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If you’re facing injuries from a car accident, you may struggle with pain that causes lost work hours. You may try to “get back to normal.” But for some individuals, a new normal happens – living with daily chronic pain. You may wonder if you’ll ever feel good again.
When a car accident causes injury, you want to know what to do next. Who will pay your medical bills? What if the treatment you choose is not covered? Will the insurance company reimburse your expenses for a chiropractor? Let’s look at what to do if you’re injured in a car accident.
First Things First
If you get hurt in a car accident or if the injuries or property damage associated with the accident look extensive, call law enforcement to the scene of the crash to investigate. Any accident with more than $1000 in damages or injuries needs a crash report filled out by law enforcement.
Make a point to exchange names, addresses, and phone numbers with the other driver and note their vehicle make, model, and year. Exchange your insurance details with each other and with law enforcement. Also, take note of the names and contact information for witnesses to the crash. Write down the time of the crash, weather, and road conditions. Take photos of any damage to vehicles from different angles. If the sun may be a factor, take photos of the sky.
If you are unconscious and in the hospital, you’ll need to check the police report for the information you need. Law enforcement will contact you for a statement once you can give one.
Watch What You Say
If you are conscious and able to speak at the accident scene, be careful what you say. Any claim of responsibility or fault may affect your ability to make a personal injury claim later. It may feel like “the nice thing to do” to accept blame if you feel responsible, but it is never the smart thing.
You may feel different about what happened later. You could remember additional details that change your way of thinking. There could be other facts pertinent to the scene that you don’t yet know. Never give information beyond what is necessary for the police report at the accident scene.
I’m Hurting But Can’t Afford Treatment
It is wise to go ahead and seek out treatment immediately for any injuries. Seeking help for your injuries indicates to insurance companies and courts that you need the medical treatment you seek.
Waiting several months before getting treatment for injuries is often seen as a tactic to get insurance money. Unless you have no possible way to get treatment for injuries, go ahead and take care of your health so that others see your injuries are serious.
The wisest way to know what kinds of treatment to seek is by consulting with a personal injury attorney who has the experience to understand what your policy will and won’t cover. Your attorney can advise you on whether your treatment is a legitimate response to your accident. A knowledgeable personal injury attorney will know if coverage extends to physical therapy dry needling sessions costing $3450 for your neck injury.
How Does Insurance Work?
Texas is an at-fault state. This means that the driver’s insurance responsible for the crash pays the claims arising from property damage or bodily injury. Any driver who causes damage or injuries in a car accident may be liable for damage claims.
If you are at fault and possess car insurance with the minimum limits, it may cover the fallout from an accident. However, the other driver or passengers may sue your insurance company or you for more money if your insurance payout limits are insufficient.
The minimum amount of coverage in Texas is:
- $30,000 for each injured person
- $60,000 total for injuries per incident
- $25,000 for property damage
If the other driver involved in the crash has no insurance or has low coverage, their insurance may not cover your medical needs. When the at-fault driver’s insurance is insufficient to cover damages, injured individuals often hire an attorney and sue for damages. However, if the uninsured or underinsured driver has no money, you may get nothing. If the driver is uninsured, you may have to look to your own insurance to cover your medical expenses.
Filing Claims
Always file a claim with your insurance company as soon as possible. Let their adjusters get pictures of the vehicle damage and make sure they agree to the body shop you’d like to use.
The insurance company must notify you of the acceptance or rejection of a claim before the 15th business day after they’ve received your statements and required forms .If the insurer rejects the claim, they must let you know the reasons for the rejection. If they accept any part of the claim, they must pay you within five business days.
Insurance companies are also allowed by law to notify you that they need more time to collect information, but in this case, they must accept or reject your claim by the 45th day after giving you notice they need more time. (1)
It is smart to bring your attorney with you to any recorded statements for insurance companies. Adjusters use these statements along with law enforcement reports to determine fault.
How Long Do I Have to File a Personal Injury Claim?
In Texas, the statute of limitations on filing an insurance claim or suing for personal injury damages is 2 years. That means that you have 2 years to think about filing a case. Your case does not have to be settled or finished going through the judicial system however. You only must file your claim during this time period.
If you haven’t filed after 2 years, even if the other driver was blatantly negligent, you can no longer make a claim in court to recover your out of pocket medical expenses or sue for pain and suffering. You may also not recover any property damage from insurance or court cases after the 2 years have passed.
How Long to Settle a Personal Injury Lawsuit?
Most personal injury claims settle within 9 to 18 months as attorneys negotiate with insurance companies and other attorneys. Sometimes, a complicated case with extensive damages or a death can take longer. When the stakes are high with extensive vehicle and personal injuries to more than one person, the negotiations may take longer until everyone agrees.
In very detailed and highly controversial cases, the claim will not settle and the case will go to court. This is not a likely scenario in most personal injury cases. Most insurance companies do not want to see the inside of the courtroom if they can negotiate and settle the claim without judicial interference.
We Can Help
At Jarrett Law, our personal injury legal team understands your pain and suffering deserve compensation. With insurance companies who try to pay out the least amount to settle a case, you need a strong negotiator on your side and the threat of a court date to get results. Don’t let the insurance company have the last word when your health and financial wellbeing is in the balance. We work to get the results you need for the struggle you’ve been going through. Contact us today and find out how we can help.