Getting involved in an accident in Texas or anywhere in the world is something no one plans for. If you reside in Texas, the following information about Texas car accident lawsuits and how to settle them is important.
Is It Important To report a car accident in Texas?
According to Texas laws, it is a requirement for drivers to always file an accident report known as Form CR-2. This should be done before ten days elapse since the occurrence of the accident, and on condition that no police officer investigated the incident, there were injuries, property damage amounting to $1,000 and more, or death.
The two parties which are involved in an accident should interchange their contacts, vehicle registrations, and insurance information.
Photos of vehicles involved in accidents should be taken and the weather conditions noted. An advice to all is that never take any responsibility when an accident has happened, as investigations might declare you innocent.
Texas Car Insurance Laws
It is broadly known as a state of fault car insurance. This means that one can file an insurance lawsuit which is against the driver who caused the accident. In such a case, every driver assumes responsibility of whatever injuries and damage he/she provokes in an accident. To be safe from this, its better to purchase a liability insurance.
Which liability insurance is Required?
According to Section 601.072 of Texas law, you should have a liability insurance that has:
- A minimum of $25,000 in case of damaged property
- A minimum of $30,000 to every injured person
- A total of $60,000 for all injuries caused in a single incident
After the accident, go home safely and file a claim as soon as possible at the insurance company you are a client to. If injured, you may rush to seek medical attention but do not seek to repair the car damages because insurances carry inspections pertaining the property damage, then send you to some repair firm of their approval.
It’s the duty of the insurance firm to own or reject the claim filed by you in a period of 15 days. There ought to be an explanation of why they denied the claim and if they accept it, then they are entitled to pay you in a span of five working days, as per sec 542.057.
How Car Accident Settlements in Texas Work
In any lawsuit, there must be a clearance, and so are car accident settlements. When settling a car accident lawsuit, it directly depends on the provided evidence which is favoring your claim. This is why documents like witness statements, your report and police reports are of high importance.
It is against the law for insurance companies to take part in settlement procedures that are not fair, doing a wrong policy provision and avoiding relevant evidences.
But before any insurance company settles your claim, it will first ensure that you sign what is called a release. This is to bar you from filing additional claims concerning the similar accident. But also, you should first ensure you are satisfied with the type of settlement the insurance is offering you before signing the release. According to the law of Texas, all insurance companies are not supposed to delay any payments meant to settle a claim
Factors considered determining settlement in Texas
The truth of the matter is that there is no specific method of solving the quantity to be paid in a car accident settlement. This is because accidents cannot be similar. However, some things are considered.
- Total evidence to support your claim
- The capacity of an attorney to defend your claim
- Which type of insurance policies the affected parties have
- The grade of damage or injury caused
- The approximate cost of repairs or medical expenses.
- If you were responsible in provoking the accident.
How Soon To File a Claim?
It is accepted to file a lawsuit demanding payment of damages if you fail to agree with the insurance company. Property damage and personal injuries have a maximum filing duration of 2 years starting from the fateful day of the accident.