These are the claim questions our Houston office hears most in the weeks after a wreck. The answers describe Texas law in general; for advice on your own claim, start a free claim review with us.
Answers on this page come from the Houston office of LAWBOSS – Harris, Nelsen & Uvalle, PLLC. Responsibility for this site rests with Jonathan Harris, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization, whose primary practice location is our Houston office.
Where most claims go wrong
Most claims that struggle do so for ordinary reasons: a late doctor visit, a recorded statement given too early, a missing police report or a deadline that slipped by. None of those needs a lawyer to avoid, but each is hard to undo. The questions below follow a claim from the wreck to the release, the same seven stages described in our guide on how to file a car accident claim.
Fault, coverage and time limits
Three rules settle much of any Texas claim. You can recover if your share of fault is 50 percent or less, and the recovery shrinks by your share (Civil Practice and Remedies Code sections 33.001 and 33.012). The minimum liability policy is $30,000 per person, $60,000 per crash and $25,000 for property damage (Transportation Code section 601.072), which are legal minimums only. And a personal injury suit generally has to be filed within two years (section 16.003).
Ask about the deadline on day one, not month eighteen.
What a claim costs you
No Fees or Costs Unless We Win
The consultation is free. We front the costs of the case, and if no money is recovered for you, you owe no attorney’s fee and do not pay those costs back.
Still wondering about something on your own claim? Call our Houston office or start a free claim review.
Common questions
What do I have to do at the scene under Texas law?
In a crash that injures or kills someone, a driver must stop, check whether anyone needs help and stay to give information (Transportation Code section 550.021). Drivers exchange name, address, registration number and liability insurer, and show a license if asked (section 550.023).
Does every wreck have to be reported to the police?
A wreck with an injury, a death or a vehicle that cannot be driven must be reported at once to the local police, or to the sheriff outside a city (Transportation Code section 550.026).
Where do I get my CR-3 crash report?
When an officer investigates a crash with injury, death or apparent damage of $1,000 or more, the CR-3 report goes to TxDOT within 10 days (section 550.062). The people involved and their representatives can buy it for a small fee through TxDOT’s Crash Report Online Purchase System at cris.txdot.gov.
The other driver’s adjuster wants me on a recorded line. Must I agree?
You are not required to. The adjuster records the call to use later, so it is reasonable to say a lawyer will be in touch, or simply to talk with one first.
My own insurer offered PIP. Will that hurt my claim against the other driver?
PIP is part of your own policy unless a named insured rejected it in writing (Insurance Code section 1952.152), and it is paid without regard to fault (section 1952.155). Using it does not mean you caused the wreck.
How fast does PIP have to pay?
Texas law requires PIP benefits to be paid within 30 days after the insurer receives satisfactory proof of the claim (Insurance Code section 1952.156).
Where do I turn if the at-fault driver was uninsured?
Uninsured and underinsured motorist coverage comes with every Texas auto policy unless a named insured rejected it in writing (Insurance Code section 1952.101). Our article on an uninsured driver claim in Houston explains how that claim works.
The adjuster says I was partly at fault. Is my claim over?
Not unless your share is greater than 50 percent. Below that line the claim continues and the recovery is reduced by your share, which is why adjusters argue over percentages.
How long does Texas give me to sue after a wreck?
Generally two years from the day the claim arises (Civil Practice and Remedies Code section 16.003). For a child, the two years usually start at 18 (section 16.001). Our post on the statute of limitations for a car accident in Texas has more.
A city bus or police car hit me. Is the timing different?
A claim against a government unit needs written notice, usually within six months, describing the injury, time, place and incident, and a city charter can set a shorter period (section 101.101). Recovery against a government unit is also capped by section 101.023.
Should I see a doctor if I feel fine after the wreck?
It is a good idea. Some injuries take hours or days to show, and a visit soon after the wreck creates a record linking the injury to it, which the adjuster will look for.
Can I claim for my car’s lost value after repairs?
Often, yes. See our page on a diminished value claim in Texas and the article on a property damage claim in Texas.
What will hiring your firm cost me?
The claim review is free. If you hire us, the firm advances the case costs, and there is no attorney’s fee and no cost to repay unless money is recovered for you.
Do I have to come to the Houston office?
No. Many clients handle the whole claim by phone and email. If you would like to meet, our office is at 5300 Memorial Dr Ste 810, and the phones are answered at any hour.