Last Updated: December 3, 2024
Understanding the laws surrounding car accidents in Texas is crucial for anyone involved in a car incident. The state has specific statutes that address the consequences and legal procedures following an accident. We are here to help you navigate through these challenging times with accurate information and potential avenues for legal assistance.
The Auto Accident Team connects you with experienced legal professionals who can guide you through the legal maze of car accidents in Texas. By understanding your rights and the laws in place, you can better manage the aftermath of an accident and seek any compensation you may be entitled to.
Drivers must have liability insurance to cover injuries and damages they may cause in a crash. According to the Texas Department of Insurance, the minimum coverage required for Texans includes $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage.
The statute of limitations in Texas for personal injury and property damage claims, including those arising from car accidents, is two years from the date of the accident. This means you must file an auto accident lawsuit within two years or you likely lose your right to sue.
In cases involving government vehicles, different rules apply. Claims against government entities in Texas require you to file a notice of claim within six months of the accident. This notice must detail all damages and injuries as well as the incident itself.
Texas also follows the modified comparative negligence rule. Under this rule, your compensation is reduced by your percentage of fault in the accident. However, if you are found to be more than 50% responsible, you cannot collect any compensation from the other involved parties.
After an accident, insurance companies will investigate the case to build their own version of events. While many individuals may assume the insurance company has their best interests in mind, this is rarely the case.
Typically, insurance companies will attempt to place fault on the victim in an attempt to deny or devalue their claims. Their investigation will include reviewing police reports, speaking to witnesses, and examining any relevant evidence from the accident scene.
Additionally, insurance companies employ extensive legal teams to protect their bottom-lines. This makes it critical to have a seasoned car accident lawyer in your corner to fight for your rights and interests.
At the Auto Accident Team, our network of attorneys have at least five years of experience and are in good standing with the State Bar of Texas. They have the knowledge and skills necessary to defend the total value of your claim.
If you’re involved in a car accident in Texas, the first step is to ensure the safety of all parties involved and call the police if there are any injuries or significant property damage. It’s important to gather as much evidence as possible at the scene, including taking photos and obtaining contact information from witnesses.
While it is important to report the accident to your insurance company, it is essential to first speak with an experienced attorney. Insurance companies may use anything you say as an admission of fault, jeopardizing your car accident claim.
If you must speak to the insurance adjuster without an attorney present, try to limit the conversation to the property damage you have suffered, as discussing your other damages may be risky.
However, be sure to have your car accident lawyer review all documents before signing. Sometimes signing settlements to settle property damage can also settle your entire claim, meaning you would be unable to seek further compensation for your injuries.
Yes, in Texas, someone can still sue you for a car accident even if you have insurance. Texas follows an at-fault system for car accidents, meaning that the person responsible for the accident (or their insurance) is liable for damages. Your insurance is meant to cover liability up to your policy’s limits. However, if the damages or injuries exceed your insurance coverage, the other party can sue you personally to recover the remaining costs.
For example, if you carry the state minimum liability insurance but cause significant property damage or serious injuries, the injured party might pursue a lawsuit to cover expenses beyond your insurance limits. Additionally, in Texas, if the accident involved severe negligence (such as reckless driving or driving under the influence), the other party may seek further compensation.
Having higher liability limits or an umbrella policy can reduce the risk of personal financial responsibility beyond your insurance.
Yes, in Texas, a no-fault accident can still appear on your driving record, as Texas tracks all accidents regardless of fault. Whether or not you were at fault does not typically impact whether the accident is recorded, but it can influence how it affects your insurance rates.
Insurance companies will often consider any accident, even those where you were not at fault, when calculating premiums. However, because Texas is an at-fault state, if you’re not responsible for the accident, you may be able to avoid a rate increase or mitigate its impact on your insurance costs.
Additionally, insurers often view no-fault accidents as less severe than at-fault accidents, but this varies by provider and individual policy terms.
In Texas, there is no strict time limit set by law for filing a police report after an accident. However, Texas law requires that you immediately report accidents involving injury, death, or property damage over $1,000. This generally means you should file the report as soon as possible, ideally at the scene or within a few days after the accident, to ensure accurate and complete details.
