Car accidents are governed by state law. States are generally divided into no-fault and at-fault states. In no-fault states, each injured party turns to their insurance provider for coverage. In at-fault states, the accident victim files a San Antonio car accident claim with the at-fault driver’s insurance company. Many of the steps are similar whether you are injured in an accident in a no-fault state or an at-fault state. After an accident, you should:
Report the Accident
Regardless of who is at fault, it is essential to report the accident to law enforcement. You will need an accident report to file your insurance claim.
Texas law mandates that you stop immediately at the scene of any crash you are involved in and exchange information with all other parties, including your:
- Name
- Address
- Vehicle registration
- Auto insurance information
If the accident resulted in injury, death, or property damage exceeding $1,000, you must report it to law enforcement. Failing to do so could result in criminal charges for a hit-and-run.
Texas applies a modified comparative negligence standard for car accidents, so you mustn’t say anything that implies you were at fault for the accident because your damages can be reduced if you are found partially at fault. If you are found to be more than 50% responsible for the accident, you can be barred from recovering any compensation.
Document the Scene
Collecting evidence at the scene of the accident can help your insurance claim when you are trying to show that the other driver was at fault. If possible, take the following steps:
- Photograph the accident scene from various angles, including close-ups and long shots
- Ask witnesses for their contact information
- Note the road and weather conditions
- Take pictures of nearby traffic signs, traffic lights, and cross streets
Seek Medical Attention
Your medical needs are the priority after a car crash. If you suffered a severe injury in the accident, seek immediate medical attention. If the paramedics recommend taking you by ambulance to the nearest hospital, accept the request. Keep all of your medical records, as you will need them for your insurance claim.
Report the Accident to Your Insurance Provider
Most insurance policies require their insured drivers to report any accident they are involved in to them, even if they weren’t at fault. Ensure you comply with the terms of your auto insurance policy.
While Texas is not a no-fault state, you may have optional no-fault insurance or other coverage that can apply to help offset some of your accident-related costs. You can begin the process of filing a claim with your insurance provider.
Contact George Salinas Injury Lawyers for Legal Assistance
Because Texas is an at-fault state, you will also need to notify the at-fault driver’s insurance company of the accident to begin your claim. You have a two-year filing deadline under Texas law. An experienced San Antonio truck accident attorney from George Salinas Injury Lawyers can assist you with the claims process while you focus on your recovery. Call us today to get started with a free case review.