San Antonio Car Accident Lawyer
Seeking a Free Consultation with one of Texas’ San Antonio Car Accident Lawyers? Call the San Antonio Car Accident Lawyer Reshard Alexander today at 210.504.6454.
San Antonio Car Accident Lawyer Reshard Alexander helps the victims of Houston car accidents receive full and fair compensation.
A traffic collision also called a motor vehicle collision (MVC) among other terms, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree, pole or building. Traffic collisions often result in injury, death, and property damage.
A number of factors contribute to the risk of collisions, including vehicle design, speed of operation, road design, road environment, and driving skills, impairment due to alcohol or drugs, and behavior, notably distracted driving, speeding and street racing. Worldwide, motor vehicle collisions lead to death and disability as well as financial costs to both society and the individuals involved.
In 2013, 54 million people worldwide sustained injuries from traffic collisions. This resulted in 1.4 million deaths in 2013, up from 1.1 million deaths in 1990. About 68,000 of these occurred in children less than five years old. Almost all high-income countries have decreasing death rates, while the majority of low-income countries have increasing death rates due to traffic collisions. Middle-income countries have the highest rate with 20 deaths per 100,000 inhabitants, accounting for 80% of all road fatalities with 52% of all vehicles. While the death rate in Africa is the highest (24.1 per 100,000 inhabitants), the lowest rate is to be found in Europe (10.3 per 100,000 inhabitants).
Seeking a Free Consultation with one of Texas’ San Antonio Car Accident Lawyers? Call the San Antonio Car Accident Lawyer Reshard Alexander today at 210.504.6454.
However, serious car accidents require the help of an experienced San Antonio Car Accident Lawyer. Serious accidents lead to serious injuries that often result in costly and extensive medical care. It may take time for you to recover from a car accident and this may mean missing work, resulting in lost income. It can also result in lost earning potential and long-term medical treatment, creating a difficult financial burden for you and your family to bear.
Attorney Reshard Alexander focuses on helping people who were injured in personal injury car accidents in the San Antonio, TX area. Attorney Reshard Alexander has more than eight years of legal experience in handling car accident cases. The firm is built on that experience, understands how to approach difficult cases.
Seeking a Free Consultation with one of Texas’ San Antonio Car Accident Lawyers? Call the San Antonio Car Accident Lawyer Reshard Alexander today at 210.504.6454.
Determining Fault in a San Antonio Car Accident – San Antonio Car Accident Lawyer
In the United States, individuals involved in motor vehicle collisions may be held financially liable for the consequences of a collision, including property damage, and injuries to passengers and drivers. Where another driver’s vehicle is damaged as the result of an accident, some states allow the owner of the vehicle to recover both the cost of repair for the diminished value of the vehicle from the at-fault driver. Because the financial liability that results from causing an accident is so high, most U.S. states require drivers to carry liability insurance to cover these potential costs. In the event of serious injuries or fatalities, it is possible for injured persons to seek compensation in excess of the at-fault driver’s insurance coverage.
In some cases, involving a defect in the design or manufacture of motor vehicles, such as where defective design results in SUV rollovers or sudden unintended acceleration, accidents caused by defective tires, or where injuries are caused or worsened as a result of defective airbags, it is possible that the manufacturer will face a class action lawsuit.
Trying to determine who is at fault in a car accident is a matter of deciding who the negligent driver is. Determining this can be a complicated process. To increase the chances of a positive outcome, our firm prepares every case as if it will go to trial: investigating the car accident, interviewing witnesses and gathering evidence to prove the other driver was at fault. We are fully prepared to handle the most complicated cases.
A negligent driver is one that behaves in a thoughtless or careless manner, causing harm or injury to another person. Examples of personal injury negligent driving include:
- Texting while driving
- Distracted while driving
- Driving while intoxicated
- Drugged driving
San Antonio attorney Reshard Alexander has the resources and experience to recreate the accident and show how the negligent driver led to the seriousness of your injuries.
Types of Auto Wreck Injuries – San Antonio Car Accident Lawyer – Personal Injury Law
Each car accident is unique, resulting in a wide range of injuries. Serious injuries may require extensive and costly medical care, often taking weeks, months, or even years to recover. Some injuries are catastrophic and the victim may never fully recover. Depending on the type of injury, and severity will determine what sort of financial compensation you need.
Some of the more common types of car accident injuries include:
No matter what type of car accident you were involved in, you should seek medical attention in order to determine the extent of the damage done to your body. We can help you get in touch with the right doctors as well as begin building your case for recovery immediately.
Motor vehicles have become our main mode of transportation. While safety standards have evolved over the years, car accidents can still be very dangerous. Even the best of drivers get into road accidents simply due to the fact that one cannot control the actions of other drivers. In this day in age, it is common for people to be talking on the phone while driving despite how distracting it can be. Although illegal, operating a motor vehicle while texting or under the influence of drugs or alcohol is a common occurrence. According to the NHTSA (National Highway Traffic Safety Administration), car accidents are a leading cause of death or disabilities in the United States.