If law enforcement does not come to the scene, Texas allows drivers to complete and submit a Driver’s Crash Report (Form CR-2), also known as a “blue form,” within 10 days of the accident. This report can be filed with the Texas Department of Transportation (TxDOT) when a police officer wasn’t present to document the incident. Timely reporting is crucial because insurance companies often require police reports to process claims.
In Texas, a car accident typically stays on your driving record for three years from the date of the incident. This duration affects your insurance rates, as insurers consider your driving record when setting premiums. However, more serious incidents, like a DUI or a hit-and-run, may remain on your record for a longer period.
The Texas Department of Public Safety (DPS) keeps a record of all traffic violations, including accidents, and each insurance company has its own policies on how these affect your rates. Many insurers may consider accidents for three to five years, though rates usually decrease over time if no further incidents occur.
If someone else is driving your car and gets into an accident in Texas, your insurance policy is typically the primary coverage for any damages or injuries, because insurance generally follows the vehicle, not the driver. Here’s what usually happens:
Your Insurance Coverage: Your car insurance policy will likely cover the accident up to your policy limits. This includes liability for property damage and injuries caused to others. If the damage exceeds your coverage limits, the driver’s insurance may come into play, but only after your coverage is exhausted.
Types of Coverage in Effect: If you have comprehensive or collision coverage, your policy may cover damages to your car, though you’ll still need to pay the deductible. If you only have liability coverage, damages to your vehicle may not be covered.
Potential Increase in Premiums: Since the accident occurred in your vehicle, even if someone else was driving, your insurance rates could increase as a result of the claim.
Exceptions and Exclusions: If the driver is excluded from your policy or was driving without permission, your insurance company may deny coverage. Additionally, drivers who are unlicensed or under the influence may void certain coverage, potentially leaving you liable for all damages.
It’s always wise to verify that your policy covers occasional drivers and to clarify any exclusions that might apply. For specific guidance, reach out to your insurance provider or review the Texas Department of Insurance’s information on car insurance coverage.
If you get into a car accident without insurance in Texas, you may face significant legal and financial consequences due to the state’s mandatory liability insurance laws:
Fines and Penalties: Texas imposes fines for driving without insurance. For a first offense, fines range from $175 to $350, and they increase with repeated offenses, potentially reaching up to $1,000 plus additional surcharges.
SR-22 Requirement: If caught without insurance after an accident, Texas may require you to file an SR-22, a certificate of financial responsibility, for two years to prove that you’re carrying the minimum required insurance.
License and Registration Suspension: An accident without insurance can result in a suspension of your driver’s license and vehicle registration until you meet the insurance requirement and pay fees to reinstate your privileges.
Financial Liability: You may be personally responsible for covering the other party’s medical expenses, property damage, and other associated costs if you’re found at fault in the accident. Texas is an at-fault state, meaning the person responsible for the accident must cover all damages, and without insurance, you’ll likely need to pay out of pocket or face legal action.
Legal Consequences: If you can’t cover damages, the other party might sue you, and a court could order wage garnishment or seizure of assets to satisfy the debt.
Driving without insurance in Texas is risky not only due to legal repercussions but also because of the substantial financial burden that an accident can bring.
In Texas, the minimum car insurance required by law is liability insurance, specifically covering:
Bodily Injury Liability:
$30,000 per person injured in an accident
$60,000 total per accident if multiple people are injured
Property Damage Liability:
$25,000 per accident for property damage
This minimum coverage is often referred to as 30/60/25. While these are the minimum requirements, many drivers opt for additional coverage (like comprehensive, collision, or uninsured motorist coverage) to better protect against potential financial liabilities in the event of a serious accident.
At the Auto Accident Team, we understand how overwhelming dealing with a car accident can be. Our mission is to connect you with skilled Texas car accident attorneys who can evaluate your case, guide you through the legal process, and advocate on your behalf.
Our network includes attorneys who focus on Texas car accident laws and are experienced in achieving favorable outcomes for their clients. Working with our team ensures that you receive professional legal consultation, thorough case evaluation, and aggressive representation in negotiations or in court.
Our commitment is to help you understand your rights and achieve the compensation you deserve. For more information or to begin discussing your case, please contact us at (877) 301-0431 .
Our network of legal professionals is ready to help you assess your situation and take the necessary steps toward recovery and compensation.
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