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How to File a Car Accident Claim in Texas

Posted on February 11, 2024

In Texas, the insurance system operates on an at-fault basis, which means the driver deemed responsible for a car accident is obligated to cover the resulting damages. Depending on your coverage, you may have the option of filing with your own insurance company or you may have to contact the at-fault driver’s insurer directly.

How To File a Car Accident Claim in Texas

Filing a Claim with the At-Fault Driver’s Insurance Company

Before initiating the claims process, gather essential information about the accident. This includes the at-fault driver’s contact details, insurance information, the accident report filed by law enforcement, and any relevant documentation such as photographs of the scene.

Although you are filing a claim with the at-fault driver’s insurance, it’s crucial to inform your own insurance company about the accident. Promptly reporting the incident to your insurer ensures that you comply with your policy requirements and can serve as a protective measure in case the at-fault driver’s insurance proves insufficient.

Contact the At-Fault Driver’s Insurance Company

Reach out to the at-fault driver’s insurance company to initiate the claims process. Provide them with accurate and detailed information about the accident, including the date, time, and location. Clearly articulate the damages to your vehicle, injuries sustained, and any other losses incurred as a result of the accident.

Submit Supporting Documentation

The adjuster will let you know how to send them additional documentation on the crash. Attach copies of the accident report, photographs of the scene and damages, medical records, and any other evidence that strengthens your case. Providing a comprehensive and well-documented claim can expedite the assessment process.

Speak to a Lawyer

Be prepared for the adjuster to ask you for a recorded statement. However, it is highly recommended to speak with a Waco car accident attorney before doing so. Insurers often use recorded statements as a chance to ask questions in ways that get you to admit fault or give inconsistent answers as a way to reduce or deny your claim.

Negotiate Fair Compensation

Once the at-fault driver’s insurance company assesses your claim, they may offer a settlement if they accept liability. Review the offer carefully, as the initial one is typically lower than your case’s actual value. If you hire a car accident attorney, they will handle all communication with the insurer for you and ensure a fair settlement is negotiated.

Filing a Claim With Your Insurance Company

Depending on your own auto insurance policy, you may choose to file a Waco car accident claim with your own insurance company or utilize your personal health insurance because you have more rights and better service. For instance, if you have an optional form of insurance known as collision coverage, your insurer will cover the damage to your vehicle regardless of who was at fault for the accident but you must pay the deductible.

However, if your damages (e.g., medical bills, lost income, property repairs/replacement) are ultimately someone else’s responsibility, your insurance companies will attempt to recover those costs from the wrongful party through a subrogation claim. Your insurer has the right to “step in your shoes” to recover the amount of money they have paid out on your behalf. In some instances, a successful subrogation claim may also reimburse you for any deductibles paid to your insurer.

Speak to an Attorney Today

Before beginning the claims process, reach out to Craft Law Firm. Our experienced and trusted Waco accident attorneys can provide guidance, negotiate on your behalf, and, if required, take legal action to protect your rights.