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What is the typical process for a car accident claim?

What is the typical process for a car accident claim
If you were injured in a motor vehicle collision you will need to begin researching the Texas auto accident claim process. If you’ve never filed an accident claim before, you may not know where to start. The best place to start is by contacting a car accident attorney to schedule a free legal consultation. A car accident lawyer will handle every aspect of your claim and can handle all interactions with the insurance company to prevent you from accidentally harming your claim. 

How Do I File An Insurance Claim After An Auto Accident?

Understanding the claims process for Texas auto accidents can help you navigate the complex process.

A typical insurance claim process includes the following steps:

Accident Investigation

The first part of the process is determining who was responsible for the collision. You cannot demand compensation from the negligent party’s insurance company if you’re not sure who was at fault. Your car accident lawyer can investigate the accident to determine liability.

Evidence Gathering

Next, you must gather evidence to prove the other driver was at fault. Evidence can include:

  • Photos of the accident scene, your injuries, and property damage
  • Video surveillance footage
  • Medical bills
  • Medical records
  • Phone records
  • Vehicle repair estimates
  • Police report

And more.

Filing Paperwork

To start the claims process you must file paperwork with the other driver’s insurance company.

Negotiate a Fair Settlement

Your car accident attorney will need to negotiate with the claims adjuster to help you recover the fair settlement you’re owed. If the insurance company refuses to offer the settlement you deserve, your attorney can file a personal injury lawsuit on your behalf. As they prepare your case for trial, they will continue to negotiate with the insurance company. In most cases, an insurance company will be more willing to make a fair settlement offer once a lawsuit has been filed.

How Long Do I Have to File a Claim?

You will have two years from the date of the accident to file a lawsuit and pursue compensation for all accident-related damages. If you fail to file a lawsuit within this timeframe, your case will be dismissed and you will be unable to recover the compensation you’re owed. When you work with a car accident lawyer, you can rest assured that your claim will be filed correctly and within the statute of limitations.

Do I Have to Hire a Car Accident Lawyer to File a Claim?

Under Texas law, you are not required to hire a car accident lawyer to handle your claim. However, doing so can significantly increase your chances of recovering the compensation you’re owed. Additionally, a car accident lawyer can handle every aspect of your claim, including:

  • Investigating the accident
  • Gathering and analyzing evidence
  • Filing paperwork
  • Consulting with experts
  • Handling all communication with the insurance company
  • Negotiating a fair settlement
  • Filing a lawsuit (if necessary)

While your car accident attorney handles every aspect of your claim, you can focus on recovering from your injuries and moving on with your life.


Ben Dominguez


Ben Dominguez, a seasoned attorney based in Houston, offers exceptional legal guidance and representation. With 27 years of experience, Ben has a strong track record of litigating high-profile cases, securing damages for clients, and achieving not-guilty verdicts in serious criminal charges. His expertise extends beyond the courtroom; he has spoken before Texas legislative committees, contributed to political campaigns, and engaged with national media. Located a block from the Museum of Fine Arts, his law firm embodies a commitment to justice, demonstrating a work ethic and personalized approach that are key to successful legal outcomes. Ben’s dedication to respect and understanding for all clients sets him apart in the legal field.  Learn More

Us Today!

If you were involved in an accident that was caused by the negligence of another person or entity, the personal injury lawyers at the Ben Dominguez Law Firm are here to help.

Let our legal team handle every aspect of your case, so you can focus on what matters most, your health and moving on with your life. Contact us today to learn more.