You have been planning to go to the Neon Desert Music festival for years, and this year it is finally happening. You get your friends ready and have your playlist set for the trip. With all the snacks and everything intact, you start the journey, only to get an accident minutes later. Once that happens, confusion jets in. Should you call the insurance first or your lawyer? Who will pay for the damage? Are you in trouble? With all these questions, you will not know what steps to follow. Below is a guide on what Texas car accidents entail.
Should You Report A Car Accident In Texas?
According to Texas law, one is required to file a crash report within ten days if the accident is not investigated by a police officer, and has resulted in any injury or property damage. Once the driver ensures that everyone is safe, they should exchange contacts with the other driver. They should also get the insurance and vehicle information from them and the witness information. Also, all the road and weather conditions should be noted, and if possible the photographs of the vehicles. Also, it is advised that you should not take responsibility for the accident at this point. As much as you may feel the need to, you should not do it since the facts later may show that you were not at fault.
Should You Get the Insurance Involved?
Texas is a fault car insurance state. This means that you will need to file an insurance claim against the driver that is at fault to ensure that drivers are held liable for any injuries or damages that they cause. Once an accident occurs, it is prudent to file a claim with the insurance company without wasting any time, even though it was a minor accident. If possible, you should hold off on doing any repairs since the insurance company may need to inspect the damage. If one does not report the accident to the insurer within a reasonable time, then the insurance company may deny covering any losses incurred. Within around 15 days from getting your claim, the company will accept or reject the application. If they decide to reject the claim, they have to explain the reasons for their decision, and if they agree to it, you will be paid within five business days.
Car Accident Settlements.
It is crucial for witness statements, reports from the police, photographs of the accident, and any other documentation to be preserved since they will come in handy in settlements. The insurance company is prohibited from making unfair claims such as misrepresenting the facts of the accident or negotiating in bad faith. Also, they are not permitted by Texas law to postpone the payment of a claim, to pressure the victim into signing a release.
If you and the insurance company cannot settle on a claim, then you will need to file a lawsuit to court. The timeline of doing this in Texas is two years from the date of the accident. With the above information, one will be able to know the steps to follow in any Texas car accidents in the future.