Car Accident FAQs
We offer answers to frequently asked questions in the wake of a serious motor vehicle accident until you have the chance to discuss your accident and injuries during a free case evaluation with our Car Accident Lawyers. Please use the links below to find the information you need.
- What Do You Do After a Car Accident?
- How Long Do You Have to Report a Car Accident to Your Insurance?
- Do You Have to Call the Police After a Minor Car Accident?
- How Do You Know Who Was at Fault for a Car Accident?
- Is the Rear Driver Always Liable for a Rear-End Collision?
- How Long After a Car Accident Can You File a Lawsuit?
- How Do Insurance Companies Settle Auto Claims?
- What Types of Damages Will a Car Accident Settlement Cover?
- How Long Does It Take to Get a Settlement from a Car Accident?
- Do You Have to Accept an Insurance Settlement?
- What Is Included in Pain and Suffering, and How Much Can You Get for It?
- What Will Insurance Pay for a Totaled Car?
- Can I Get Insurance after an Accident?
- Can Someone Drive Your Car if They Are Not on Your Insurance?
- Do I Need a Lawyer after a Car Accident?
- How Much Does a Lawyer Get from a Car Accident Settlement?
- How Do I Find the Right Car Accident Lawyer for Me?
What Do You Do After a Car Accident?
After a car accident, the most important step is to seek immediate medical attention, especially if there are visible injuries or you're experiencing pain or discomfort. Even if you feel fine, you should still schedule an appointment with your primary healthcare provider, as some injuries may not show immediate symptoms.
Safety First: If emergency transport isn't required and your vehicle is still operational, move it to safety. Once you're in a safe location, turn your hazard lights on and ensure the safety of any passengers or others involved in the accident.
Call the Police: Next, you should call the police to come to the scene. Even if the other driver asks you not to involve law enforcement, call the police. A police report can only be generated if the officer comes to the scene. This report is often a critical piece of evidence in a car accident claim or lawsuit.
Gather Information:Exchange information such as names, phone numbers, driver's license numbers, insurance information, and vehicle identification numbers with all other drivers. It's also a good idea to write down the make, model, and license plate numbers of all vehicles. Take photos and/or videos of the accident scene if possible, including damage to all vehicles, road conditions, traffic signs, skid marks, and any visible injuries.
When filing an insurance claim or pursuing legal action, this documentation can serve as vital evidence to support your case. If there are witnesses present, you should ask for their contact information as their accounts of what happened can be valuable in confirming the details of the incident. While discussing the accident with any other parties involved, avoid admitting fault or making statements that could negatively impact your claim.
After exchanging information, documenting the scene, and taking down witness accounts, you should report the accident to your insurance company. When reporting the accident to your insurance company, it's essential to provide them with accurate and complete details but be mindful of how you communicate.
In an effort to minimize the amount they have to pay out, insurance adjusters are going to try to get you to settle as quickly as possible. It's wise to consult with an experienced car accident lawyer before agreeing to any settlement offers. A lawyer can prevent you from unintentionally jeopardizing your claim and ensure the settlement you receive fully accounts for all of your losses.
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Steps After a Car Accident
How Long Do You Have to Report a Car Accident to Your Insurance?
Most policies require that you report accidents "promptly," but the exact definition of "promptly" can vary. The time frame for reporting a car accident to your insurance company depends on the specific terms of your insurance policy. While some policies may specify a certain number of days; (such as 10 or 30) others may leave the term vague or subject to interpretation. Failing to report a motor vehicle accident within the required time frame can result in your insurer denying coverage.
To avoid delays or potential issues with your claim, it's best to report the accident as soon as possible Additionally, even if an accident seems minor or you don't feel that you have suffered significant damages, it's still important to notify your insurer.
Minor accidents can sometimes result in unforeseen issues, such as delayed injuries or damage to your vehicle that may not be immediately obvious. The sooner you notify your insurance company, the sooner they can start processing your claim and address any necessary repairs or medical treatments.
