If you or a loved one has suffered injuries in a Texas car accident due to another driver's negligence, you likely have the right to seek compensation for your losses. While this compensation typically comes from the at-fault driver's insurance company, the process can be far from simple. Dealing with insurance adjusters in Dallas, Houston, San Antonio, or any other Texas city often involves complexities that can jeopardize your ability to recover the full and fair amount you deserve.
For guidance in navigating these challenging situations, consider reaching out to the experienced car accident attorneys at Tracey Fox & Walters. We can provide invaluable assistance in understanding your rights and dealing effectively with insurance companies to ensure you pursue the compensation you are entitled to.
Minimum Liability Insurance Requirements in Texas
All Texas drivers are legally required to carry car insurance, and at the very least, that means having liability coverage. Liability insurance helps cover the cost of injuries and property damage if you're found responsible for a car crash. This includes medical bills, car repairs, and vehicle replacement costs for the other party.
According to the Texas Department of Insurance, the minimum required liability coverage in Texas includes:
- $30,000 for injury-related expenses per person
- $60,000 total for injuries to two or more people
- $25,000 for property damage per accident
In addition to these minimums, Texas law requires insurance companies to offer Personal Injury Protection (PIP) and Uninsured/Underinsured Motorist (UM/UIM) coverage. You’re not obligated to carry these types of insurance, but if you choose to decline them, it must be done in writing.
If caught driving without insurance in Texas, you could face steep consequences. A first-time offense can result in a fine between $175 and $350. Repeat offenses can lead to fines of up to $1,000 and potential surcharges or other penalties.
Additional Car Insurance Options Available in Texas
Beyond the required liability coverage, Texas drivers have access to several optional insurance types that can offer extra protection in different situations. Here's a breakdown of the most common options:
- Personal Injury Protection (PIP): This covers your medical bills and 80% of lost wages, regardless of who was at fault in the accident. This coverage can be especially helpful if you must take time off work to recover.
- Uninsured/Underinsured Motorist (UM/UIM): Offers financial protection if a driver hits you without insurance or enough coverage. In Texas, insurers must offer UM/UIM coverage at the same minimums as liability insurance.
- Collision Insurance: Pays to repair or replace your own vehicle after an accident, regardless of who was at fault.
- Comprehensive Insurance: Covers damage to your vehicle caused by something other than a crash, like hail, floods, theft, or even hitting a deer.
- Medical Payments Coverage: Helps pay for accident-related medical expenses for you or your passengers, regardless of fault.
- Towing and Labor Coverage: Covers roadside assistance services like towing, jump-starts, or changing a flat tire.
- Rental Reimbursement Coverage: Pays for a rental car if your vehicle is stolen or in the shop for accident-related repairs.
These optional coverages can provide peace of mind and help limit out-of-pocket costs after a crash, especially when standard liability insurance is not enough.
Texas is an ‘At-Fault’ State – But What Does That Mean?
Like many states, Texas has an “at-fault” insurance system for car accident claims. Under this system, the at-fault party compensates injury victims for their accident-related expenses.
At-fault insurance systems are often referred to as tort-based systems. Tort is a legal term that refers to civil cases (rather than criminal ones) in which the at-fault party is liable (legally responsible) for paying for financial losses suffered by the claimant, which would be the injury victim in this case.
Often, the at-fault party is the driver who caused the collision, though it can sometimes be another party, such as a vehicle manufacturer. The insurance company itself is not liable per se, but it is responsible for paying for the damage caused by its insured driver, up to the policy limit. As such, injury victims normally file an accident claim with the at-fault driver’s insurance company and get paid by that company.
Steps to Take Immediately After a Car Accident
If you've been in a car crash, especially one caused by another driver, taking the right steps immediately is critical for your health, finances, and any future insurance or legal claims. Here’s a comprehensive list of what you should do:
- Call the police if anyone is hurt or the crash caused property damage.
- Exchange information with the other driver, including names, contact details, insurance information, driver’s license number, and license plate number.
- Get the officer’s details, such as their name, badge number, and the best number to reach them.
- Notify your insurance provider as soon as possible about the accident.
- Request a copy of the official crash report, known as the Texas Peace Officer's Crash Report, and send it to your insurance company.
- Seek medical attention right away—even if you feel fine, as some injuries don’t show up immediately.
- Stick to your treatment plan, following your doctor's instructions closely, as failure to do so could hurt your injury claim.
- Save all records related to the crash, like medical bills, vehicle repair estimates, and receipts.
- Talk to an experienced Texas car accident lawyer who can guide you through your rights and help you build a strong claim.
Communicating with Insurance Companies
After a car accident in Texas, it’s essential to be cautious when speaking with any insurance company, including your own. Insurance adjusters may seem friendly, but their goal is often to minimize what the company pays out. Stick to the facts when discussing the accident, avoid admitting fault, and never agree to a recorded statement without speaking to a lawyer first. If the other driver’s insurance company contacts you, you must not talk to them directly. Instead, consider having an experienced attorney handle communications to protect your rights and ensure you're not pressured into accepting a low settlement.
Need help dealing with the insurance company? Call Tracey Fox & Walters at (713) 495-2333 for a free consultation. Let us protect your rights and fight for the compensation you deserve.
Handling Contact from the Other Driver’s Insurance Company
Many injury victims pursue compensation from the at-fault driver's insurance company by filing a claim. Once your claim is submitted, Texas law requires the at-fault driver's insurer to notify you within 15 days that they have received it. After this, the insurance company typically launches an investigation and may contact you by phone, in person, or in writing for more details.