Global Car Accident Statistics
In 2004 50 million more were injured in motor vehicle collisions. In 2013, between 1.25 million and 1.4 million people were killed in traffic collisions, up from 1.1 million deaths in 1990. That number represents about 2.5% of all deaths. . Approximately 50 million additional people were injured in traffic collisions, a number unchanged from 2004.
India recorded 105,000 traffic deaths in a year, followed by China with over 96,000 deaths. This makes motor vehicle collisions the leading cause of injury and death among children worldwide 10–19 years old (260,000 children die a year, 10 million are injured) and the sixth leading preventable cause of death in the United States (45,800 people died and 2.4 million were injured in 2005). In the state of Texas alone, there were a total of 415,892 traffic collisions, including 3,005 fatal crashes in 2012. In Canada, they are the cause of 48% of severe injuries.
Car Accident Crash Rates
The safety performance of roadways is almost always reported as a rate. That is, some measure of harm (deaths, injuries, or number of crashes) divided by some measure of exposure to the risk of this harm. Rates are used so the safety performance of different locations can be compared, and to prioritize safety improvements.
Common rates related to road traffic fatalities include the number of deaths per capita, per registered vehicle, per licensed driver, or per vehicle mile or kilometer traveled. Simple counts are almost never used. The annual count of fatalities is a rate, namely, the number of fatalities per year.
There is no one rate that is superior to others in any general sense. The rate to be selected depends on the question being asked – and often also on what data are available. What is important is to specify exactly what rate is measured and how it relates to the problem being addressed. Some agencies concentrate on crashes per total vehicle distance traveled. Others combine rates. The U.S. state of Iowa, for example, selects high collision locations based on a combination of crashes per million miles traveled, crashes per mile per year, and value loss (crash severity).
Human Factors That Contribute to Car Accidents
Human factors in vehicle collisions include anything related to drivers and other road users that may contribute to a collision. Examples include driver behavior, visual and auditory acuity, decision-making ability, and reaction speed.
Drivers distracted by mobile devices had nearly four times greater risk of crashing their cars than those who were not. Dialing a phone is the most dangerous distraction, increasing a drivers’ chance of crashing by 12 times, followed by reading or writing, which increased the risk by 10 times.
An RAC survey of British drivers found 78% of drivers thought they were highly skilled at driving, and most thought they were better than other drivers, a result suggesting overconfidence in their abilities. Nearly all drivers who had been in a crash did not believe themselves to be at fault. One survey of drivers reported that they thought the key elements of good driving were:
- controlling a car including a good awareness of the car’s size and capabilities
- reading and reacting to road conditions, weather, road signs and the environment
- alertness, reading and anticipating the behavior of other drivers.
The U.S. Department of Transportation’s Federal Highway Administration review research on traffic speed in 1998. The summary says:
- The evidence shows the risk of having a crash is increased both for vehicles traveling slower than the average speed, and for those traveling above the average speed.
- The risk of being injured increases exponentially with speeds much faster than the median speed.
- The severity/ lethality of a crash depends on the vehicle speed change at impact.
- There is limited evidence suggesting lower speed limits result in lower speeds on a system-wide basis.
- Most crashes related to speed involve speed too fast for the conditions.
Houston Car Accident Deaths
The definition of a road-traffic fatality varies from country to country. In the United States, the definition used in the Fatality Analysis Reporting System (FARS) run by the National Highway Traffic Safety Administration (NHTSA) is a person who dies within 30 days of a crash on a US public road involving a vehicle with an engine, the death being the result of the crash. In the U.S., therefore, if a driver has a non-fatal heart attack that leads to a road-traffic crash that causes death, that is a road-traffic fatality. However, if the heart attack causes death prior to the crash, then that is not a road-traffic fatality.
The definition of a road-traffic fatality can change with time in the same country. For example, fatality was defined in France as a person who dies in the six days (pre-2005) after the collision and was subsequently changed to the 30 days (post-2005) after the collision.
San Antonio Car Accident Lawyer Reshard Alexander helps victims get the compensation they deserve. Attorney Reshard Alexander has the knowledge and experience needed to ensure that you get the best possible representation for your case. Unlike other forms, our clients get the time and attention they deserve.
Call 210.504.6454 now to set up a free consultation.
Texas is a “Fault” Insurance State – San Antonio Car Accident Lawyer
Texas uses a “fault” system when it comes to automobile insurance. In the words of the Texas Department of Insurance, a “fault” system is one that requires drivers to “pay for incidents they cause.” After an accident occurs, a driver, passenger, or pedestrian who suffered an injury in the crash may decide to file a claim with his or her own automobile insurance first, in what’s known as a “first-party” claim. The injured person may also decide to seek compensation from the other driver’s insurer, by filing what’s known as a “third-party” claim. (The “second-party” is always the insurance company.) Finally, an injured person may also choose to go to court and file a lawsuit in order to prove fault and seek money damages for injuries, property damage, pain and suffering, and other losses related to the accident.
(By contrast, “no-fault” states usually require the insurer to pay, regardless of who caused the accident. An injured person must meet certain threshold requirements in order to step outside the no-fault system.)