Do You Have to Call the Police After a Minor Car Accident?
According to the Texas Department of Transportation (TxDOT), you must call the police in the following situation:
- If anyone is seriously injured or killed in the accident
- If the accident causes damage to any vehicle that prevents it from being moved or exceeds $1,000.
- If one of the drivers involved appears to be under the influence of alcohol or drugs
- If one of the drivers lacks insurance coverage
- If one of the drivers leaves (hit and run) or tries to leave the scene without providing their information
Regardless of how minor the accident seems it is often advisable to contact the police to protect your safety and legal rights. For instance, even if you feel fine after a car accident, symptoms of some injuries like traumatic brain injuries may not manifest right away.
The same can be true for vehicle damage. While the car may seem to have only minor dents or scratches, underlying structural or mechanical damage can exist and become a serious issue later. An official police report can help document these concerns, providing important evidence of hidden damage or injuries that may not be immediately apparent.
How Do You Know Who Was at Fault for a Car Accident?
Determining fault in a car accident in Texas requires a detailed investigation that looks at various factors, including driver behavior, evidence of any vehicle defects, and weather conditions at the time of the collision. The investigation will typically begin with examining whether any drivers involved in the accident engaged in negligent or unsafe behavior, such as distracted driving, speeding, or tailgating.
In addition to driver behavior, vehicle defects such as faulty brakes, worn-out tires, or malfunctioning lights are thoroughly investigated, as they can significantly contribute to an accident. For example, if a vehicle's brakes malfunction due to a manufacturing defect and cause a rear-end collision, the manufacturer or supplier of the defective brakes could be held liable for any resulting injuries or damages.
Adverse weather conditions also play a crucial role in determining fault. If the accident occurred during heavy rain or fog, a driver may be found partially responsible for an accident if they failed to adjust their driving speed or maintain a safe distance.
Several types of evidence, such as police reports, medical records, witness statements, and images or videos of the accident scene, are collected to establish fault and support an investigation. Forensic analysts may be brought in to review all available evidence and provide a clearer picture of the events leading to the crash in more complex cases. While law enforcement officers and insurance adjusters may make initial assessments of fault, the courts will ultimately determine who is liable if you decide to pursue a personal injury lawsuit.
Is the Rear Driver Always Liable for a Rear-End Collision?
Contrary to popular belief, the driver in the back is not always responsible for a rear-end collision. For example, the front driver can be held accountable for a motor vehicle accident in certain situations, such as if they fail to signal when turning, brake suddenly without warning, or fail to repair malfunctioning brake lights.
In some cases, both drivers may share responsibility for the accident. This can happen if, for instance, the front driver makes an unexpected lane change without signaling, cutting off the rear driver, who is following too closely. Both drivers could share responsibility in this scenario, the front driver for failing to signal before changing lanes and the rear driver for not maintaining a safe following distance.
Additionally, there are instances where a third party, such as another driver or road hazard, may be responsible for a rear-end crash. For instance, if a road hazard like an unexpected pothole causes the front driver to stop abruptly and the rear driver doesn't have enough time to react, the rear driver may not be entirely to blame if they slam into the front car. Determining fault in rear-end collision cases requires carefully evaluating all contributing factors, including the front driver's actions and any third-party involvement.
How Long After a Car Accident Can You File a Lawsuit?
Texas Civil Practice and Remedies Code § 16.003
The statute of limitations (SOL) for personal injury claims in your state will dictate the time frame within which you can file a lawsuit after a car accident. In Texas, the SOL for any personal injury claim, including car accidents, is generally two years from the date of the accident.
There are, however, a few exceptions to this rule:
- If you're severely injured or incapacitated (like in a coma), the statute of limitations will not begin until you are able to make decisions on your own.
- If the at-fault driver leaves the state or cannot be located, the clock won't start running until they are found.
- If the accident involves a minor, the SOL is tolled until the child turns 18.
