Texas Car Accident Settlement Process and Timeline (2024)

Navigating the Texas car accident settlement process and timeline can be difficult, especially when dealing with injuries, property damage, and insurance providers. Understanding the steps involved and the typical timeline is essential for managing expectations and making informed decisions. As of 2024, staying informed about any updates to state laws or insurance practices is crucial to protecting your rights throughout the process.

Step 1: Seek Immediate Medical Attention and Document the Accident

The settlement process begins at the scene of the accident. It’s crucial to seek immediate medical attention, even if you think your injuries are minor. Delaying medical care can negatively impact your health and the strength of your claim. Document the accident thoroughly by taking photos, gathering witness statements, and obtaining a copy of the police report. This evidence can be essential when filing your claim.

Step 2: Notify Your Insurance Company

After receiving medical care, you must notify your insurance company about the accident. In Texas, it’s required to report the accident promptly, as delays could jeopardize your claim. Your insurer will assign an adjuster to your case, who will begin the process of investigating the accident and assessing the damages.

Step 3: Investigate and Determine Liability

Once notified, the insurance company will investigate the accident to determine liability. This includes studying the police report, interviewing witnesses, and analyzing the damage to all the vehicles involved. Texas uses a “modified comparative fault” system, which means that if you are judged to be more than 50% at fault, you cannot receive any compensation. However, if you are less than 50% to blame, your compensation will be decreased accordingly.

Step 4: Calculate Damages

The next step in the settlement procedure is to calculate damages. In Texas, damages are classified as economic or non-economic. Economic losses include medical bills, lost pay, and property damage, whereas non-economic damages include pain and suffering, emotional anguish, and loss of enjoyment of life. Keep comprehensive records of any accident-related expenses, as these will be used to determine your compensation.

Step 5: Negotiating a Settlement

After the damages are calculated, the negotiation step begins. The insurance adjuster will make an initial offer, which is frequently lower than what you deserve. Negotiation abilities are especially important here. It is critical to be patient and contest the initial offer with proof that supports a higher settlement figure. If both parties reach an agreement on a fair settlement, the procedure can be completed without the need for additional legal action.

Step 6: Making a Settlement or Filing a Claim

If you and the insurance company reach an agreement, a settlement can be arranged, and you will be compensated. If discussions fail or the offer is unacceptable, you may need to consider launching a legal claim. For most personal injury cases, the statute of limitations for a claim is two years from the date of the accident. As in most jurisdictions, a claim does not guarantee a trial, as most cases are settled out of court.

Timeline Overview

The timing for settling an automobile accident claim in Texas varies according to the intricacy of the case and the insurance company’s willingness to bargain. Simple cases may settle within a few months, while more complicated cases that result in significant injuries or disputes over liability may take a year or more. Understanding that this process can be lengthy is important, as rushing to settle can result in accepting less compensation than you deserve.

FAQs

Can You Sue for Pain and Suffering After a Car Accident in Texas?

Yes, you can seek compensation for pain and suffering after a car accident in Texas. Pain and suffering is a form of non-economic damages, and these can be recovered in addition to economic damages, such as medical expenses and lost wages. The recoverable amount for pain and suffering is dependent on the extent of the injuries suffered, their impact on your quality of life, and other related factors.

What Should I Do If the Insurance Company Denies My Car Accident Claim in Texas?

If your vehicle accident claim is refused by your Texas insurance provider, the first step is to request a written reason for the refusal. You can then acquire any further proof to support your claim, such as medical documents, witness statements, or expert views. Contacting a personal injury attorney can always be advantageous, as they can help you contest the denial and negotiate with the insurance company on your behalf.

How Long Does a Car Insurance Claim Take in Texas?

The length of time it takes to process a car insurance claim in Texas varies by insurer, but an insurer typically has:

1. 15 days to acknowledge a claim after it is filed
2. Another 15 days after this acknowledgment to investigate and decide whether to accept or deny the claim
3. A further 30 days to make payment once a settlement is agreed upon

More complex claims or disputes can cause that timeframe to stretch out by months.

What Is the Statute of Limitations for Filing a Car Accident Claim in Texas?

You have two years from the date of a car accident to file a personal injury or property damage claim in Texas. Failing to file within this time frame usually forfeits your right to sue. There are exceptions that could extend or shorten this period, so it’s important to consult an attorney soon after the accident so they can quickly file your claim.

Contact a Texas Car Accident Lawyer

Understanding the Texas car accident settlement process and schedule is critical for receiving the compensation you deserve. This process can be complicated and time-consuming, with several steps ranging from basic medical care to negotiating with insurance companies.

Having the appropriate guidance guarantees that you do not accept less than your claim is worth. Stevenson & Murray is committed to guiding accident victims through this complex procedure with confidence. With our considerable experience in personal injury law, we can fight for your rights and work hard to reach a fair settlement.

Whether through negotiation or litigation, our firm is dedicated to getting fair results for you. If you have been involved in an automobile accident and require legal assistance, contact Stevenson & Murray for a consultation and take the first step toward getting the compensation you deserve.