If you have been the unfortunate victim of a car accident in San Antonio, you already know all too well how life changes in the blink of an eye. However, the most crippling effect of car accidents is its ability to leave you unable to work for weeks, months, and sometimes even your entire lifetime, depending on the severity of the accident.
San Antonio car accident lawyer Reshard Alexander has a proven track record of producing outstanding results. While every case is unique, you can trust that we will fight to get the best possible outcome for your case.
Reporting A San Antonio Car Accident To The Police – Texas Personal Injury Law
Texas law requires motorists to submit a Crash Report, Type CR-2 within ten days once the accident isn’t investigated by a police officer and it leads to harm, death, or property damage greater than $1,000 (Sec. 601.004). As soon as you’ve ascertained everyone is secure, you must exchange personal, automobile, and insurance information with the other drivers, and also receive the names and contact information for any witnesses (Sec. 550.023).
Additionally, make note of road and weather conditions, and take photos of these vehicles. Finally, never assume responsibility for the injury now. Even in the event that you are feeling accountable, the facts may show that you weren’t really to blame.
Texas is a “fault” auto insurance policy state, so you can file an insurance claim or litigation against the at-fault motorist. So every motorist can be held responsible for any damages and accidents that he or she triggers in an auto accident (Sec. 601.051). Many Men and Women pay this by buying liability insurance with the following minimum limits (although a motorist can be prosecuted for expenditures beyond those minimums covered by insurance) (Sec. 1952.0515, Sec. 601.072):
Furthermore, even though insurance companies need to offer it, motorists might decline to buy uninsured or underinsured driver coverage for a component of the insurance coverage (Sec. 1952.101).
When you’re home safe after a crash, you ought to file a claim with your insurance provider when you can, however, you can check your policy to determine what the specific deadline is. Furthermore, do not wait to visit a physician, but do hold off automobile repairs when possible — your insurance carrier might want to inspect the harm or have you visit a licensed repair shop.
The insurance provider should accept or reject the claim within 15 days of receiving from one of the essential items for producing decision (Sec. 542.056). Should they refuse the promise, they need to explain why; and should they take any area of the claim, they need to pay you in five business days (Sec. 542.056, 542.057).
Personal Injury Law – Understanding Houston Car Accident Settlements
Like many types of settlements, the openness to repay as well as the sum offered after an automobile crash depends greatly on the evidence behind your case. Settlement talks may continue even when a suit is underway.
By law, insurers may not engage in unfair claim settlement practice, like knowingly misrepresenting pertinent facts or policy provisions, or bargaining in bad faith (Sec. 542.003).
To settle on a claim, the insurance provider might want you to sign a release which claims you won’t record more claims linked to the identical accident. But you shouldn’t do this until you are satisfied that the entire settlement amount insures your damages, such as future medical care as anticipated by your health care provider.
The Expected Personal Injury Settlement in Texas
There’s no specific formula for arriving in an automobile incident settlement amount since every injury is exceptional, but you will find important factors to think about, like the following:
- The harshness of your injuries: slight whiplash will probably be significantly less compared to a permanent spinal injury
- Prices of reasonable and necessary medical expenses reduction of past and future salary
- If you helped trigger the injury: Texas follows the “modified comparative negligence” philosophy where damages are barred or decreased based on your level of fault (Sec. 33.001 et seq.)
- The Kinds of insurance policy both parties possess
- The Quantity of documentation and evidence you supply
- Your attorney’s ability to assert your case
- In the event that you and the insurance carrier can’t agree upon the promise, you might need to file a lawsuit to pursue damages.
Contact and Hire a San Antonio Car Accident Lawyer – Personal Injury Attorney
If you or a loved one were seriously injured in a Houston car accident, you can call our office at (713) 766-3322. We offer a free initial consultation with a lawyer in all personal injury cases, and you never pay attorney fees unless we recover compensation for you.
Frequently Asked Car Accident Information
Texas law requires people who drive in Texas to pay for the accidents they cause. Most drivers do this by buying auto liability insurance. Liability insurance pays to repair or replace the other driver’s car and pays other people’s medical expenses when you’re at fault in an accident.
If you buy insurance to meet the state’s financial responsibility law, you must buy at least the minimum amount. The current minimum liability limits are $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage per accident. This basic coverage is called 30/60/25 coverage.
Because of car prices and the high cost of medical care, the minimum amounts might not be enough to pay all of the other driver’s costs if you’re at fault in an accident. Other drivers could sue you to collect the difference. Consider buying more than the minimum limits to protect yourself financially.
Liability insurance doesn’t pay to repair or replace your car or to treat your injuries. Other types of coverages – such as personal injury protection, uninsured or underinsured motorist, medical payments, collision, and comprehensive – can help you pay for these expenses.
Proof of Financial Responsibility – San Antonio Car Accident Lawyer
When you buy an auto policy, your insurance company will send you a proof-of-insurance card. You must show the card when you:
- are asked for it by a police officer,
- have an accident,
- register your car or renew its registration,
- get or renew your driver’s license, and
- have your car inspected
Know Your Rights – San Antonio Personal Injury Attorney
Texas has a Consumer Bill of Rights for auto insurance. Your insurance company must send you a copy with your policy. Read it to understand your rights under Texas law.