While this two-year window may seem sufficient, delaying action can make it more challenging to gather and preserve crucial pieces of evidence. Witnesses may forget details, traffic camera footage could be erased, and physical evidence might be lost over time.
Additionally, if you fail to file your lawsuit within the two-year time frame, you could risk losing your right to seek compensation. For these reasons, you should consult with a skilled car accident attorney as soon as possible.
How Do Insurance Companies Settle Auto Claims?
Insurance companies typically settle car accident claims through negotiations with the claimant. As profit-driven businesses, insurers often aim to settle claims as cheaply as possible. Even if they seem friendly, it is essential to recognize that the insurance adjuster is not on your side and will utilize every tactic in the book to get you to accept less than what you deserve.
Insurance companies often require you to sign a release when settling a claim. Unless you're certain the settlement covers all your damages, including potential future medical experiences, it's crucial not to sign anything before speaking to an experienced auto accident attorney.
Once you agree to a settlement, perhaps the most important thing to remember is that once you agree to a settlement you won't be able to pursue additional compensation later. That's why having an attorney on your side who can ensure the amount being offered covers both your immediate and long-term needs is crucial.
How Much Money Can You Get from a Car Accident Settlement?
As each case is unique, the amount of money you may get from a car accident settlement will depend on the specific circumstances of your accident and the nature, location, and extent of your injuries. Typically, insurance companies are the first to estimate how much you're owed after a car accident.
To assess your economic damages, as well as how much you might be owed for your pain and suffering, they gather detailed information about the accident, your injuries, medical expenses, and other related costs. The more severe your injuries are and the greater their impact on your quality of life, the higher your potential compensation award will be.
Settlement awards in Texas car accident cases can vary widely from a few thousand to several hundred thousand dollars. On average, car accident cases in the Texas settle for approximately $22,000, slightly above the national average of $19,000. In getting you the maximum possible settlement, having a good personal injury lawyer who can help you navigate the complex legal process can make all the difference.
What Types of Damages Will a Car Accident Settlement Cover?
After a car accident, victims face a range of financial and emotional burdens. From medical bills to lost income, these expenses can add up quickly, leaving accident victims struggling to make ends meet. Typically, there are two main categories of damages victims can recover after a car accident: economic and non-economic damages. In rare cases, punitive damages may also be awarded.
Economic damages cover the financial losses directly linked to the accident. These include:
- Past and future medical bills (hospital stays, surgeries, and medications)
- Lost income or wages if injuries sustained in the accident cause you to miss work
- Reduced earning capacity in cases where an injury affects your ability to earn a living in the same capacity
- Costs associated with repairing or replacing your vehicle
- Out-of-pocket expenses related to the accident, such as transportation costs, home modifications, or assistive devices
- Rehabilitation costs, including physical, occupational, or speech therapy
Non-economic damages refer to compensation for losses that do not have a specific monetary value but still significantly impact a person's quality of life following an accident. Unlike economic damages, which can be quantified through bills and financial records, non-economic damages are more subjective and vary widely from case to case.
Some common types of non-economic damages include:
- Physical pain and discomfort
- Scarring and disfigurement
- Disability and permanent impairment
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of companionship and support from a spouse
Punitive damages may be awarded in cases where the motorist who caused the accident is guilty of gross negligence or intentional misconduct, such as road rage, drunk driving, or reckless driving. Unlike compensatory damages, punitive damages are intended to punish the at-fault party and deter others from engaging in similar behavior.
Proving these damages can be difficult, and they are generally awarded only in the most egregious cases of misconduct. A knowledgeable personal injury attorney can increase your chances of receiving the compensation you deserve for all losses resulting from a car crash.
How Long Does It Take to Get a Settlement from a Car Accident?
The amount of time it takes to settle a car accident claim depends on several factors, such as the complexity of the accident, the severity of the injuries, and the quality of evidence supporting your claim. In general, the more straightforward the case, the quicker it can be resolved.
