After a serious car accident, you probably have a lot of questions: How will I pay my medical bills? When can I go back to work? Who was at fault? What about missed wages?
An Austin car accident lawyer from The Loewy Law Firm can help you find the answers. Below, you will find a list of common car accident questions to help you understand you legal rights and options after a serious car accident:
When should I get an attorney for a car accident?
Car accidents can be tricky. Usually, if you are not injured and the accident is a minor fender-bender, it can be handled through the insurance companies without the need for legal intervention.
Sometimes, however, apparently innocuous situations can escalate quickly, so seeking legal advice should occur sooner rather than later. Read more.
How do I report a car accident?
Your first call should always be made to 911 in an attempt to get an officer on scene and file a report. The officer will complete a police report and all involved parties will receive or can request a copy within days of the accident. There are occasions when an officer is unavailable.
How long do I have to report an accident?
Attempt to report the accident to police immediately, while at the scene. If there is no officer available or the officer directs you to complete form CR-2 (Driver’s Crash Report), this must be done within 10 days of the incident.
This form is to be completed only in the absence of a police report and applies when the following are associated with the accident.
How much is my car accident settlement worth?
Because each case is unique, the answer to this is not ‘one-size-fits-all’. Every car accident case is different; a variety of factors will determine the value of your accident claim. Usually, settlement worth is factored into two main categories Economic Losses and Non-economic losses. Common factors include the cost of your medical bills, whether or not the other driver acted negligently, and whether or not your sustained any noneconomic damages in the accident. Our Austin lawyer can help you assess the value of your claim before you file.
What happens in a hit and run accident?
Everyone involved in an accident has the responsibility to report the accident to the police or complete the CR-2 form when applicable.
Leaving the scene of an accident without lending assistance to the injured and providing your identification and auto insurance is considered a hit and run crime.
Can you suffer Post Traumatic Stress Disorder from a car accident?
Post Traumatic Stress Disorder (PTSD) is an anxiety disorder that occurs after witnessing or being involved in a traumatic event. Being involved in a car accident can definitely cause PTSD, especially depending upon the severity of the accident.
How is fault determined in a car accident?
There are three entities that play a role in the determination of fault in a car accident:
- Law enforcement
- Insurance companies
- Court system
Law enforcement is the first to investigate the accident. After reviewing the accident scene, taking witness statements and evaluating the accident scenario, the officer issues a report outlining how, based upon the investigation, the accident occurred.
What happens when someone dies in a car accident?
In Texas, 2014 saw 3,189 fatal accidents resulting in 3,534 deaths; up 3.7% from 2013.
Drivers who unintentionally cause accidents that result in the deaths of passengers, occupants of other cars or pedestrians may find themselves charged with a crime.
What is the statute of limitations as it relates to car accidents?
A statute of limitations is the period of time you have to file a claim. In the case of filing suit for an injury claim in Texas, the statute of limitations is two years from the date of injury.
The existence of the statute of limitations is important in that setting a time limit allows for the preservation of evidence, lessening the chances of documents and material evidence going missing.
What can you sue for in a car accident?
The uniqueness of each case requires the oversight of a legal professional to determine exactly which damages apply, however, the following are the categories, both economic and non-economic, that apply to personal injury/vehicle accidents. To learn more about what you can sue for in a car accident, speak with an experienced Austin injury lawyer.
How long does it take to settle a car accident claim?
The severity of the injuries and losses sustained play a huge role in determining the length of time it takes to settle a car accident claim. Settling refers to coming to agreeable terms with the insurance company.
Do you need a lawyer if you are involved in a car accident?
The short answer to this question is no. If there are no injuries and minimal damages, working with the insurance companies to get property repaired or replaced does not always necessitate the intervention of a lawyer.
A lawyer can definitely help you to navigate the system and understand your insurance policy and policy coverages and limitations.
What details should I get after a car accident?