Auto Insurance Coverages – San Antonio Car Accident Lawyer
Depending on the types of coverage you have, auto insurance pays for car repair or replacement, medical expenses, rental cars, towing, court costs, and other expenses.
Read your policy carefully because coverages vary. Pay special attention to who and what is covered by your policy. Also note the exclusions, which are the things your policy doesn’t cover. The following are some common exclusions:
- Named driver. Some policies cover only household residents specifically named on the policy.
- Excluded driver. Excludes coverage for people specifically named in an endorsement to your policy.
- Racing. Excludes coverage if you use your car in a racing event.
- Ride-booking. Most policies exclude coverage when you’re using your car for a ride-booking service like Uber or Lyft. Some insurance companies offer policies specifically for drivers for ride-booking companies.
- Intentional acts. Excludes coverage for losses that were intentional.
The front page of your policy – called the declarations, or dec, page – shows the exact name of your insurance company, your policy number, and the amount of your coverages and deductible.
Note: The deductible is the amount you must pay before your insurance company will pay. For example, if you have a claim for $1,000 and a deductible of $300, the insurance company will automatically deduct $300 from the amount it pays you.
Many insurance companies use the Texas Personal Automobile Policy, a standardized policy form that offers eight types of coverages. Companies may sell other policies that the Texas Department of Insurance (TDI) has approved. Some of these policies have more limited coverage. The following summary can help you understand the eight basic auto coverages (please note that your coverages may be different, depending on the type of policy you buy).
1. Liability Coverage (basic liability coverage meets the state’s financial responsibility requirement.)
What it pays: The following expenses, up to your policy’s dollar limits, for the people in the other car involved in an accident that you or someone covered by your policy caused:
- medical and funeral costs, lost wages, and compensation for pain and suffering;
- car repair or replacement costs; and
- car rental for the other driver while their car is being repaired.
Liability insurance also pays your defense costs, including attorney fees if someone sues you because of the accident. If you are arrested following an accident, liability insurance will pay up to $250 for bail.
Who it covers:
- You and your family members. (Family members include anyone living in your home related to you by blood, marriage, or adoption. This includes your spouse, children, in-laws, adopted children, and foster children.)
- Other people driving your car with your permission.
- Family members attending school away from home.
- Spouses living elsewhere during a separation.
You and your family members might be covered when driving someone else’s car – including a rental car – but not a car that you don’t own but have regular access to, such as a company car. Some policies provide only liability coverage when you drive a car you don’t own. Physical damage coverage for damage to the unowned vehicle might not transfer. Ask your agent before renting a car or driving a car you don’t own or lease.
Some policies – called named driver policies – won’t cover people who live with you, including family members, unless they’re specifically named in the policy. For these policies, the declarations page must list the names of the people the policy covers.
2. Collision Coverage (for damage to your car)
If you still owe money on your car, your lender will require you to have collision coverage.
What it pays: If the insurance company decides your car can be fixed, it will pay you the cost of repairs. If the company totals your car, it will pay you the actual cash value of your car. Actual cash value is the current value of your car, minus depreciation. Whether the company decides to repair your car or total it, you’ll get only up to the dollar limits of your policy. Your policy’s dollar limits are shown on the declarations page of your policy.
Who it covers: You, your family members, and anyone else insured under your policy.
3. Comprehensive Coverage (other than collision)
If you still owe money on your car, your lender will require you to have comprehensive coverage.
What it pays: The cost of replacing or repairing your car if it’s stolen or damaged by fire, vandalism, hail, falling objects, or an event other than a collision. Comprehensive coverage might pay for a rental car. Your policy won’t pay to replace a stolen car unless you report the theft to the police.
Payment is limited to your car’s actual cash value, minus your deductible.
4. Medical Payments Coverage
What it pays: Medical and funeral bills resulting from an accident.
Who it covers: You, your family members, passengers in your car, and other injured people, including bicyclists and pedestrians, regardless of who caused the accident.
5. Personal Injury Protection (PIP) Coverage
What it pays: Similar to medical payments coverage, plus 80 percent of lost income and the cost of hiring a caregiver for an injured person.
Who it covers: You, your family members, and passengers in your car, and other injured people, regardless of who caused the accident.
Your insurance company will automatically give you PIP coverage, but you may reject it in writing if you don’t want it. The company must offer you $2,500 in PIP coverage, but you can buy more from most companies.
6. Uninsured/Underinsured Motorist (UM/UIM) Coverage
What it pays: Your expenses from an accident caused by an uninsured motorist, a motorist who did not have enough insurance or a hit-and-run driver. Also pays for personal property that was damaged in your car.
There is a mandatory $250 deductible for property damage. This means you must pay the first $250 of the expenses yourself before the insurance company will pay.
There are two types of UM/UIM coverage:
Bodily injury UM/UIM pays for medical bills, lost wages, pain and suffering, disfigurement, and permanent or partial disability. There is not a deductible with this type.
Property damage UM/UIM pays for auto repairs, a rental car, and damage to items in your car.
Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.
Insurance companies must offer UM/UIM coverage. If you don’t want it, you must reject it in writing.
