A car accident creates a myriad of problems. The vehicle is not the only thing that can suffer damages. People can be injured. These people have to endure medical appointments, and suffer the consequences of missing work. Of course, there’s the constant hassle of dealing with the insurance and repair companies. And let’s not forget the uncertainty about the next steps. People in Houston’s large Spanish-speaking community have an especially hard time, because the legal and insurance documents and forms are predominantly in English.
Understanding how car accident claims work in Texas can help accident victims make informed decisions, preserve important evidence, and understand their options after suffering an accident. It can be extremely beneficial to seek the help of an attorney who practices in this area of the law.
What Happens After a Car Accident in Houston?
The first step after any accident should be to assess for injuries. If there are injuries, then call 911 for the ambulance. If there is a driver that leaves the scene of the accident or if there are injuries, call 911 for the police.
If everyone is safe, then collecting information becomes very important. The Texas Department of Insurance says to collect the other driver’s information, take pictures of the other vehicle and the accident scene, talk to witnesses and take pictures of them, and take note of the date, time, location, weather and condition of the road.
Later, an insurance company or a lawyer will need to figure out how an accident happened and these small things may be very important.
Why Evidence Matters in a Car Accident Claim
To investigate accidents and make payment decisions, insurance companies conduct investigations. What happens in these cases is primarily determined by the evidence obtained after an accident.
Evidence in these cases can include photos of vehicle damage, road signs, condition of the road, police reports, witness information, records of the patient’s condition and treatment, estimates of repair costs, and other records relating to the accident.
Evidence should be secured as soon as possible. The physical condition of the scene can change, damaged vehicles can be repaired, and witnesses’ memory can fade.
For Spanish-speaking victims of accidents, communicating precisely what happened can also be very helpful. Clarifying how, when and to what extent the accident victim was injured can help prevent communication problems when making a claim.
Understanding the Insurance Claims Process
Following an accident, an individual might have to communicate with several insurance companies. The Texas Department of Insurance recommends notifying your insurer about the accident as soon as you can and keeping information about the adjuster that will be handling your claim. You should also keep your medical records and bills as well as any records about treatment you receive.
If the other driver was at fault, the claim will involve that driver’s liability insurance. However, there can be a great deal of variations in the insurance situations, as well as the circumstances surrounding a motor vehicle accident, and it’s often very difficult to generalize what is or is not standard practice.
An adjuster may want to ask you questions regarding the accident, your injuries, treatment, your vehicle, and other losses. As an accident victim, you need to understand the questions you are being asked and answer to the best of your ability.
Medical Treatment and Documentation
Certain injuries don’t appear until well after an accident. This is why it’s important to receive appropriate medical care after an accident if there are any visible injuries or symptoms.
The right medical attention and documentation can help support the connection between an accident and the treatment and care that followed. This medical attention and care may include emergency room visits, multiple physician visits, diagnostic testing, medications, physical therapy, and other treatment.
Injured persons or family members are also encouraged to keep a record of medical expenses because of the accident, including medical bills, and insurance advice says to do so if the records are submitted to support a claim regarding the accident. These records may support a claim for injury expenses, physical pain, and mental distress.
Documentation and organization can help families in the difficult situation of dealing with a loss of income and unforeseen expenses due to an accident.
What Compensation Can a Car Accident Claim Include?
The value of Houston car accident claims varies significantly based on a number of factors, including the nature of the conduct that caused the accident (referred to as “liability”), the insurance coverage available, the severity and nature of the injuries, the medical treatment, the damage to the vehicles and other property, and the victim’s lost income.
Damages may include the cost of repairing or replacing the vehicle, the cost of medical treatment, lost wages, and the cost of future medical treatment.
In addition to the damages listed above, victims of auto accidents may also be able to recover money for non-economic losses, such as physical pain and mental anguish.
Comparing one accident claim to another is often misleading. Two accidents that seem similar may result in different injuries and impact the evidence available and the victim’s financial situation in different ways.
What If the Other Driver Has No Insurance?
Dealing with an automobile accident caused by an uninsured or underinsured driver adds additional challenges. The Texas Department of Insurance (TDI) reports that some vehicle policies contain uninsured or underinsured motorist coverage, and in qualifying cases, may provide protection. Other coverage types, such as personal injury protection (PIP) or medical payment coverage, may provide protection depending on the policy.
The reason accident victims must determine the actual coverage that applies to their situation is because various insurance policies differ from one another, and the level of protection may not always be the same for every policy.
Why Spanish-Language Legal Support Can Be Important
For many Spanish-speaking families in Houston, language is an important part of accessing legal information. It’s not enough to just translate words to understand a legal document. Accident victims need to understand questions related to liability, the nature of their medical injuries and treatment, their insurance coverage and benefits, the potential legal claims and how to present their case.
A Despacho de abogados de accidentes en Houston that communicates clearly with Spanish-speaking clients can make it easier for them to explain what happened, understand their options, and participate meaningfully in decisions concerning their case.
This can be especially valuable when an accident has created significant medical, financial, or family-related difficulties.
When Should You Consider Legal Representation?
Minimal legal help may be needed for minor incidents. However, a lawyer may be needed for more significant incidents such as those resulting in major injuries, a question of who was at fault, significant and/or ongoing medical costs, lost income, an uninsured driver, and an insurance company denying, defending or making a low-ball offer on a claim.
A lawyer can review the evidence, deal with insurance companies, organize documents and communicate the legal remedies available given the facts and circumstances of the case.
For someone who is unfamiliar with the U.S. legal system or is more comfortable communicating in Spanish, having professional Representación legal por accidentes de carro can also provide a clearer understanding of what to expect throughout the process.
Texas Has a Time Limit for Personal Injury Lawsuits
The Texas Civil Practice and Remedies Code, Section 16.003, typically allows a person two years from the time a personal injury cause of action accrues to file a lawsuit, subject to exceptions that may apply in a particular case.
The deadline to file a lawsuit should not be confused with the time it takes to process an insurance claim. Different legal rules can shorten or extend the deadline to file a claim or eliminate the right to file a claim. This is why someone who has been involved in a serious accident should not wait until the deadline to file a claim to seek legal advice.
Protecting Your Interests After a Houston Car Accident
A traffic collision has the potential to alter almost every aspect of an individual’s life. From one’s health and livelihood to their relationships and financial security, an accident can turn almost everything upside down. The actions taken in the hours and days following a collision can help preserve evidence, document the loss, and answer the “what happens next” questions.
Those involved in an accident should document the scene as it was when they were safe to do so, seek the medical attention they need, and keep all expenses and medical records related to the accident and ensuing loss, contact their insurance companies (if relevant), and preserve other communications and evidence.
For Houston’s Spanish-speaking community, having easy to understand information in Spanish can help simplify what is already a complicated and stressful situation. Accident victims need to know their options and the available processes, particularly if a case develops into a more complicated personal injury case.
If there are injuries or significant financial losses, then it is prudent for the accident victim to consult with an experienced Texas attorney specializing in personal injury cases to explain the legal options that may be available.