For example, if the fault is clear, your injuries are well-documented, and you have fully recovered, your claim may be settled within a matter of weeks. However, if the insurer suspects that you are exaggerating your injuries or that you may have been partially at fault, the process may take significantly longer.
Cases involving serious or long-term injuries, like spinal cord damage or traumatic brain injuries, often require extensive medical documentation, expert testimony, and sometimes even a prolonged negotiation process with insurance companies. Settling too early in cases involving serious injuries could mean missing out on compensation for future medical expenses or ongoing rehabilitation. With an attorney's guidance, you can avoid common pitfalls, such as settling too quickly or accepting less than your claim is worth.
Do You Have to Accept an Insurance Settlement?
No, you are not obligated to accept an insurance settlement, particularly if it seems unfair or unreasonably low. Insurance companies often make initial offers that don't take all injuries, future expenses, and other accident-related losses into account.
It is important to understand that if you reject their offer, you will need to either continue negotiation or file a lawsuit to pursue fair compensation. While it can be tempting to accept a fast settlement, accident victims should understand that rejecting a low offer is part of the negotiation process.
If you're unsure whether an insurance settlement offer is fair, it's essential to consult with an experienced personal injury lawyer who can evaluate the offer and prepare to escalate the matter by filing a lawsuit. While lawsuits are typically a last resort, insurers may be more willing to negotiate a fair settlement if they see that your lawyer is taking your case to court.
What Is Included in Pain and Suffering, and How Much Can You Get for It?
Pain and suffering refer to physical pain and emotional distress the victim has experienced because of an accident or injury caused by someone else's negligence. The purpose of these damages is to reimburse the accident victim for the physical discomfort and mental stress or anguish they've experienced because of the accident.
These damages also include compensation for loss of enjoyment of life and disfigurement or physical impairment. The amount of compensation an accident victim can recover for pain and suffering will depend on several factors, including the severity of the injury, how serious the pain is in the aftermath, and whether they’ve suffered from a disability or any lasting damage.
Injuries that lead to significant medical bills, missed work, or ongoing treatment are likely to result in higher compensation awards. For example, if a person suffers severe burns after an accident, they are likely to receive more compensation than someone who breaks their arm.
Factors that might increase an accident victim's financial recovery for pain and suffering damages include documented physical pain and/or the development or worsening of mental health disorders, a prolonged hospital stay, or the need for rehabilitative therapy. As there are no direct financial losses associated with pain and suffering, assigning a monetary value to these damages can be challenging. The jury is typically responsible for deciding a reasonable compensation amount based on the evidence presented.
What Will Insurance Pay for a Totaled Car?
If your car is declared totaled after an accident, your insurance will typically pay you the vehicle's fair market value, or actual cash value (ACV), at the time of the accident. Gap insurance can cover the remaining balance after an ACV payout if you have an outstanding loan or lease on the car.
A car is likely to be declared totaled by the insurance company if the cost to repair it, minus any salvage value, is about the same or exceeds the car's book value at the time of the crash (taking depreciation into account). An insurance company will declare a vehicle a total loss even if the repair costs are slightly less than the car's value if they determine the car would still be unsafe to drive even after repairing the damage.
Before deciding whether the vehicle qualifies as a total loss, the insurance company will send an adjuster to assess the damage and estimate repair costs. It's essential to keep in mind that the insurance payout may not match the original price you paid for the car, cover the cost of buying a new one, or fully pay off your remaining auto loan balance.
Can I Get Insurance after an Accident?
Yes, you can obtain car insurance after an accident, but it's important to understand that the new policy will not cover damages you incurred in an accident that happened before you purchased the insurance. If you were at fault in the accident and did not have the required minimum insurance at the time of the crash, you could be held personally liable for any resulting damages.
