You are traveling on a multilane road when a driver from a side road suddenly pulls out in front of you. The driver ultimately sideswipes your vehicle, leaving you dazed.
You exit your vehicle in disbelief to discover that the other motorist was texting. The driver appears dazed and immobile at the wheel, but there are no visible injuries. The front bumper and side of the vehicle are damaged, and your car has a large depression in its side.
What should be your next step? A car accident attorney in Austin would like to discuss measures to take after an accident caused by the other driver.
At the Collision Site
If involved in an accident, you should perform the following actions at the scene:
- Move your vehicle to the side of the road, away from oncoming traffic.
- If you are unable to move your vehicle, set up flares or elevate your hood so that other drivers can see you.
- Exchanges names, addresses, phone numbers, vehicle identification numbers, license plate numbers, and insurance information with other drivers; • checks for injuries and tends to anyone who is injured;
- Record the location of the collision and obtain the names, addresses, and telephone numbers of any witnesses.
- Call 911 if anyone is injured.
- Contact an Austin auto accident attorney.
When to Dial 9-1-1
According to Section 550.041 of the Texas Transportation Code, you must notify the police if the accident results in serious injuries, fatalities, or property damage of at least $1,000.
Other situations in which to contact the police:
- If one of the vehicles is immobile
- If you suspect one of the drivers is intoxicated
- If one of the drivers is uninsured
- If one of the drivers flees the scene of the accident (hit-and-run);
Upon arrival, a police officer will assess the situation. The officer may request assistance for traffic control or medical care.
Texas law mandates that all motorists carry automobile insurance. Driving without insurance is punishable by a fine of $350. If you have been discovered driving without insurance in the past, your fine will increase.
Claims by a Third Party
Texas mandates that drivers who are not at fault in an accident submit a third-party claim with the at-fault driver’s insurance company. You are filing the claim as a third party because you are submitting it to the insurance company of the other motorist, with whom you do not have coverage.
What If the Other Driver Lacks Sufficient Coverage?
In Texas, over 244,000 individuals were injured in motor vehicle accidents in 2022. Frequently, the minimum coverage is insufficient to cover the medical expenses and vehicle repairs of another driver.
Drivers are encouraged to purchase higher levels of auto insurance coverage in the event of a severe collision. Not every driver chooses to do so.
If you are hit by an uninsured or underinsured driver, you have several options:
Coverage for Uninsured and Underinsured Motorists (UM/UIM)
If the other motorist lacks insurance coverage or has inadequate coverage, you can file a claim with your own insurer. In addition, UM/UIM will compensate you if you are the victim of a hit-and-run accident in which the other motorist cannot be located.
Insurance companies are required to offer this coverage. If you do not want the coverage, you may decline it in writing. Medical Payments Coverage (Med Pay) or Personal Injury Protection (PIP) can pay for you or your passenger’s medical expenses in the event of an auto accident, regardless of who was at fault.
It will cover any medical expenses related to a car accident, even if you were a pedestrian or a passenger in another vehicle.
Suing the Responsible Driver
Nobody enjoys spending time in court. However, if your claim cannot be settled through insurance, you may need to contemplate suing the other driver.
Litigation is notoriously costly and time-consuming. If you have suffered severe injuries or your vehicle has sustained extensive damage, you may need to consider this option. This may be your only chance to recover the amount of damages to which you are entitled.
Representation from an Austin Car Accident Attorney
A car accident can make your world spiral out of control. Even after leaving the accident scene, you may be burdened by looming medical expenses and a claims adjuster’s persistent inquiries. Before communicating with the insurance company, please consult with us.
Our car accident lawyer in Austin is prepared to assist you and defend your legal rights. Contact us immediately to arrange a free consultation.