What to Do After a Car Accident That Is Not Your Fault?

You are driving down a multi-lane road when a driver from a side road pulls out in front of you at the last moment. The driver ends up sideswiping your vehicle, leaving you completely stunned.

In a state of disbelief, you get out of your vehicle, only to realize that the other driver was texting. The driver looks stunned and frozen at the steering wheel, but you don’t see any visible injuries. The vehicle’s front bumper and side are damaged, and your car has a large dent in the side of it.

What should you do next? An Austin car accident lawyer at TK Injury Lawyers would like to review steps to take after a car accident that was caused by the other driver.

At the Accident Scene

If you have been involved in an accident, you should take the following steps at the accident scene:

• Move your vehicle to the side of the road, out of the way of other traffic
• If you cannot move your vehicle, set up flares or raise your hood so that you can be seen by other drivers
• Check for injuries—tend to anyone that is hurt
• Exchanges names, addresses, phone numbers, vehicle identification numbers, license plate numbers, and insurance information with other drivers
• Note the location of the crash and get names, addresses, and phone numbers of any eyewitnesses
• If anyone is injured, call 911
• Call an Austin car accident lawyer

When to Call the Police

According to Texas Transportation Code § 550.041, you should call the police if the accident resulted in any serious injuries, fatalities, or at least $1,000 in property damage.

Other circumstances to contact the police:

• If one of the vehicles cannot be moved
• You suspect one of the drivers to be intoxicated
• One of the drivers is uninsured
• One of the drivers prematurely leaves the accident scene (hit-and-run)

When a police officer arrives at the scene, he or she will assess the situation. The officer may call for backup to conduct traffic or for medical management.

Texas law requires that all drivers have auto insurance. Driving without insurance can result in a $350 fine. Your fine will increase if you have been caught driving without insurance in the past.

Third-Party Claim

Texas requires that drivers who are not at fault in an accident file injury claim through the at-fault driver’s insurance, known as a third-party claim.

The claim is being filed by a third party (you) since you are submitting your claim with the other driver’s insurance company, with whom you do not have coverage.

Texas requires its drivers to carry minimum liability coverage of:

• $30,000 for bodily injury per person;
• $60,000 for bodily injury per accident; and
• $25,000 for property damage coverage.

Policies will cover the drivers who are named on the policy and family members. Most policies will also cover anyone else who has been given permission to drive your vehicle.

What if the Other Driver Does Not Have Enough Coverage?

In 2022, over 244,000 people were injured in motor vehicle crashes in the Lone Star State. Often, the minimum coverage is not enough to pay for another driver’s medical expenses and vehicle repairs.

Drivers are encouraged to purchase higher insurance coverage in the event of a serious car crash. Not all drivers choose to do this.

If you are hit by a driver who is uninsured or underinsured, you have different options:

Uninsured/underinsured motorist (UM/UIM) coverage

If the other driver does not have insurance coverage or insufficient coverage, you can submit your claim through your own insurer.

Additionally, UM/UIM will pay out if you were the victim of a hit-and-run accident where the other driver cannot be found.

Insurance companies must offer you this coverage. If you do not want it, you may decline the coverage in writing.

Medical Payments (Med Pay) Coverage or Personal Injury Protection (PIP)

Medical Payments Coverage, or Med Pay, can pay for yourself or your passenger’s medical bills following a car accident, regardless of who was responsible for the crash.

It will pay for any medical expenses related to a car accident, even if you were riding in another person’s car or were hit as a pedestrian. Med Pay will pay funeral expenses for anyone who has suffered fatal injuries in a car accident.

Personal Injury Protection, or PIP, will also pay for medical bills for yourself and your passengers. The major difference is that PIP will cover other nonmedical expenses, such as 80% of lost wages and caregiver costs.

The downside of Med Pay is that you will have to pay back whatever money Med Pay paid to you if you end up being able to recover from the negligent driver. This is not the case for PIP insurance.

Drivers in Texas are only allowed to carry either Med Pay or PIP, not both. However, all insurance companies are required to offer at least $2,500 in PIP coverage. Drivers have the option of purchasing extra coverage.

Suing the Liable Driver

Nobody wants to spend their time in court. But if you are not able to settle your claim through insurance, you may need to consider suing the other driver.

Lawsuits are notoriously expensive and time-consuming. If you have suffered serious injuries or extensive damage to your vehicle, you may need to consider this option. This may be your only opportunity to recover the amount in damages that is rightfully yours.

An experienced car accident lawyer will be able to evaluate when/if this option is best for you.

Assertive Representation From an Austin Car Accident Lawyer

A car accident can leave your world spinning. Even after you have left the accident scene, you may be burdened with looming medical bills and incessant questions from a claims adjuster. Don’t communicate with the insurance company without first speaking to us.

TK Injury Lawyers is ready to help you and protect your rights. Contact us today to schedule your free consultation.