This can put your financial security at serious risk, particularly if you do not have sufficient assets to cover the damage. Additionally, you could face legal penalties, such as fines, license suspension, or even the impoundment of your vehicle, for failing to meet Texas's mandatory insurance requirements. Attempting to file a claim for an auto accident that occurred before you purchased the insurance is called "backdating" and is considered a form of insurance fraud.
Can Someone Drive Your Car if They Are Not on Your Insurance?
Yes, someone can drive your car even if they are not listed on your insurance policy. In Texas, auto insurance is tied to the driver rather than the vehicle. As long as the driver has your permission, they are generally covered under your insurance policy, regardless of whether they are listed.
However, there are important limitations to be aware of:
- Coverage Limits and Deductibles: While your insurance may extend coverage to someone you lend your car to, in the event of an accident, it may offer lower limits or a higher deductible. This means that if the driver is involved in an accident, the coverage provided could be less than what you would receive if you were driving, or the other driver may be required to pay a higher deductible.
- Unlicensed or Inexperienced Drivers: Insurance will typically not cover an unlicensed driver or someone with a limited amount of experience behind the wheel.
Despite Texas operating under a "permissive driver" rule, you should always review your policy and discuss any uncertainties with your insurance provider to ensure you're fully informed. Some insurance policies, for instance, are crafted to only cover named drivers. The state has been working to eliminate this type of coverage; however, these policies have become less.
Do I Need a Lawyer after a Car Accident?
If you suffered serious injuries, medical expenses, or property damage, or if there is a chance that your claim may be contested, you'll likely need to consult with a car accident attorney. Additionally, while Texas requires drivers to have car insurance, not all drivers follow the law. If the other driver involved in your accident does not have adequate insurance, a skilled attorney can help you explore your options for recovering compensation.
On the other hand, if you were involved in an auto accident that resulted in minor property damage and your injuries are minimal, you may not need legal assistance. The car accident lawyers at Miller Weisbrod Olesky can help determine if you have a valid case during your complimentary consultation.
How Much Does a Lawyer Get from a Car Accident Settlement?
A personal injury lawyer typically receives 30% to 33% of a car accident settlement as their contingency fee. This means they receive a percentage of the total settlement if they successfully secure compensation for you. If they are unable to recover compensation in your case, you don't have to pay their fee. However, depending on the terms of your agreement with your lawyer, you might still be responsible for court costs and other expenses related to filing your case.
Once a settlement is reached, your attorney will manage the distribution of funds. They will first deduct any agreed-upon fees and expenses before sending the remaining amount to you. Most car accident cases aim for a settlement, but in some instances, taking the case to trial becomes necessary.
As the case progresses, the contingency fee may increase and reflect the additional work required to prepare for trial. For example, some lawyers offer conditional deals, such as charging 33% if the case settles out of court but increasing the fee to 40% if the claim proceeds to trial. While these percentages are standard, your fee agreement may vary depending on factors like the complexity of the claim and how long it takes to settle. Discussing these details with your lawyer before signing any agreement is crucial.
How Do I Find the Right Car Accident Lawyer for Me?
Finding the right car accident lawyer requires careful consideration of their experience, track record, and communication skills. As you search for an attorney, you should choose one with a proven history of favorable outcomes for clients in cases like yours. Additionally, you should look for a personal injury lawyer who is board-certified in personal injury or trial law. This certification signifies that the attorney has completed rigorous training and demonstrated expertise in their field.
At Miller Weisbrod Olesky, our experienced car crash lawyers have decades of combined experiencing helping victims of auto accidents and their families recover the compensation they need to they need to cover the cost of mounting medical bills, make up for lost wages, and address the long-term impact of their injuries. Additionally, our team of car accident lawyers is led by Clay Miller, a Personal Injury Board-Certified Trial Specialist. Fewer than 2% of all Texas attorneys are Board-Certified and even fewer are personal injury trial law specialists.
If you or a loved one has been injured in a car accident, we encourage you to schedule a free, no-obligation case review with one of our attorneys by calling our toll-free line at 888-987-0005 or by filing out our online form.