7. Towing and Labor Coverage
What it pays: Towing charges when your car can’t be driven. Also pays labor charges, such as changing a flat tire or jump-starting your battery.
8. Rental Reimbursement Coverage
What it pays: A set daily amount for a rental car if your car is stolen or being repaired. Your company only pays for rental reimbursement if your car was damaged by something that your policy covers, such as fire or theft.
You can buy other coverages to add or expand coverage.
Your policy might not pay to replace CDs, MP3 players, cell phones, or stereo equipment not installed in your car.
New or Additional Cars
If you buy another car, your policy will automatically cover it with limitations.
Insurance companies must give additional cars the same amount of coverage as your car with the most coverage. For example, if you have two cars – one with liability coverage only and one with liability, collision, and comprehensive coverages – and you buy a third car, the third car will automatically have liability, collision, and comprehensive coverages.
Insurance companies must give replacement cars the same coverage as the car it replaced. For example, if you trade in an older car that had only liability coverage, the new car will automatically have only liability coverage.
Be sure to tell your insurance company within 20 days if you buy a new car. You could lose coverage on an additional or replacement car if you wait longer than 20 days to tell your insurance company.
Rental Cars – San Antonio Car Accident Lawyer
Rental car agencies offer collision damage waivers and liability policies. The collision damage waiver isn’t insurance. It’s an agreement that the rental company won’t, with some exceptions, make you pay for any damage to a car you rent.
If you have auto insurance, your policy might already cover damage to a rental car, but the coverage might be less than the value of a rental car. Read your policy to know what’s covered and the coverage limits. If your coverage limit is too low, consider increasing it. You’ll pay more in premium, but it might be cheaper than buying additional coverage through the rental agency, especially if you rent cars often. If you aren’t sure if your policy covers damage to a rental car, ask your agent before you rent the car.
If you don’t own a car, but borrow a car often, you can buy a non-owner liability policy. A non-owner policy pays for damages and injuries you cause to others when driving a borrowed car, but it doesn’t pay for your injuries or damage to the car you’re driving. Some policies provide only liability coverage on a rental car.
Driving in Other States, Canada, and Mexico – San Antonio Car Accident Lawyer
Your insurance should cover you if you drive anywhere in the United States and Canada. Your policy won’t cover you in Mexico because Mexico doesn’t recognize U.S. auto liability policies.
Mexican authorities may hold drivers criminally and financially responsible for any auto accidents they cause. If you’re in an accident that results in an injury, the police may keep you until they decide who is at fault. You will be asked to show that you have insurance the Mexican government will accept or prove that you can pay any judgment against you.
Some U.S. insurance companies provide a free endorsement for your policy that covers occasional trips of up to 10 days and up to 25 miles into Mexico. You can buy coverage for longer stays, but it usually only covers you within 25 miles of the border. These endorsements might not meet Mexican legal requirements.
Some companies sell a Mexico tourist endorsement to attach to your Texas policy. This endorsement extends your liability coverage to pay costs exceeding a Mexican liability policy’s limits. It covers trips of any distance and any length of time. Ask your agent which endorsements your insurance company offers.
You may also buy Mexican liability insurance from authorized Texas agents. Check your phone book for listings of insurance agents who specialize in auto insurance for travel in Mexico. Your local agent might be able to help you find coverage with a Texas-licensed Mexican insurance company.
Auto Insurance for Young Drivers – San Antonio Car Accident Lawyer
Parents usually can add their children to their auto policy to meet the state’s financial responsibility requirements. Adding a young driver to your policy can be expensive, but it’s cheaper than buying a separate policy.
Some policies require all covered household drivers to be named on the policy. Call your insurance company to tell them about new drivers as soon as they turn 16. If you don’t have all of the drivers in your family listed on your policy and the company learns about them later, the company may bill you for the extra premium you should have paid, deny a claim, or refuse to renew your policy.
Generally, if a teenager is the main driver of a car, the company will base the teen’s rate on that car. Otherwise, the company will base the teenager’s rate on the car in the family (usually the most expensive) with the highest rate.
Children Away at School or Not Living with You – San Antonio Car Accident Lawyer
You might want to take your children off your policy when they move out. You’ll have to prove to the insurance company that your child has moved. You can use documents like a driver’s license, lease agreement, or utility receipts to show that your child has a different address.
It’s not a good idea to remove children from your policy if they’re living in another city to attend school. Many insurance companies will require you to keep students on your policy, even if you’d like to remove them.
If you have children living in another city and going to school, tell your insurance company. Companies base rates on where a car is usually located, and it might need to adjust your premium. If the school is in another state, check on the financial responsibility laws in that state to make sure you have the right coverages.
If your child is away at school without a car, you might be eligible for a premium discount. Ask your agent if the company offers a discount.
What to Do After a Houston Car Accident – Assessing your Personal Injury Claim
At the accident scene:
- If possible, move your car so you’re not blocking traffic.
- Call the police if someone is injured or killed, you can’t move your car, or there was a hit-and-run driver. Your uninsured motorist coverage only pays for a hit-and-run accident if you report it to police.
