Auto Collision Settlements in Texas: What You Need to Know

If you’ve been injured in a car accident in Texas, you may be wondering what your car accident settlement could be. The process involves several steps, including determining liability, assessing damages, and negotiating with insurance companies. Auto collision settlement amounts vary based on factors like the extent of your injuries, lost wages, medical bills, and pain and suffering.

Determining Fault in a Texas Auto Collision

Texas follows a fault-based system, meaning the driver who caused the accident is responsible for the damages. To establish fault, insurers and legal professionals consider:

• Police Reports: Official accident reports often indicate which driver was at fault.
• Eyewitness Testimonies: Statements from those who saw the crash can support your claim.
• Traffic Laws: Violations like speeding, running a red light, or failure to yield impact liability.
• Evidence from the Scene: Photos, videos, and vehicle damage reports help determine responsibility.

Comparative Negligence in Texas

Texas applies modified comparative negligence, meaning you can recover damages only if you are less than 51% responsible for the accident. However, your auto collision settlement will be reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $50,000, you will receive $40,000 after the reduction.

What Is the Average Settlement for a Car Accident in Texas?

There is no fixed amount for car crash settlements in Texas. The average settlement for car accident back and neck injury depends on the severity of the injury, medical expenses, and long-term impact. Factors influencing accident settlements for car accidents include:

• Medical treatment costs, including emergency care, physical therapy, and long-term rehabilitation.
• Lost wages due to time off work.
• Pain and suffering, including emotional distress and loss of enjoyment of life.
• Insurance coverage limits of the at-fault driver.

How Is a Car Collision Settlement Calculated?

A car accident settlement calculator can give you an estimate. However, actual car injury settlements depend on legal negotiations and evidence. Settlement amounts take into account the different types of compensation available.

A settlement aims to cover financial losses and hardships caused by the accident. The main categories of compensation include:

Economic Damages

These are measurable financial losses, including:

• Medical Expenses: Emergency care, hospital stays, surgeries, rehabilitation, and future medical costs.
• Property Damage: Repairs or replacement costs for your vehicle and other damaged property.
• Lost Wages: Compensation for income lost due to injury recovery.
• Loss of Earning Capacity: If injuries prevent you from working at the same level as before, it may entitle you to lost wages.

Non-Economic Damages

These cover losses that are harder to quantify, such as:

• Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident.
• Emotional Distress: Anxiety, depression, and other psychological impacts related to the crash.
• Loss of Enjoyment of Life: If injuries limit your ability to engage in activities you once enjoyed.

Steps to Take After a Car Accident in Texas

To improve your chances of getting a fair car accident settlement, follow these steps:

1. Call the police and obtain a police report.
2. Seek medical treatment immediately, even if injuries seem minor.
3. Document everything, including medical bills, lost wages, and accident-related expenses.
4. File a claim with the at-fault driver’s insurance.
5. Consult a car accident attorney for legal guidance.

The Settlement Process in Texas

1. Filing a Claim

After the accident, you must file a claim with the at-fault driver’s insurance company. Provide supporting documents, such as medical bills, repair estimates, and wage loss statements.

2. Investigation by the Insurance Company

The insurer will investigate by reviewing police reports, medical records, and witness statements. They may also assess vehicle damage.

3. Settlement Offer

Once the investigation is complete, the insurance company will make an initial settlement offer. This offer may not fully cover your losses, so review it carefully before accepting.

4. Negotiation

If the offer is too low, your attorney can negotiate for a higher settlement. This process may involve counteroffers, additional evidence, and legal arguments to support your claim.

5. Reaching an Agreement or Filing a Lawsuit

Most cases settle through negotiations. However, if the insurance company refuses to offer a fair amount, filing a lawsuit may be necessary. If a case goes to court, a judge or jury will determine the compensation amount.

How Long Do You Have to Settle an Auto Collision Claim in Texas?

Texas law imposes a two-year statute of limitations for personal injury and property damage claims. This means you must file a lawsuit within two years of the accident, or you lose the right to pursue compensation.

Why Is My Car Accident Settlement Taking So Long?

Many factors can delay a car wreck settlement, including:

• Disputes over fault: If the insurance company challenges liability, it can slow down the process.
• Extent of your injuries: The longer it takes for medical conditions to stabilize, the longer the settlement process.
• Insurance company delays: Some insurers stall negotiations to pressure accident victims into accepting lower offers.
• Legal complications: If the collision involved multiple parties, the case may take longer to resolve.

If there is a delay in your settlement, a car accident attorney can help push the process forward.

How a Car Accident Attorney Can Help

A lawyer can negotiate with insurers to maximize your typical car accident settlement. They help accident victims get full compensation for their car accident injuries. They also gather evidence like medical records and police reports. Many offer a free consultation to evaluate cases.

Why Legal Representation Matters

Insurance companies often try to minimize payouts. Working with an experienced attorney can help ensure you receive fair compensation. At Universal Law Group, we offer personalized legal help. We guide clients through the settlement process with honesty and dedication.

• Maximized Compensation: Lawyers understand how to calculate damages and fight for fair settlements.
• Negotiation Power: Insurers take claims more seriously when you have legal representation.
• Protection from Unfair Tactics: Attorneys prevent insurers from pressuring you into lowball settlements.

Contact Universal Law Group for a Free Consultation

If you’ve been in an auto collision in Texas, don’t navigate the settlement process alone. Universal Law Group is here to help. Contact us today for a free consultation and let us be your gateway to legal solutions.