You Have Trouble Paying Medical Bills After a Serious Car Accident?