If you’ve been in a car accident, you may be dealing with pain, medical bills, and stress while trying to navigate the insurance claim process. Understanding the basic steps can help you avoid common mistakes and maximize your compensation.
This guide walks you through how to file a car accident injury claim, from proving liability to negotiating a fair settlement.
Step 1: Understand Texas Car Accident Laws
Before filing a claim, it’s crucial to understand the legal framework governing car accidents in Texas.
Texas Liability & Comparative Negligence Laws
Texas follows a modified comparative negligence rule, meaning you can only recover compensation if you’re less than 51% at fault. If you’re partially responsible, your settlement may be reduced based on your percentage of fault. The statute of limitations for filing a personal injury claim in Texas is two years from the accident date.
Why Legal Representation Matters
Insurance companies often minimize payouts by arguing shared fault or downplaying injuries. Having an experienced car accident lawyer ensures you understand your rights and strengthens your case.
Step 2: Gather and Preserve Evidence
Step 2: Gather and Preserve EvidenceTo build a strong case, collecting the right evidence is critical. Your insurance claim or lawsuit will rely on proof of fault and damages.
Key Evidence to Support Your Claim:
- Police Report – Official documentation of the accident, including the officer’s assessment of fault.
- Photos & Videos – Capture vehicle damage, injuries, skid marks, traffic signs, and road conditions.
- Witness Statements – Third-party accounts can help establish liability.
- Medical Records – Provide proof of injuries, treatment costs, and recovery progress.
- Traffic Camera or Dashcam Footage – Helps verify who caused the accident.
If the at-fault driver was distracted, intoxicated, or speeding, this evidence can significantly strengthen your case.
Step 3: Proving Liability in a Car Accident
To recover compensation, you must prove that the other party’s negligence caused the accident. Your attorney will evaluate the following:
Key Questions to Establish Fault:
- Did the other driver owe you a duty of care? Every driver must obey traffic laws and drive safely.
- Did they breach that duty? Examples: speeding, running a red light, texting while driving.
- Did their actions cause your injuries? Medical records, accident reports, and video evidence help establish this.
- What are your damages? Medical expenses, lost wages, pain and suffering, and property damage.
If your attorney proves these elements, the other party or their insurer is legally responsible for damages.
Step 4: Filing Your Car Accident Injury Claim
Once you have the necessary evidence, it’s time to file your claim with the at-fault driver’s insurance company.
Steps to File a Claim:
- Notify Your Insurance Provider – Even if the other driver is at fault, your policy may require you to report the accident.
- File a Claim with the At-Fault Driver’s Insurer – This includes documentation of the accident, proof of injuries, and a demand for compensation.
- Work with an Attorney to Draft a Demand Letter – This outlines the full extent of your damages and requests a fair settlement.
Be cautious. Insurance adjusters may offer lowball settlements or try to shift blame. Do not accept any offer without consulting an attorney.
Step 5: Negotiating a Fair Settlement
Step 5: Negotiating a Fair SettlementInsurance Company Tactics to Watch For:
- Quick Settlement Offers: Insurers may pressure you to accept a low payout before the full extent of your injuries is known.
- Delaying Tactics: Some insurers drag out claims, hoping victims will settle for less due to financial pressure.
- Blaming the Victim: Adjusters may argue your negligence contributed to the accident to reduce or deny your claim.
How a Lawyer Can Help:
- Handle all negotiations with the insurance company.
- Ensure your claim includes medical expenses, lost wages, pain and suffering, and future treatment costs.
- Push for a maximum settlement or take your case to court if needed.
Step 6: Lawsuit vs. Settlement – What If the Insurance Company Won’t Pay?
Most car accident claims settle out of court, but if the insurer refuses to offer fair compensation, you may need to file a car accident lawsuit.
When to Consider a Lawsuit:
- The insurer denies your claim or refuses to negotiate.
- The settlement offer is too low and doesn’t cover your damages.
- The at-fault driver was uninsured or underinsured.
Once a lawsuit is filed, your attorney will:
- Present evidence in court to prove fault.
- Argue for the maximum compensation you’re entitled to.
- Cross-examine defense claims and challenge attempts to shift blame.
If successful, a jury may award a settlement higher than what was initially offered.
Step 7: Maximizing Your Settlement Value
To get the best possible compensation, your lawyer will calculate both economic and non-economic damages.
Types of Compensation You May Be Entitled To:
Economic Damages:
- Medical expenses (past & future)
- Lost wages & reduced earning capacity
- Property damage & vehicle repair costs
Non-Economic Damages:
- Pain & suffering
- Emotional distress, PTSD, anxiety, depression
- Permanent disability or disfigurement
- Loss of quality of life
Severe injuries such as traumatic brain injuries, spinal cord injuries, or amputations often result in higher settlements due to long-term medical needs.
Get Legal Help for Your Car Accident Claim
Filing a car accident injury claim can be complex and time-consuming, especially when dealing with insurance companies trying to minimize payouts. A skilled car accident attorney can help you:
- Gather strong evidence to prove fault
- Negotiate with insurance adjusters for a fair settlement
- Take your case to court if necessary
Free Consultation – No Upfront Fees
Most personal injury lawyers work on a contingency basis, meaning you don’t pay unless you win. If you’ve been in a car accident, don’t wait. Contact a Texas car accident lawyer today to protect your rights and maximize your compensation.