As a driver, an accident can happen to you at any time through no fault of your own. Being in a collision is stressful enough without having to deal with insurance companies, medical bills, and repair costs on top of everything else. Many people are unaware of their rights in Texas following an accident that was not their fault. You may be entitled to compensation for damages even if the other driver was at fault. Discussing your case with a texas car accident lawyer is always a good idea.
What to Do After a Not at Fault Car Accident in Texas
If you are involved in a car accident in Texas that was not your fault, there are certain steps you should take to protect yourself legally and financially.
Call the Police
Immediately contact the local police to report the accident. Explain that you believe the other driver was at fault. Request that an official police report be filed documenting details about the vehicles, drivers, liability and any injuries.
Exchange Information
Exchange insurance and identification information with the other driver, even if the accident seems minor. Note the license plate number of other vehicles involved. Take pictures of the vehicles, the surrounding area and any damage. Get contact information from witnesses if available.
Contact Your Insurance Company
Notify your insurance provider about the accident as soon as possible. Provide the details of the other driver and submit the official police report. Your insurance company can walk you through the next steps for making a claim and recovering costs from the at-fault driver's insurance.
Seek Medical Attention
Get checked out by a doctor, even if you feel fine. Some injuries may not show symptoms right away. Seeking prompt medical care will also provide you with records and documentation to strengthen an insurance claim or lawsuit.
Consider Legal Counsel
For severe accidents, especially those resulting in injury, it is wise to consult with a personal injury attorney regarding your legal options for recovering damages. A lawyer can handle communications with insurance companies and determine if litigation may be necessary. They can advise you on maximizing your settlement and help avoid costly mistakes.
Following these steps after a not at fault accident in Texas can help reduce hassle and ensure you are properly compensated. Staying calm and proactively addressing the situation will serve you well. Focus on full recovery and let the proper legal and insurance professionals handle the details.
Gathering Evidence and Reporting the Accident
As the not at-fault driver in a car accident in Texas, it is important that you gather evidence and properly report the incident. ###Reporting the Accident
Immediately contact the local police to report the accident. Provide the details of what happened, including the location, time, and conditions surrounding the crash. Get a copy of the official police report for your records as this will be important evidence for any insurance claims or legal matters.
Collecting Evidence at the Scene
Use your phone to take photos of the vehicles involved, their positions, traffic signs or signals in the area, and any damage. Get contact information from any witnesses as their accounts of events will help support your case. Note the details of the other driver(s) involved, including their license plate number, insurance details, and contact information.
Seeking Medical Attention
Even if you feel fine after the accident, see a doctor as soon as possible. Injuries like whiplash can appear days after a crash. A medical report and any treatment records will serve as evidence for your claim. Follow the recommended treatment plan to properly recover from your injuries.
Contacting Your Insurance Provider
Report the details of the accident to your insurance company immediately. Provide the police report number, photos from the scene, medical reports, and information on the other parties involved. Your insurance company will walk you through the next steps to file a claim and recover costs associated with the incident as the not at-fault driver.
With the proper evidence and by reporting the necessary details, you will be in the best position possible as the not at-fault driver in a car accident. Following these steps will help ensure you are compensated fairly for costs related to the crash.
Seeking Medical Attention Even if You Don't Feel Hurt
Even if you feel fine after an accident, it is critical to seek medical attention right away. Adrenaline and shock can mask injuries, and symptoms may not appear for hours or days. Seeking diagnosis and treatment establishes an official record of any injuries for insurance claims and legal purposes.
Visit an Emergency Room or Urgent Care Center
The emergency room (ER) or an urgent care center are good options for a post-accident exam. Doctors can examine you for internal injuries, whiplash, spinal damage or head trauma you may not realize you have. They may order X-rays, MRIs or CT scans to check for hidden issues. Get evaluated as soon as possible after the collision, especially if the accident involved high speeds.
Follow Up With Your Primary Physician
See your regular doctor for a follow-up within a couple days of the accident. Your primary care physician knows your medical history and can re-examine you for any changes or new concerns. They can also review tests from the ER to develop an ongoing treatment plan if needed. Be sure to tell your doctor about all symptoms you notice, even if they seem minor. Some problems like whiplash or post-concussion syndrome may appear gradually.
Document Everything
Keep records of all medical consultations, tests and expenses related to the accident. Obtain copies of medical reports, bills, receipts, etc. to support any insurance claims or legal actions. The more documentation you have about injuries and their impact, the stronger your case will be for recovering costs from the at-fault party. Seeing a doctor also shows you took appropriate steps to mitigate damages, which courts view favorably.
While no one expects or hopes to get into a car accident, knowing how to respond properly can make a difference in your health, finances and legal rights. Seeking medical care should always be a top priority, even if you walk away feeling perfectly fine. An ounce of prevention is worth a pound of cure, and in this case it may also be worth a fair insurance settlement.
