Understanding Your Car Accident Rights After a Collision
Understanding Your Car Accident Rights After a Collision
Knowing your rights after a crash — not just the steps to take — is what keeps an insurance company from taking advantage of you during a stressful moment.
Immediate Steps After a Collision
Check for injuries and call 911 — police involvement creates a report that supports your claim later, even in a seemingly minor crash. Collect names, contact information, and insurance details from everyone involved, and photograph the scene, vehicle damage, and any visible injuries. See a doctor even if you feel fine; some injuries, like whiplash or internal bleeding, don’t show symptoms right away, and the medical record itself becomes evidence connecting your injury to the crash.
Your Actual Legal Rights
The right to compensation
If someone else’s negligence caused your crash, you’re entitled to pursue compensation for medical bills, lost wages, property damage, and pain and suffering — not just what’s already been billed, but future costs tied to the injury as well.
The right to legal representation
You’re entitled to hire an attorney to handle your claim — the paperwork, insurance communication, and negotiation — rather than navigating it alone against a company that handles claims professionally every day.
The right to a fair settlement
You’re not obligated to accept a first offer, and insurers frequently open with less than a claim is actually worth. Consulting an attorney before accepting anything protects that right in practice, not just on paper.
Filing Your Claim
Report the accident to your insurer promptly and honestly, and submit your evidence — photos, medical records, the police report — as you gather it. When an adjuster contacts you, be careful: their job is to investigate and often to minimize what they pay, and casual statements can be used to downplay your injuries or shift blame. Many people choose to let their attorney handle all adjuster communication for exactly this reason.
Texas Fault and Liability Law
Texas is a fault state — the party who caused the crash is financially responsible for it. Under Texas’s modified comparative negligence rule (Civil Practice and Remedies Code Chapter 33), your compensation is reduced by your own percentage of fault, and you’re barred from recovering anything if you’re found more than 50% responsible. If you’re 20% at fault, for example, your recovery is reduced by 20% — not eliminated.
The Two-Year Deadline
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the crash to file a lawsuit. Missing it can permanently bar your claim, regardless of how strong the underlying evidence is.
Choosing the Right Lawyer
Look for genuine experience with car accident cases, a real track record, and direct answers to questions like: How many cases like mine have you handled? What’s your success rate? How do you charge? A local Austin attorney also brings familiarity with local courts and the insurance adjusters who work claims in this area regularly.
Protect your rights after an Austin car accident
Call the Traub Law Office at (512) 246-9191 or contact us online for a free consultation.
About Andrew Traub