- Get the other driver’s: name, address, telephone number, license plate number, driver’s license number;
- the insurance company (be sure and get the exact and complete name of the company, not the insurance agent), and
- insurance policy number.
- Give the other driver the same information about you.
- Get the names, addresses, and telephone numbers of any witnesses to the accident.
- If the other driver refuses to tell you the name of their insurance company, get a copy of the police accident report. The accident report may list the other driver’s name and the insurance company.
- Call San Antonio Car Accident Lawyer Reshard Alexander
At home after the accident – Dealing With The Insurance Company
Contact your insurance company as soon as possible. Your company probably has a 1-800 number to report claims. If not, call your agent. The agent or company will explain the claims process, including how to schedule an adjuster and get repair estimates. Also, give your agent or company the names and addresses of any witnesses and anyone injured.
- If you reported your claim by phone, follow up with the company in writing as soon as possible. This helps protect your rights under Texas’ prompt payment of claims laws.
- Send the company copies of the accident report and any legal papers you receive about the wreck to San Antonio car accident lawyer Reshard Alexander
- Filing an Automobile Insurance Claim – San Antonio Car Accident Lawyer
- Texas law sets deadlines for insurance companies to act after you file a claim. Companies must:
- respond within 15 days after it receives your claim in writing. It will probably ask you to document your loss;
- accept or reject your claim within 15 business days after you submit any documents it asked for, and
- send your check or bank draft within five business days after it agrees to pay your claim.
- A company that can’t meet these deadlines must send you a notice explaining why. The company then has 45 days to either approve or reject your claim.
If the insurance company rejects your claim, it must explain the rejection in writing. If the company says your policy doesn’t cover the loss, ask to see the policy language that they used to make the decision. A court will usually order the company to pay if the language is unclear and the policy could reasonably be read in your favor.
Note: The prompt payment law doesn’t apply if another driver’s insurance company is paying the claim. However, the company is still required to act in good faith and to make a prompt and fair settlement.
Auto Accidents Caused by Other Drivers – San Antonio Car Accident Lawyer
- If you were in an accident caused by another driver, the other driver’s insurance company should pay the following costs, up to the policy’s limits:
- repair or replacement of your car,
- car rental while your car is being repaired,
- your medical and hospital bills, wages lost because of an injury, and
- compensation for pain and suffering if anyone is hurt.
If the other driver’s insurance won’t cover all your medical bills, file a claim for the difference with your auto insurance company or your health insurance company. Your auto insurance company will use either your PIP coverage or (for amounts greater than that) your UM/UIM coverage.
If the other driver’s policy won’t cover all of your car repairs, file a claim with your auto insurance company. You may use either your collision, UM/UIM coverage, or both to pay the difference (minus your deductible) between the damage to your car and what the other driver’s policy will pay.
Settling the Automobile Insurance Claim – San Antonio Car Accident Lawyer
The other driver’s insurance company may ask you to sign a release to settle your claim that says you won’t file additional claims related to the same accident. Get a letter from your doctor estimating the cost and length of your future medical treatment to decide if your settlement is fair. Don’t sign a release until you’re satisfied with the total settlement.
Texas law prohibits insurance companies from delaying payment of a claim to pressure you to sign a release. If you think an insurance company is delaying payment to pressure you, file a complaint with TDI.
If the other driver denies fault, their insurance company might refuse to pay your claim. Independent witnesses could make a difference in getting the company to pay. It’s important to get names, addresses, and telephone numbers of any witnesses to the accident. Make sure the insurance company knows about the witnesses. If the company continues to refuse to pay the claim, you can file a claim against your own insurance if you have UM/UIM or collision coverage, or you might have to sue the other driver.
Ask your agent how a claim might affect your rates. A company can’t refuse to renew your policy solely because you had one accident in a 12-month period that was not your fault. However, if the accident affected your driving record, your company may consider it in determining your rates, whether you filed a claim for the accident or not.
Getting Your Car Repaired After A Serious Wreck – San Antonio Car Accident Lawyer
Your insurance company will either have an adjuster inspect your car and give you a repair estimate, or it will ask you to get estimates from mechanics and auto body shops.
Insurance companies will pay for repairs or replacement only up to the car’s actual cash value. Actual cash value is the current cost to replace your car, minus depreciation.
Some companies might give you a list of “preferred” repair shops, but they can’t require you to use a particular repair shop. Your company only has to pay for parts of like kind and quality to those that were damaged.
Disputing an Auto Property Damage Settlement – San Antonio Car Accident Lawyer
If you and your insurance company can’t agree on the amount of your settlement, you can demand an appraisal. Appraisal allows you and the company to hire separate damage appraisers. The two appraisers choose a third appraiser to act as an umpire. The appraisers review your claim, and the umpire rules on any disagreements. The appraisal decision is binding on the amount of the damage. If there is a dispute about what is covered, you can pursue a settlement of the coverage issue after the appraisal. You must pay for your appraiser and half of the umpire’s costs.
An appraisal is available only in disputes between you and your insurance company. It’s not available in disputes with another driver’s insurance company.
