Person holding head next to a car accident

Common Misconceptions About
Car Accident Claims in Texas

Hildebrand & Wilson, LLP March 14, 2022

In 2020, there were 12,107 serious injury crashes in Texas that led to 14,656 people sustaining serious injuries, according to the Texas Department of Transportation’s Motor Vehicle Traffic Crash Facts. With the constant distraction of our phones and various dangerous conditions on the roads, serious accidents happen more often than they should.

If you’ve wondered how car accident claims work, it’s important to know how to separate fact from fiction. While there are many myths and misconceptions out there about car accident claims in Texas, you can find accurate answers to your questions by speaking with a knowledgeable personal injury attorney.

Our team at Hildebrand & Wilson, LLP has handled thousands of cases over the course of our respective careers. We work with each of our clients to ensure that we’re always acting to satisfy their needs and wishes. Hildebrand & Wilson, LLP is proud to represent clients in Pearland, Houston, Dallas, Austin, San Antonio, and Corpus Christi, Texas.

Common Car Accident
Claims Misconceptions

Obtaining accurate information is essential to making smart decisions following a car accident. Below are several misconceptions surrounding car accident claims in Texas and why they are false.

My insurance company will cover all my costs.

You may have heard that your insurance company will cover all of your medical costs and the cost of any repairs you need for your vehicle. However, this is not necessarily true. Texas is an at-fault state, so if the other driver was responsible for the accident, then they may be responsible for paying for the damages.

It will be necessary to prove that the at-fault driver caused the accident. To do this, it must be shown that he or she did not fulfill his or her duty of care to a reasonable standard. For example, if the driver did not stop at a red light, and their failure to stop caused the accident, then the at-fault driver may be held responsible.

I feel okay, so I don’t need to seek medical attention.

If you were in a minor accident, you may think that you don’t need to seek medical care. However, no matter what type of accident you were in, you should seek medical attention right away.

You may not be able to diagnose all of your injuries, but a medical professional can identify injuries that you may not be able to see. Symptoms can wait to manifest for days or possibly even weeks after the accident.

It’s also important to seek medical care because you need the documentation for your insurance company. When you file an insurance claim, you need the records of your medical care.

Therefore, if you don’t seek medical attention, the insurance company can use that fact against you. They will argue that your delay to seek medical attention is evidence that the accident was not that serious.

If the accident is minor, I don’t have to report it.

You might have heard that if the accident was only minor, then you don’t have to report it, but that’s not always the case in Texas. Under Texas law, if the accident resulted in damage to a vehicle to the extent that it can’t be normally and safely driven, injury to a person, or an individual’s death, then the accident must be reported.

Report the accident to local law enforcement. Even if you think the accident is minor, it can help to have a police report. After you report the accident, make sure to notify the insurance company as soon as possible. Some insurance companies require that you file a claim within two days after the accident to be eligible to recover damages.

Even if I was partially at fault for the accident,
that won’t affect how much I can receive.

In Texas, if you were partially at fault, that can affect your case. For instance, if you were speeding when the accident happened, then the court may find that your speeding was 25% of what caused the accident. Then, any financial award you may be eligible to receive would be reduced by 25%.

Texas is what’s known as a modified comparative fault state. This means that if the court finds that you were 50% or more at fault for the accident, then you are not eligible to receive financial compensation.

I don’t need to hire an attorney
to file a personal injury claim.

When you hire an attorney after a car accident, the attorney will negotiate with the car insurance company for a higher settlement offer. It’s important to hire an attorney who specializes in personal injury because they will know the laws specific to the circumstances. Remember that the car insurance company will work to protect their bottom line and not to help you receive the compensation that you need.

How Hildebrand & Wilson, LLP Can Help

After a car accident, you may be facing medical bills, vehicle repair bills, and lost income from missing time at work. Our team of skilled car accident attorneys will fight for a settlement that takes care of your needs both now and in the future. Hildebrand & Wilson, LLP is proud to represent clients in Pearland, Texas, and in Houston, Dallas, Austin, San Antonio, and Corpus Christi. Contact us today to schedule a free consultation.