How Long Do You Have to File an Insurance Claim?

How Long Do You Have to File an Insurance Claim?

A car accident can result in serious injuries that land you in the hospital with a potentially lengthy recovery time. After an accident in which you have suffered injuries, one of the last things on your mind is probably dealing with an insurance company and gathering all of the documentation required to file a claim. Insurance companies are notoriously difficult to work with, and in the middle of focusing on healing from your injuries that might even require an extended stay in the hospital, the idea of filing a claim can be quite overwhelming.

Working with an experienced personal injury attorney can help to put your mind at ease and ensure that you are following the proper insurance claims process. At TK Injury Lawyers, we are here and ready to discuss your Austin, Texas, car accident case.

The Statute of Limitations for Filing a Car Insurance Claim in Texas

If you are planning to file a personal injury claim after a car accident in the state of Texas, the statute of limitations is two years from the date that the accident occurred. This limit is the same for those who are claiming property damages as well.

While this seemingly lengthy period of time might seem like a relief, it is beneficial to file your claim as soon as possible. The longer you wait to file, the more difficult it might be to remember details of the accident and to gather important documentation to support your claim. The statute of limitation is typically a strict time limit, but if your accident was more than two years ago it is still a good idea to talk to an attorney and see if it is possible to file an extension.

The Importance of Working with a Car Accident Lawyer

There are many reasons to consider hiring an experienced Austin car accident attorney if you have been involved in a car accident. It can be incredibly challenging and overwhelming to deal with the insurance claims process and speak to adjusters while also attempting to heal from the injuries you suffered in the accident. Working with a lawyer can help alleviate some of the stress and let you focus on your recovery.

Many people want to wrap up the process as soon as they can and end up settling for a smaller amount in order to be done with the whole experience. Insurance companies are businesses that need to remain profitable, so having a legal advocate on your side to navigate the claims process can give you an advantage and result in a larger settlement amount than you might have gained on your own.

Several ways that an attorney can help in the event of an accident include:

• Helping to establish fault – when another driver was at fault for the accident, your attorney can work to provide documentation and evidence to establish liability.

• Pursuing a settlement – your attorney can also communicate with the insurance companies throughout the claims process, submit necessary documents, and review medical and police reports. They can also work to recover damages, including medical costs, repairs to your vehicle, pain and suffering, lost wages due to the accident, and more.
• Guidance on the claims process – those who are unfamiliar with the insurance claims process often settle too quickly without recovering the full value of their damages. Working with a skilled car accident lawyer who is there to guide you through every step of the claims process can potentially help you recover a larger settlement than you might have on your own.

What if the Liable Party Does Not Have Insurance?

According to the Texas Department of Insurance, all drivers in Texas are required to carry a minimum of $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage. This is referred to as 30/60/25 coverage, and drivers must carry at least this much insurance coverage. Typically, the at-fault driver’s insurance company would cover your expenses in the event of an accident.

What happens in the worst-case scenario, when you have been involved in a car accident, and the at-fault driver does not have the required coverage or any insurance coverage at all? What are your options? In this case, there are three primary options:

1. You could pay for the damages yourself. In this case, you would assume all of the financial damages. For minor accidents, this option might be the best course of action, but this can be an expensive option if you have suffered injuries and there are significant damages to your property.
2. Assuming that you have first-party coverage and not just liability coverage, you can submit a claim through your insurance company, which they will pay for your expenses. This option is often the most straightforward but can be frustrating since your insurance premiums are often adjusted higher after a significant claim.
3. Your third option is to pay for the damages yourself and file a lawsuit against the at-fault party. This can be a bit more complicated as it requires collecting more documentation, police and medical records, and more. Your attorney can help talk through this process and advise if it is the best option.

Remember that if you pursue either an insurance claim or a lawsuit, you must file within two years of the date of the accident, but it is advisable to act as quickly as possible.

Speak with an Experienced Austin Car Accident Attorney

The insurance claims process can be complicated and confusing. If you have been injured in Austin, Texas, and are wondering how and when to file a claim with your insurance agency, it is helpful to talk to a skilled attorney as soon as possible.

At TK Injury Lawyers, our team of attorneys is dedicated to advocating for our clients who have been involved in an accident. Reach out and contact us online or call our office today for a free consultation to learn more about your options.