Misconceptions About Car Accident Claims in Texas
No one is ever fully prepared for what they should do after getting into a car accident, even a minor one. You’ll likely be left with many questions about how to proceed, such as “Who is to blame in a car accident?”, “What if I was partially at fault for the accident?” or “Who will pay for damages after a car accident?” Truly understanding the answer to these questions can help you have a faster, more efficient claims process and get you the compensation you deserve.
It is vital to speak with a car accident attorney to learn more about the legal steps you should be taking after a crash, contact us at The Torres Law Firm. We’re proud to serve the citizens of Corpus Christi, Texas, and those in and around Dallas and Fort Worth.
My Own Insurance Will Be Responsible for Covering Medical Costs and Damages to My Car
This is generally untrue, though there may be times when you do need to seek compensation from your own insurance provider. Texas is what’s known as an “at-fault” state, meaning the person who caused the accident is also responsible for paying any damages that resulted from it. However, in order to get this compensation, you’ll need to prove fault by providing sufficient evidence.
I Don’t Need to Seek Medical Attention Because I Feel Okay
It’s almost always a good idea to seek medical attention after an accident, even if you feel your injuries are minor or don’t feel hurt at all. Car accidents can often inflict injuries that aren’t noticeable in the hours, days, or even weeks after the crash. This is especially true for whiplash injuries that are common in auto wrecks. Only a doctor can say for certain if your physical health has been compromised by the crash, so you need to do this for your own sake. You should also do so to obtain documentation that can help your case should you need to seek compensation for medical bills. Additionally, if you are injured and don’t receive treatment in a timely manner, the insurance company may dismiss your claim, declaring that your injuries weren’t really serious.
If It’s a Minor Accident, It’s Not Necessary to File a Police Report
The first question that many people ask after a crash is, “Is it necessary to report the accident?” The answer is almost always yes, but it’s worth going over state law. In Texas, you’re required to report a car accident if a car was damaged enough that it can’t be safely driven away from the scene or if it resulted in the death or injury to someone. Because car accident injuries can slip by unnoticed at first, it’s usually a good idea to call the police, even if you don’t feel obviously injured.
I Can’t File a Personal Injury Claim Because I Was Partially At Fault
It’s possible that fault can be shared between the two drivers under Texas’s modified comparative negligence law. This states that a driver can seek compensation as long as they hold less than 50% of the blame. For example, if you were found to be 10% at fault for the accident occurring and the final settlement was $10,000, you would only receive $9,000. However, if your fault is above this 50% threshold, you’re barred from seeking any damages, which is why working with a personal injury attorney can be so helpful.
I Don’t Need an Attorney to File a Personal Injury Claim
Technically, you don’t need an attorney to file a personal injury claim, but most people find the process to be too complicated without legal help, and you’re likely to receive a higher settlement when working with a lawyer.
Practical & Purposeful Legal Advocacy
If you’re in the Corpus Christi, Texas, area and would like to learn more about your options after a car accident, reach out to us at The Torres Law Firm. Our team has the practice, skills, and compassion to assist you after these challenging times while keeping your best interests in mind. We can help you get back on your feet and pursue fair and just financial compensation. Contact us today to schedule a consultation.