What Do I Need To Make A Claim Against My Insurance?

If you have been in an auto accident in Texas and would like to make an insurance claim, you will need evidence of how the accident occurred and the damage that resulted.

You Should Have The Following Information and Evidence Before Making A Claim:

The Other Driver’s Information

If the car accident involved multiple vehicles, be certain to get every other drivers’ information.

Note that under Texas law, the other drivers involved in the accident must give you this information:

  • The other driver’s name, address, and your telephone number.
  • The other driver’s license number.
  • The other driver’s plate number.
  • The other driver’s insurance information.

Photographs Of The Accident

After the accident, be certain that no one is injured. If anyone is hurt, immediately call 911 and get medical help for whomever has been harmed.

When you have addressed that, you should take photos of the accident to document how the accident occurred and the damage that resulted.

  • Take photos from different angles to cover everything. If there is a collision, photograph it from different viewpoints.
  • Use close ups and wider shots that show the context of the accident.
  • Use indicators that show how the accident may have occurred. For example, if the at-fault driver’s car is over the yellow double line in the road, photograph that.
  • Show any damage and injuries before removing the vehicles.
  • Include any sign posts or landmarks that can authenticate your accident photos.
  • Be certain to back up any photos you take.

Police Report

Very minor auto accidents in Texas do not need to be reported to law enforcement.

However, you are required by law to report it if the accident resulted in:

  • Apparent damage of $1,000 or more
  • Bodily injury, or
  • A death

You should report the accident to the police and obtain a copy of the police report.

Witness Information

Anyone who observed the accident occurring may be a witness. You should get contact information and statements from potential witnesses that can support your claim.

Bills And Evidence Of Bodily Injury or Property Damage

Have copies of all your bills for medical care, car repairs and any other bodily injury or property damage caused by the Texas car collision.

Notification Letters

  • If you were injured, you will need to write notification letters to the parties involved that were at fault. Send the notification to them even if you are not sure who caused the accident.
  • A notification letter should inform the insurance company that you plan to ask for compensation for your injuries. Do not include any information related to the accident or your injuries. Do include the date, time and location of the accident. Be sure to include your name and address, and the date that you wrote the letter. If you do not receive responses within a reasonable time, you should resend copies of the letters by return receipt. You may do that at the post office. You should also send a letter to your insurance company. Include the information about the other parties involved.
  • Keep copies of your letters and return receipts. Those documents may be used in a court as proof that you notified those involved. If you do not send notification letters, your attempt to get compensated could be compromised.

Be Cautious About What You Say To The Insurance Company

Be careful when talking to the insurance company representative. The insurance adjuster may be personally sympathetic with your situation. But insurance companies are businesses. Lower settlements mean higher profits.

The insurance company has the right to use any statements you make against you. Do not apologize or admit fault. Do not threaten or intimidate anyone. Instead, remain calm and level-headed.

The insurance company may deny coverage, or offer a settlement that will not pay for all your bills and injuries. If they do so, you may want to speak with a Texas auto accident attorney who can put together your case with a strong presentation of the evidence.

Speak To A Texas Personal Injury Attorney

If you have been in a vehicular collision in the Texas area, speak to a Texas car accident lawyer to understand your rights under Texas law.

You may be entitled to more compensation for your damaged vehicle than the insurance company is offering.

A Texas auto collision attorney can help make sure you get all the money you deserve under Texas law.

Warriors For The Injured

Justinian & Associates is a Texas-based personal injury law firm with experience and a record of success.

Contact us for a free consultation with a seasoned Texas auto accident attorney. We will hear your story and explain your options under the law.