Totaling A Car After A Car Wreck – San Antonio Car Accident Lawyer
If the repair estimates are more than your car is worth, the insurance company will likely total your car and pay you its actual cash value rather than pay to fix it. Insurance companies use various sources to determine the value of your car. If the company totals your car, ask the company what source it used to determine your car’s value.
The company might not have considered your car’s condition, special features, or value on the local market when it calculated its settlement offer. Be prepared to negotiate with the company to get what you think is a fair deal. A company might raise its offer if you can show that your car would sell for a higher price in your area. Get written price quotes for a similar car from several used car dealers, or look in the classified section of your local newspaper for used car prices.
If you’d prefer to have your vehicle repaired instead of totaled, you can keep your car if you are willing to subtract its salvage value from the insurance settlement. Make sure the cost to repair the car will not exceed the car’s actual cash value. To find out the salvage value, contact local salvage yards for estimates.
Getting a Rental Car After An Auto Accident Crash – San Antonio Car Accident Lawyer
The other driver’s insurance company might pay for you to get a rental car if the other driver caused the accident. If the other driver’s company pays for a rental, it will do so only for the amount of time it considers reasonable to repair your car. If the company totals your car, it will probably pay only for the amount of time it takes to determine that your car is a total loss.
Your insurance company will pay for a rental car if:
- you have UM/UIM coverage and the other driver caused the accident and was uninsured,
- you have UM/UIM coverage and the accident was a hit-and-run,
- you have rental reimbursement coverage and were in an accident, or
- you have rental reimbursement coverage and your car is stolen.
Your insurance company will pay for a rental car only for the amount of time it considers reasonable to repair or replace your car. It will pay a set daily amount up to your policy’s dollar limits.
An insurance company will typically pay for an economy or smaller-sized rental car. If you want a bigger rental car, you might have to pay for the upgrade yourself. Some companies might pay for a rental car comparable to your damaged or stolen car if you need it for work or have another legitimate need.
Attorney Reshard Alexander – Big Rig Bull focuses almost exclusively on representing clients who have suffered injuries as a result of a car accident. Helping those who have been injured as a result of an auto accident is not just what we do for a living, it is our passion. Unfortunately, automobile accidents are common, and often result in injuries. Car accident injuries vary in severity from relatively minor to catastrophic—such as car accident brain injury and spinal cord injury—to even death. We represent all victims of auto negligence with commitment and passion regardless of the severity of the personal injuries. Anyone who suffers injuries as a result of somebody else’s negligence deserves just compensation.
In addition to your Personal Injury Protection benefits, you are entitled to monetary compensation from the insurance of the person who caused the accident. An experienced car accident injury lawyer will fight with the negligent driver’s insurance company to obtain money for you, to compensate you for pain and suffering.
TALK TO THE SAN ANTONIO CAR CRASH LAWYER RESHARD ALEXANDER, NOT AN INSURANCE AGENT.
Attorney Reshard Alexander – Big Rig Bull is the San Antonio car accident lawyer you want to handle your insurance claim. Attorney Alexander represents auto accident cases in Houston, Texas and all of Texas. I handle auto accident insurance claims every day and have the experience and skills to obtain maximum recovery for your claim, even if we have to go to trial. After a car accident, don’t talk to any insurance agent; call Attorney Reshard Alexander first! When you hire my law firm, we will help you handle the following matters for you depending on the specifics of your case:
- Insurance claim for personal injury protection benefits (to pay your medical bills and lost wages)
- Property damage insurance claims (to fix your vehicle)
- Car accident bodily injury liability claim (to pay your medical bills, lost wages, and compensate you for your pain and suffering)
- Uninsured motorist insurance claim in case the negligent driver does not have insurance or has insufficient insurance coverage (to pay your medical bills, lost wages, and compensate you for your pain and suffering)
- Litigation of the case in court, including trial, if the insurance company refuses to pay you just compensation.
We take the pain, worry, and inconvenience of having to deal with an auto insurance claim away from you.
Do you live in San Antonio? Attorney Reshard Alexander is a San Antonio auto accident lawyer with the experience and passion to help you with your car crash case. I take car accident cases in San Antonio, Texas and all of Texas.
Contact me online or by phone at 210.504.6454! THE CONSULTATION IS ALWAYS FREE.
It is best to consult an experienced San Antonio car accident lawyer to get help in seeking the claim. Call San Antonio car accident lawyer Reshard Alexander at (210) 504.6454 to request a free case evaluation.
If you or a loved one have been involved in a car accident, contact San Antonio car accident lawyer Reshard Alexander to successfully pursue your San Antonio personal injury case.
An estimated 6 million Americans are involved in car accidents every year. Of these, 3 million are injured and 2 million experience permanent injuries. It is also estimated that 90 people die each day due to auto accidents.
There are a number of factors that cause such accidents. However, a majority of them are due to alcohol, speeding, and distracted driving.
Causes of San Antonio Car Accidents
Drunk driving is the cause of numerous car and truck accidents on Texas highways. In fact, approximately 40% of all driving fatalities are caused by drunk driving.
Another cause of car accidents is speeding. While it may be obvious to you that the faster a car is moving the less time there is to react, many other drivers choose to ignore this fact. This coupled with the increased force a speeding car creates, results in injuries that are more severe than in other types of auto accidents.
