Did you know that you have car accident rights if you are injured or experience property damage due to another driver’s negligence? Many victims know that there is a possibility of receiving compensation from the insurance company. But they don’t understand the full extent of their rights at this time.
In this article, we are providing an overview so that you understand the importance of your legal rights. Not only do you need to know what to do after a car accident, but it’s critical that you are working with an experienced attorney who is experienced with car accident liability laws.
Immediate Steps to Take After a Car Accident
There are several essential steps that you need to follow when a car accident happens:
- Safety is Priority: The first step is to make sure that you are prioritizing your safety, as well as the safety of other people around you. For example, step out of the street if possible and help others get to safety as well.
- Reporting the Accident: There are legal obligations to report the accident to the authorities. So, even small accidents should involve the police.
- Collect Evidence: If possible, take a proactive approach to collecting evidence to help with your case. Photos and videos can be useful for establishing liability. Also, get the contact information of eyewitnesses and make sure to have a copy of all police reports.
Understanding Your Rights After a Car Accident
The most effective solution for understanding car accident rights is to find a local attorney to assist. It doesn’t matter if you were the driver or a passenger; you have the right to compensation to help with your injuries.
Rights of a Driver
The rights of a driver in a car accident include:
- The right to file a claim
- The right to compensation
- The right to remain silent
- The right to fair treatment
- The right to access police reports
- The right to personal injury protection
- The right for compensation for uninsured/underinsured drivers
- The right to decline settlement offers
Rights of a Passenger
The rights of passengers in car accidents include:
- The right to file a claim
- The right to medical coverage through the driver’s insurance
- The right to pursue damages
- The right to unbiased representation
Uninsured Motorist Rights
These are uninsured motorist rights after an accident:
- The right to uninsured motorist coverage through your own insurance company (if you have this coverage)
- The right to sue the liable party
- The right to medical coverage through personal injury protection from your insurance
- The right to compensation from other sources, such as the vehicle owner’s policy or other liable parties
- The right to legal representation
Legal Guide After a Car Accident: What You Need to Know
When you are filing a car accident claim, there are various things that you need to keep in mind to ensure a successful outcome. Certain legal processes are in place to protect victims, and your attorney can assist in ensuring that nothing is overlooked.
You deserve to have a legal advocate to help with your car accident compensation rights. Your attorney will act as a legal guide every step of the way, including gathering evidence, handling all communications, negotiating with the insurance company, and finalizing a fair settlement on your behalf. We have many years of experience assisting with personal injury claims after a car accident and invite you to contact our team to learn about your rights.
Car Accident Legal Advice for Victims
Here are a few of the best tips for car accident victims and their families:
- Know when to hire a car accident lawyer. The best solution is to call for legal representation as soon as possible. Don’t delay hiring a lawyer, because waiting could have a negative impact on your settlement.
- Choose an experienced legal team that knows how to protect your rights after an accident. It’s important that you are working with someone who specializes in this type of lawsuit.
- Avoid the most common mistakes after a car accident, such as not calling the police, admitting fault, failing to document the scene, not seeking medical attention, not gathering contact information from the other parties, or leaving the scene too early.
Navigating the Insurance Claim Process
The harsh reality is that dealing with insurance companies after an accident can be quite complicated. The insurance provider is working hard to reduce the amount of money that they will need to pay. So, you need legal representation to navigate the car accident insurance claim process as successfully as possible.
If the insurance company contacts you directly, you should not talk to them or answer their questions without first consulting with your lawyer. Anything you say could be held against you. So, let your lawyer protect your car accident rights and handle this communication on your behalf.
FAQs
Can I File a Claim If I Was Partially at Fault for the Accident?
Yes, you still have the right to file a claim, even if you were partially at fault. The compensation you receive might be reduced based on the comparative negligence laws (depending on the percentage of your fault).
What Types of Compensation Can I Receive After a Car Accident?
Various types of compensation can be included in your settlement, such as medical expenses, property damage, lost wages, and pain and suffering.
How Long Do I Have to File a Car Accident Claim?
In the state of Texas, the statute of limitations for car accident claims is two years. We encourage you to file the claim as soon as possible to optimize the outcome of your case.
How to Report a Car Accident Legally?
To legally report the car accident, you will need to contact local law enforcement. The police will help with filing the accident report. Additionally, contact your insurance company as soon as possible.
Call a Car Accident Attorney Near Me
Our legal team is here to help when you need car accident legal help. Not only do we have experience in proving fault in a car accident, but we know the best strategies to maximize your compensation. For more information about your car accident lawsuit rights, we invite you to schedule a consultation to discuss the best strategy for your unique situation.
Green Law Firm is here to help every step of the way. Contact us to book a no-obligation consultation where you can talk to an experienced car accident attorney: (956) 542-7000.