In the United States, there are a variety of approaches governing car insurance and the registration of accident claims. Several states have a no-fault insurance policy; others do not. Some states even allow the individual to make a choice. As a result, the laws applicable can also vary. This is a brief look at the standard procedure before concentrating on what Texas law requires when you file a car accident claim.
Standard Procedure
No matter where the accident takes place, the victim needs to follow specific procedures. He or she must
- Contact the appropriate insurance carrier and file your claim
- Make sure there is a record of the accident, particularly a police report
- Obtain medical evidence for later
- Compile evidence concerning the impact of the accident on physical, mental and economic well-being
These are all general and common state procedures. The legal system in each state, however, affects the timeframe and the specifics of registering.
Texas Laws
In Texas, there are several laws that can affect your car accident claim. These range from where you can and should file to the definition of liability and negligence. Pertinent to Texas law regarding car accidents is the amount of insurance you must carry. In Texas, car insurance is compulsory. Liabilities must be a minimum of $20,000 per individual covered while property figures are $15,000 minimum
Another law governing your claim concerns the length of time permitted to register your claim with the pertinent authorities. If this accident involves personal injury, you have up to 2 years following the accident to register your claim. If it is property damage, you have a longer period in which to execute your claim – 5 years. Be aware of the time. There are no extensions.
Look at the possible defences against your claim. You should know, specifically, the law of liability in Texas. Understand the following terms
- reasonable care
- proper outlook – was the individual able to observe and take steps to prevent the accident
- contributory – could reduce monies received or paid in damages
These may determine whether you will be successful in a claim of negligence in Texas.
Do I Need A Lawyer?
If you have any doubts about a settlement or possible court case, contact a lawyer. If you do not feel you know the laws in Texas, talk to a lawyer. This will help you prepare your Texas car accident claim to your benefit.