Your first call should always be made to 911 in an attempt to get an officer on scene. Once the officer completes the report, copies will be made available to all parties within days of the accident. You can also gather details of the accident by taking photos and getting witness contact information.
If an officer is not available or determines bodily injury and damage is not in excess of $1,000, each driver is required to complete Texas Department of Transportation Form CR-2also known as the Blue Form within 10 days of the incident.
How does auto insurance work in a car accident?
Texas law requires that if you cause an accident, you are responsible for paying the costs associated with the accident.
Most insurers in Texas offer a standardized policy called the Texas Personal Automobile Policy which includes eight types of coverage.
What should I do if I’m hurt in a car accident?
After you seek medical attention, contact a lawyer. You may be entitled to money for medical expenses, missed wages, emotional damages, and other costs associated with your injury. If you aren’t sure about the legitimacy of your car accident case, fill out an online case evaluation form and The Loewy Law firm will help you understand your legal rights and options.
I don’t think I was hurt in the accident; should I see a doctor anyway?
Yes. Some injuries may not manifest themselves right after the accident. Even serious injuries, such as traumatic brain injuries, can remain hidden for some time after the initial crash. Visit a doctor to make sure that you did not suffer any unapparent injuries.
I was partially responsible for the accident. Can I still file a claim?
Yes – you can file a car accident claim even if the other driver was only partially responsible for the accident. If your accident was worth $1 million and you were 25% responsible for the wreck, you may be entitled to $750,000 in damages. Some insurance companies try to avoid paying accident victims who were partially responsible for their accident, but a skilled lawyer can help you obtain the compensation that you deserve.
How long do I have to file a car accident claim?
The Texas statute of limitations states that most injury claims must be filed within two years of the initial trauma, with very few exceptions. The statute of limitations is designed to keep plaintiffs from filing personal injury lawsuits after the evidence surrounding their case is gone. Under certain circumstances you may be able to file a case after the two year window is closed. However, these situations are extremely rare.
Should I tell my insurance company about the accident?
Yes. Most insurance companies require accident victims to notify them right after the accident. Speak with your insurance company as soon after the accident as possible – even if the accident wasn’t your fault. Make sure that you state all of the facts related to accident clearly and avoid blaming other drivers or admitting fault.
What happens if the other driver doesn’t have car insurance?
You may still be able to collect payment for your injury. Although all Texas drivers are supposed to have car insurance, some drivers do not have car insurance. If you were hurt by an uninsured motorist, you may be able to file an uninsured motorist claim to obtain the financial compensation that you deserve. Our Austin car accident lawyer can help you understand your rights during through uninsured motorist claim.
What information do I need from the scene of the accident?
After an accident, the first thing you should do is seek medical attention. Once everyone involved in the crash is safe, talk to the other drivers. Exchange contact information with them, such as your names, phone numbers, and other contact information. Exchange insurance information with the other driver as well. If possible, take pictures of any property damage or physical injury related to the accident. Speak with any bystanders and gather information from witnesses. If possible, obtain contact information from anyone who saw the accident and may serve as a witness in the future.
Should I talk to law enforcement at the scene of the accident?
Yes. Speak with police officers after a car accident, but abstain from blaming other drivers. Above all, do not admit fault. Any statement that implies fault (such as “I’m sorry) may be used against you in the future. Instead, stick to the facts and provide relevant information so that law enforcement officers can draw their own conclusions from your testimony. Do not twist any information to make yourself or other drivers seem innocent or at fault.
Should I talk to the other driver’s insurance company?
Do not give a statement to the other driver’s insurance company without speaking to a qualified car accident lawyer first. If you must speak with the other driver’s insurance provider, do not say anything that could affect your accident claim – especially if it involves liability.
Contact Our An Attorney Today
If you have questions about car accident claims in Austin, Texas, call The Loewy Law Firm today. We have more than ten years of personal injury experience helping clients in the Austin area. Contact our personal injury law office today to see what The Loewy Law Firm can do for your car accident claim.