If and when the other driver’s insurance company contacts you, it’s important not to provide any statements—whether verbally or in writing—until you’ve spoken with a lawyer. Even a casual remark can be used to diminish or even deny your claim later. Remember, insurance company representatives are trained to gather information that could work against you, so don’t feel pressured.
The best approach is to follow these steps:
- Avoid answering any questions on your own.
- Consult with a lawyer as soon as possible.
- If they reach out again, politely ask them to direct all communication through your lawyer.
Taking these precautions helps ensure that your rights are protected every step of the way.
Key Factors to Consider Before Accepting a Settlement Offer
After you file a claim with the at-fault driver’s insurance company, Texas law gives them 15 days to accept or reject your claim. In some cases, they may request up to 45 days to make a decision, but they must inform you in writing about the delay.
Suppose the insurance company accepts your claim and presents a settlement offer. In that case, you might feel tempted to accept it—especially if you’re dealing with mounting medical bills, vehicle repair costs, and other accident-related expenses. However, what initially seems like a fair offer could fall short of covering the full extent of your injury-related costs.
Once you accept a settlement, you cannot ask for more money, even if your future expenses are higher than expected. Insurance companies are well aware of this, and it’s common for them to offer a low settlement right after an accident, hoping you’ll accept it quickly.
Negotiating a Settlement Offer
The key is to ensure you’re compensated for all your accident-related expenses. You might not realize your claim can cover more than short-term costs like medical bills and vehicle repairs. It should also include compensation for long-term expenses, such as:
- Follow-up doctor visits to monitor your recovery.
- Physical therapy for chronic pain or long-term injury effects.
- Additional surgeries, if needed, for lasting medical issues.
- Replacement income if you're unable to work during recovery.
- Lost future income if the injury results in permanent disability.
- Pain and suffering in certain situations.
Insurance companies are notorious for offering low settlements, hoping you’ll accept quickly without realizing the full scope of your expenses. Instead of accepting their initial offer, talk to a qualified attorney who can evaluate your case and help determine the true value of your claim.
Bad Faith by Insurance Companies
Bad faith is a legal term that refers to actions (or failures to act) by an insurance company that prevent it from fulfilling its obligations to a policyholder or claimant. Insurance companies acting in bad faith can engage in several tactics, including:
- Refusing to negotiate fairly with injury victims and their legal representation.
- Failing to honor a legally binding contract.
- Delaying claim processing or missing legally defined deadlines.
- Offering settlements that are unfair or not in good faith.
- Denying claims without a legitimate reason.
You have options if you suspect an insurance company is acting in bad faith in Texas. You can file a formal complaint with the Texas Department of Insurance. Additionally, consulting with an experienced attorney is highly recommended. A lawyer can assist in navigating these complex situations and help hold the insurance company accountable for any bad faith actions.
Legal Options if an Insurance Company Acts in Bad Faith
An attorney is crucial when dealing with insurance companies, especially if they act in bad faith. You can take control of the situation with legal support rather than letting the insurance company dictate the outcome. An attorney can provide various forms of assistance, including:
- Handling all communications with the insurance company on your behalf.
- Review any settlement offers and ensure they are fair.
- Negotiating for a better settlement if the initial offer is inadequate.
- Taking legal action, such as filing a lawsuit, if the situation requires it.
Your claim could be worth thousands of dollars or more in car accident cases. Don’t let the at-fault driver’s insurance company take advantage of you. Hiring an attorney gives you the support needed to fight for the compensation you deserve.
Call Tracey Fox & Walters Today to Get a Free Car Accident Case Evaluation
At Tracey Fox & Walters, our experienced Texas car accident lawyers are here to guide you through every step of the legal process. We have a proven track record of successfully advocating for injury victims in Houston, Dallas, San Antonio, and across Texas.
Our team understands the complexities of state and federal laws regarding insurance companies and car accidents, and we are dedicated to holding them accountable to ensure you
receive the compensation you deserve.
Learn more about your legal rights by contacting us today. Schedule a free case evaluation with one of our experienced Texas car accident attorneys. We have convenient Spring, Dallas, Houston, and San Antonio offices, ready to assist you. Call us now at (713) 495-2333.
Frequently Asked Questions
Should I contact my insurance company after my accident?
Yes, it’s important to notify your insurance company after an accident, even if you were not at fault. Most policies require prompt reporting of accidents to ensure proper coverage and to start the claims process. Be sure to provide all necessary details, including the police report number and any information about the other driver involved.
What factors should I consider before accepting a settlement offer?
Before accepting a settlement offer, consider the full extent of your injuries and the costs related to your accident. Settlement offers may seem tempting, but may not cover long-term medical expenses, rehabilitation, or lost wages. It's crucial to consult with a lawyer to ensure the offer reflects the true value of your claim and to understand your rights before agreeing to anything.
What should I do if the other driver’s insurance company contacts me?
If the other driver’s insurance company reaches out to you, it's best not to converse without consulting your attorney first. Anything you say can be used against you or reduce your settlement. Let your lawyer handle all communication with the insurance company to protect your interests and ensure you don’t inadvertently harm your case.
Can I negotiate a settlement offer from the insurance company?
Yes, you can negotiate a settlement offer. Insurance companies may offer you a low initial settlement, but negotiating for a better deal is often possible. Your attorney can review the offer and determine if it's fair, helping you fight for the compensation you truly deserve. Never accept the first offer without seeking professional advice.
What constitutes bad faith by an insurance company?
Bad faith occurs when an insurance company refuses to honor its contractual obligations or delays handling your claim without a reasonable excuse. This includes failing to negotiate fairly, denying your claim without justification, or offering unfair settlements. If you suspect your insurance company is acting in bad faith, contacting a lawyer is important to explore your legal options.