When to Hire a Texas Car Accident Lawyer
When to Hire a Texas Car Accident Lawyer
If you were not at fault in a car accident in Texas, you may want to consider hiring an experienced car accident lawyer to help you pursue compensation. A qualified attorney can advise you of your rights and help ensure the at-fault party’s insurance company provides you fair compensation.
When the other driver’s insurance company contacts you, do not provide a recorded statement or sign any paperwork without first consulting an attorney. Anything you say or sign could be used to limit or deny your claim. An attorney can handle communications with the insurance company on your behalf and work to obtain a settlement that fully compensates you for your injuries and other losses.
If negotiations with the insurance company are unsuccessful, your lawyer may file a personal injury lawsuit against the at-fault driver. Litigation is a complicated process, and an attorney will know how to build a strong case, gather evidence to support your claim, and represent you in court to maximize your settlement or award. They are well-versed in Texas personal injury law and procedures.
Even if you believe your injuries or vehicle damage are minor, it is in your best interest to contact a lawyer. Symptoms of injuries such as whiplash or traumatic brain injuries are not always immediately apparent. Your lawyer can ensure any settlement also accounts for potential future medical treatment and other consequences of the accident. They can also make sure your vehicle is fully repaired or that you receive fair compensation for its loss.
An attorney will typically offer a free initial consultation to review the details of your accident and determine if you have grounds for a personal injury claim. They work on a contingency-fee basis, so you pay no upfront costs and only owe fees if they obtain a settlement or judgment on your behalf. Speaking with a lawyer as soon as possible after an accident caused by another driver is your best strategy for pursuing maximum compensation in Texas.
Maximizing Your Injury Claim Settlement
Maximizing Your Injury Claim Settlement
To receive the maximum compensation for injuries sustained in an automobile accident that was not your fault, there are several steps you should take.
First, seek medical attention as soon as possible following the accident. Even if your injuries seem minor, it is important to get checked out by a doctor to properly document your condition. Obtain a complete diagnosis of any injuries and a recommended treatment plan. Be sure to follow all recommended treatments and attend all follow-up appointments. Failure to do so can negatively impact your claim.
Next, collect evidence from the accident scene. Take photographs of the vehicles involved, your injuries, the surrounding area where the accident occurred, and anything else relevant to your case. Obtain a copy of the official police accident report which can provide important details to support your claim.
Keep records of all expenses related to your injuries. This includes medical bills, costs for prescriptions and medical devices, mileage for travel to receive care, and any other out-of-pocket costs. Also keep records of any lost wages if you missed work due to your injuries. These records will be needed to determine the total losses and damages in your claim.
Do not speak with the insurance companies involved until you have consulted with an attorney. Anything you say to them can potentially damage your claim, so it is best to let your attorney handle communications on your behalf. Your attorney will know how to properly negotiate with the insurance companies to maximize your settlement offer.
By following these steps and working closely with a personal injury attorney, you have the best opportunity to recover damages for pain and suffering, loss of enjoyment of life, and all economic losses related to your not at fault accident injuries. Your attorney can guide you through the legal process to help ensure you receive fair compensation under Texas law.
Fletcher Law Texas Injury Lawyers Have Experience To Help
When seeking legal counsel for a car accident claim in Texas where you were not at fault, it is crucial to find attorneys with extensive experience in personal injury law. The team at Fletcher Law has successfully represented Texans in auto collision cases for over 15 years.
- Our attorneys understand the complexities of not at fault accidents, including proving negligence and maximizing compensation. We have handled hundreds of car wreck cases, including those involving uninsured motorists.
- We know how to conduct a thorough investigation to establish liability, gather evidence from the accident scene, obtain witness statements, and secure police and medical reports.
- We have strong relationships with medical experts, accident reconstructionists, and other professionals who can determine the cause of the crash and substantiate injuries.
- We are skilled negotiators and litigators. We will work to obtain a fair settlement from insurance companies, but are also prepared to take a case to court if necessary to recover appropriate damages for you.
The legal process after an auto accident can be complicated and time-consuming. The team at Fletcher Law is here to handle all aspects of your claim so you can focus on recovery. Our goal is to relieve the burden, reduce stress, and obtain maximum compensation so you are made whole again. With a proven track record of success in not at fault car wreck cases, Fletcher Law has the expertise and dedication to get you the best possible outcome.
To schedule a free initial consultation about your not at fault accident in Texas, contact us today. We handle cases on contingency, meaning there are no upfront fees. We only get paid if we recover compensation for you. Let our experience work for you.
Conclusion
As you can see, not at fault car accidents in Texas can be stressful and complicated. However, by understanding your rights, cooperating fully with authorities, gathering evidence, contacting your insurance provider, and seeking legal counsel if needed, you can navigate the process smoothly. Even though the accident was not your fault, you still have responsibilities to uphold.
Stay calm and focused, take care of yourself physically and emotionally, and work with the appropriate parties to resolve the situation in a timely manner. While it may be a hassle, following the proper procedures will help ensure you are not taken advantage of and are properly compensated for damages. With patience and perseverance, you will get through this difficult time. The injury lawyers at Fletcher Law are here to help.