How soon do you have to file an insurance claim?

How long do you have to file an insurance claim?

A car accident can cause serious injuries that land you in the hospital with a potentially long recovery time. After an accident in which you have been injured, one of the last things on your mind is probably dealing with the insurance company and gathering all the necessary documents to file a claim. Insurance companies are difficult to deal with, and between focusing on getting treatment for your injuries, which may require a long hospital stay, the idea of ​​filing a claim can be overwhelming.

Working with an experienced personal injury attorney can help put your mind at ease and ensure you follow the correct insurance claims process. At TK Injury Attorneys, 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 plan to file a personal injury lawsuit after a Texas car accident, the statute of limitations is two years from the date of the accident. This limit is the same for property damage claims.

Although this seemingly long time may seem like a relief, it is beneficial to file your claim as soon as possible. The longer you wait to file a claim, the more difficult it will be to remember the details of the accident and collect important documents to support your claim. The statute of limitations is usually a fixed one, but if your accident happened more than two years ago, it’s a good idea to talk to an attorney to see if it can be extended.

The importance of working with a car accident attorney

If you have been involved in a car accident, there are many reasons to hire an experienced Austin car accident attorney. Dealing with the insurance claims process and dealing with adjusters, as well as trying to recover from your accident injuries, can be overwhelming and overwhelming. Working with an attorney can help relieve some of the stress and allow you to focus on your recovery.

Many people want to complete the process as quickly as possible and want to pay a smaller amount to complete the whole experience. Insurance companies are businesses that need to remain profitable, so having a legal attorney on your side to manage the claims process can give you an advantage and result in a larger settlement amount than you could have achieved on your own. .

There are several ways an accident attorney can help:

  • Help determine fault – When another driver is at fault in an accident, your attorney can provide documents and evidence to establish liability.
  • Moving forward with the settlement – your attorney can contact insurance companies, provide necessary documents, and review medical and police reports during the claims process. They can also work to recover damages that include medical expenses, vehicle repairs, pain and suffering, lost wages due to an accident, and more.
  • Guidelines for the claims handling process – those who are not familiar with the insurance claims handling process often settle too quickly without recovering the full value of the claim. Working with a skilled car accident attorney who can guide you through each step of the claim process can help you recover a larger settlement than you could have on your own.

What if the responsible party does not have insurance?

According to the Texas Department of Insurance, all drivers in Texas must carry at least $30,000 per person for injuries, up to $60,000 total per accident and $25,000 for property damage. . This is called 30/60/25 coverage, and drivers must carry at least that much coverage. Usually, the at-fault driver’s insurance company will cover your costs in the event of an accident.

What happens in the worst case scenario if you are involved in an accident and the at-fault driver does not have the required coverage or no coverage at all? What are your options? In this case, there are three main options:

  1. You can pay for the damage yourself. In this case, you will bear all financial losses. For minor accidents, this option may be the best course of action, but it can be an expensive option if you are injured and your property is severely damaged.
  2. If you believe you have first party insurance as well as liability coverage, you can file a claim through your insurance company and they will pay your expenses. This option is often the simplest, but can be frustrating as your insurance premiums are often set higher after a serious claim.
  3. Your third option is to pay for the damages yourself and sue the at-fault party. This can be a bit more complicated as it requires gathering more documents, police and medical records etc. Your attorney can help you discuss this process and advise if it is the best option.

Remember, if you are filing an insurance claim or lawsuit, you must file within two years of the accident, but it is recommended that you act as soon as possible.

Talk to an experienced Austin car accident attorney

The insurance claims process can be complex and confusing. If you have been injured in Austin, Texas and want to know how and when to file a claim with your insurance agency, it is beneficial to speak with a qualified attorney as soon as possible.

At TK Injury Attorneys, our team of attorneys is dedicated to representing our accident clients. To learn more about your options, contact us and get in touch online or call our office today for a free consultation.

Trent Kelly

Trent Kelly received his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice focuses primarily on personal injury, particularly involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death, but he also handles a variety of business litigation matters. comes out. Click here to review some of the complex cases Trent has handled.

Years of experience: +15 years
Address: Austin, TX

Leave a Comment