Many personal injury cases are resolved in a Texas car accident settlement rather than in litigation. Working through the settlement process requires an in-depth understanding of the laws of Texas.
Immediately after an accident, understand what steps you need to take to protect your right to file a legal claim. Texas law mandates that drivers file a crash report no later than 10 days if the accident has not been evaluated by a police officer and when it is associated with death, injury, or property damage of more than $1,000.
A good rule of thumb is to always contact the authorities as this could prove important in your Texas car accident settlement and document exactly what happened leading up to the accident.
Take pictures and collect other evidence such as contact information for eyewitnesses at the scene of the accident and take pictures of the involved vehicles.
Furthermore, it makes sense to note the road and weather conditions at the time of the crash.
Fault Laws in Texas
Texas is a fault car accident state, meaning that your first step in a Texas car accident settlement process is to start an insurance claim against the at-fault driver.
You may also wish to initiate a lawsuit against the at-fault driver if your damages are significant.
Texas law requires that individuals have minimum insurance limits of $30,000 for every injured person, $60,000 total for injuries for each accident, and $25,000 for property damage.
Filing a claim with your personal insurance carrier is important right away if you wish to obtain a Texas car accident settlement. Within 15 days of receiving your information, the insurance company must either reject or accept your claim and explain why your claim was denied. If your claim is accepted to be paid out, payment must be sent no later than five business days later.
The willingness to settle any amount offered following a vehicle accident depends on the evidence in your case, which is why it is so important to get medical attention and to consult with an experienced attorney immediately.
Police reports, witness statements, and photographs from the accident can be very important and settlement talks may still continue if you have already filed a personal injury lawsuit.
The insurance company may ask you to approve a release stating that you will not sign any other claims associated with the same accident, however, you should wait to do this unless you are fully satisfied with your Texas car accident settlement.
Your personal injury attorney can tell you more about whether a Texas car accident settlement fully and fairly compensates you for the injuries you have sustained.
The average timeline for a Texas car accident settlement depends on many factors involved in the accident such as costs of necessary and reasonable medical expenses, the severity of your injuries, the amount of documentation and evidence you provide, the types of insurance coverage maintained by both parties, and whether or not you contributed to the accident.
Because Texas follows a modified comparative negligence doctrine, this means that your damages could be reduced or barred entirely associated with your degree of fault. Remember that you have a maximum of two years to file an injury claim and work towards a Texas car accident settlement.
If you’ve been involved in a Texas car accident, schedule a consultation with the lawyers at McDonald Worley today.