Texas Car Accident Settlement and Lawsuits
After a car accident, if you decide to file a claim against the at-fault driver in Texas, there are a few state laws that you need to understand.
If you’re a driver or passenger involved in a car accident in Texas, you need to know what to expect if you decide to make a claim for injuries or seek compensation for vehicle damage -- from how to deal with car insurance adjusters to navigating the legal landscape via a personal injury lawsuit over the accident.
This page provides a guide to the Texas-specific resources on All-About-Car-Accidents.com, so you can understand some of the key Texas laws that could affect your car accident claim, and learn when and how to contact a Texas car accident lawyer to help you.
Texas Laws on Car Accident Claims
After a car accident, if you decide to file a claim against the at-fault driver in Texas, there are a few state laws that you need to understand, starting with the lawsuit filing deadline for personal injury cases in civil court (this is a law called a statute of limitations, and every state has one).
In Texas, you have two years from the date of the car accident to get your case started -- that means filing the initial complaint with the proper branch of the civil court system in Texas. The personal injury statute of limitations in Texas is codified at Texas Civil Practice Code section 16.001.
Learn more about Texas’s car accident lawsuit filing deadline -- and other state laws that could impact your case -- in our article Car Accident Laws in Texas.
Texas Car Insurance Rules
Car insurance will come into play in almost any kind of claim after a car accident, whether you’re making a claim under your own policy or with the other driver’s carrier (the latter is known as a third party car insurance claim). Here is a quick snapshot of Texas car insurance rules:
- Texas is a “fault” car insurance state, meaning you are free to file a liability insurance claim or personal injury lawsuit against the other driver after a car accident (a dozen or so states follow a no-fault system, but Texas is not one).
- The minimum car insurance coverage requirements for drivers in Texas are: $30,000 for bodily injury per person, $60,000 for bodily injury per accident if two or more people are injured, and $25,000 for property damage per accident.
- Texas does not require drivers to carry uninsured or underinsured motorist coverage, although car insurance companies are required to offer that kind of coverage in Texas.
For more in-depth information, check out our article Texas Car Insurance Laws and Regulations.
Contact a Texas Car Accident Lawyer
You may not need to hire a Texas car accident lawyer if your case is pretty straightforward and you didn’t incur much in the way of losses. For example, if you’re in a fender bender where the at-fault driver’s insurance company accepts liability and pays your vehicle damage claim, plus gives you a little more on top of that to compensate you for inconvenience, you can probably handle that kind of claim yourself.
But if the other driver’s insurance company is saying you were at fault for the car accident, or if you suffered significant injuries as a result of the crash, a lot more might be at stake, and it’s a good idea to discuss your situation with a car accident lawyer.
A good car accident attorney knows how to handle the back-and-forth of settlement negotiation, how to anticipate and avoid obstacles in the process, and the best way to protect your rights at every stage in the case, including filing a car accident lawsuit in the Texas civil court system if it comes to that.