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Car accidents are an unfortunate reality of life, and it can be difficult to understand all the legal issues and responsibilities that come with them. This is especially true at the scene of an accident, when shock, stress, and injuries make it difficult to think and act clearly. To help, we address some of the most frequently asked questions that are best answered by a car accident attorney in San Antonio.
Asked Questions
1. What Are the First Things I Should Do After a Car Accident?
This is obviously easier said than done, but try not to panic and follow these steps after a car accident. The first priority is ensuring that no one involved in the accident is injured. If someone has been hurt, call 911 immediately to ensure they receive proper medical attention. Once that is addressed, call the police to report the accident.
If you can still drive your vehicle and it is blocking traffic, Texas law requires you to move it to a safer area. At this point, you can exchange insurance information with other drivers involved in the accident. It’s also a good idea to take photos of any vehicle damage and ask for contact information from any witnesses who saw the accident and may be needed in the claims process.
2. Who Pays My Medical Costs if I Was Injured?
The answer to this will depend on a few different factors. Generally speaking, your medical costs will be covered by your automobile insurance up to a certain limit, depending on your insurance plan. If your medical costs exceed the amount of coverage you have, it is likely that your personal medical insurance would then be used to cover the rest.
In cases where someone else is at fault for the accident that caused your injuries, the person at fault and/or his or her insurance company will be responsible for covering your medical expenses. If liability is in dispute, or in the event that you need immediate medical care while the outcome of a claim is pending, it is highly advisable to consult a San Antonio car accident attorney to advise you on how to proceed.
3. Who Pays for Damage to My Car?
Just as in many other states, drivers in Texas must have auto liability insurance to cover the cost of property damage or injuries that result from car accidents they cause. If you are in an accident that damages your car, the at-fault driver’s insurance company is responsible for covering the cost of repairs in most cases.
Liability is sometimes very easy to determine, although this is not always the case. If there is any dispute, be prepared for all insurance companies involved to employ investigators and other experts to try and avoid financial responsibility. If liability is in dispute for your case, it is highly advisable that you hire an experienced car accident attorney to represent your interests.
4. What if I Get in an Accident With a Company Driver?
You may be wondering who is liable if you get in a car accident with someone while they are working, for example, a delivery driver who was on duty when the accident occurred. If the other driver caused the accident, the company that employs him or her may be held responsible under the legal doctrine respondeat superior, although this isn’t necessarily always the case.
There are many variables that determine whether or not the company may be held liable for its driver causing the accident. These include things like if the driver was doing a personal errand or returning from lunch on personal time. It’s important to keep in mind that a company will likely perform its own investigation to determine liability, and this may cause delays.
5. Should I Accept a Financial Settlement?
If you were in a car accident where the other driver was at fault, you may be approached with a financial offer to settle the matter. This can even happen immediately after the accident, where the other driver offers you a cash payment in exchange for agreeing not to report the accident to insurance companies or the police.
The other driver’s insurance company may also offer you a settlement at some point. In either example, especially the first case, it is not advisable to accept a settlement without first speaking with a car accident attorney. In addition to legality, there are other reasons such as the fact that injuries may not initially present symptoms or may lead to related conditions that will require extra medical care in the future.
These are some of the most common questions that people ask attorneys about car accidents. If you were involved in an accident or simply want to be informed about the best way to proceed if and when it happens, it’s best to speak with a lawyer who has experience handling these cases.
