A car accident can be physically, emotionally, and financially traumatic. In Texas, the more you understand how the settlement process works, the more likely accident victims are to protect their rights and avoid expensive mistakes that could deprive them of the compensation they need to dream. Though each situation is different, the process of settling claims typically follows a fairly predictable series of steps.
Understanding what you can expect at each stage of the process will make it less confusing and ensure you are taking the proper steps from the outset.
1. Seek Medical Attention and Document Your Injuries
The settlement process begins the very day the accident occurs. Health is the most important thing to worry about. A visit to a doctor will produce an official medical record tying your injuries to the crash. That said, if you need guidance on what steps to take after an accident or how to protect your claim, the Law Offices of Maloney & Campolo can help ensure your rights and recovery are fully protected.
2. Report and Take Evidence of the Crash
In Texas, you should report an accident to the police if there are injuries, fatalities, or property damage exceeding $1,000. A police report is objective evidence of what occurred and often becomes a significant piece of evidence in the settlement process.
At the scene, obtain as much information as possible, including photos of vehicle damage and road conditions, visible injuries, and the other driver’s insurance and contact information. (If there are witnesses, ask for their names and what they saw, too.)
3. Notify the Insurance Companies
The next step is to contact your insurance company and tell them that an accident occurred. Texas is considered an “at-fault” state, which means the driver responsible for the accident is on the hook to pay at least a portion of the damages.
4. Investigation and Evidence Review
The insurer starts its investigation as soon as a claim is submitted. Adjusters may also review the police report, medical records, witness statements, photos and videos, and repair estimates.
In Texas, they follow a modified comparative negligence rule — meaning your award decreases if you bear some of the responsibility, and if your fault exceeds 50 percent, you should not receive any award at all.
5. Settlement Negotiations
The insurance company will offer the first round of settlement after it has reviewed everything. This initial offer is typically a lot less than the value of the claim. Negotiations usually involve:
- Showing the extent of your injury
- Providing medical bills, lost wages information, and future treatments required at trial.
- Demonstrating how the accident has affected your everyday life
The majority of Texas car accident claims are resolved through negotiation outside the courtroom, particularly when the injured parties have strong evidence.
Takeaways
Knowing the process for a Texas car crash settlement will help you make an informed decision and avoid costly errors. Remember these important points:
- Seek urgent medical attention to provide evidence for your claim and preserve your health.
- Police complaints and detailed evidence collection ensure you have a case.
- Texas is an at-fault state, and insurance companies will probe with a fine-toothed comb.
- Comparative negligence statutes could factor in how much compensation you get.
By taking the right approach and obtaining proper assistance, you will know how to navigate settlement in Texas with confidence and give yourself a better chance at a full recovery.