Distracted drivers can cause catastrophic and sometimes fatal injuries to others on the road. An estimated 9 people are killed every day due to distracted driving. Texting while driving is a type of distracted driving that has become a serious problem in recent years. When a person is texting they take their eyes off the road for an average of 5 seconds. If that same person is traveling at 55 mph, that is the equivalent of driving the length of a football field without looking up.
In addition to these 3 causes, some other causes of car accidents include:
- Following too close
- Weather-related accidents
- Running a stop sign
- Running a stoplight
- Improper left turn
San Antonio car accident lawyer Reshard Alexander is dedicated to getting the maximum compensation for injury victims in Texas. After a serious injury or the loss of a loved one in a car accident, you need to know that someone is on your side, protecting your rights and presenting an effective case to the insurance company.
Other Types of Texas Accidents – San Antonio Car Accident Lawyer
The primary focus of our law firm is the serious injury and wrongful death cases following auto accidents. However, in addition to car accident claims, we also help people with personal injury claims resulting from:
- Boating accidents
- Truck accidents
- Construction zone accidents
- Bus accidents
- Motorcycle accidents
- Pedestrian accidents
- Bike accidents
- Dog bite accidents
We will handle all of the legal details of your personal injury claim so that you can concentrate on your physical recovery. I have helped injured people and their families deal with devastating physical injuries.
If you were seriously injured in a car accident or other type of personal injury accident, contact. You can also fill out our online contact form. Your initial consultation is always free, and you never pay attorney fees unless we recover compensation for you.
San Antonio Truck Accident Lawyer Resources
Texas CDL Manual
Free Texas Car Accident Book
Frequently Asked Questions
Texas Accident & Injury Infographics
San Antonio Traffic Accident Map
Links to Car Insurance Companies in Texas
ACCC Insurance Company
Alinsco Insurance Company
Allstate County Mutual Insurance Company
American Access Casualty Company
Amica Mutual Insurance Company
Auto Club County Mutual Insurance Company
CEM Insurance Company
Elephant Insurance Company
Esurance Insurance Company
Farmers Texas County Mutual Insurance Company
Foremost County Mutual Insurance Company
Geico County Mutual Insurance Company
Germania Select Insurance Company
Home State County Mutual Insurance Company
Infinity County Mutual Insurance Company
Liberty County Mutual Insurance Company
Loya Insurance Company
Metropolitan Lloyds Insurance Company of Texas
MGA Insurance Company, Inc.
Progressive County Mutual Insurance Company
Redpoint County Mutual Insurance Company
Southern County Mutual Insurance Company
State Farm Mutual Automobile Insurance Company
Texas Farm Bureau Casualty Insurance Company
United Services Automobile Association
Old American County Mutual Fire Insurance Company
Types of Car
Plug In Hybrid
Sports Utility Vehicle
San Antonio Car Accident Lawyer – Lawsuit Resources
Chose Correct Venue
Contingency Fee Arrangement
Defense Appeals Jury Verdict
Documenting a Car Accident
Importance of Credibility
Obtaining a Police Report
Obtaining Medical Records
CR-3 Police Report
Protect Your Financial Interest
Protect Your Rights
Proving Alcohol Intoxication
Role of a Jury
Stranded on the Highway
Traffic Control Device
San Antonio Car Accident Lawyer – Injury Resources
Ankle Injury From Car Accident
Annular Disc Tear
Anosmia from Automobile Accident
Arthritis After Car Accident
Brain Injury from Car Accident
Brain Injury in Child
Brain Hermorrhage Injury
Broken Arm Accident
Broken Bones in Car Accident
Broken Femur Car Accident
Broken Nose in Car Accident
Broken Rib from Car Accident
Burn Victim Car Accident
Car Accident Back Injury
Car Accident Eye Injury
Car Accident Head Injury
Car Accident Nerve Damage
Car Accident Paralysis
Car Accident Spine Injury
Car Accident Wrist Injury
Cervical Spine Injury
Chronic Neck Injury After Car Accident
Chronic Pain After Accident
Collarbone Pain After Car Accident
Complex Regional Pain Syndrome After Car Accident
Connective Tissue Injury
Crush Injury Car Accident
Delayed Pain After Car Accident
Emotional Pain and Suffering
Face Injury Accident
Foot Injury Car Accident
Headache after Car Accident
Heart Damage after Car Accident
Herniated Disc Car Accident
Impact Fracture Car Accident
Internal Bleeding Due to Car Accident
Internal Injuries from Car Accident
Joint Injury Car Accident
Leg Injury from Car Accident
Mental Distress During Accident
Spinal Fracture Car Accident
Neck Fusion from Car Accident
Neck Injury after Car Accident
Pain and Suffering Car Accident
Permanent Injury Car Accident
Pre-Existing Condition Car Accident
PTSD After Car Accident
Scarring Cause by Car Accident
Shoulder Injury from Car Accident
Soft Tissue Injury Car Accident
Subarachnoid Hemorrhage from Car Accident
Tibia Fibula Fracture
Tinnitus Car Accident
Traumatic Brain Injury from Car Accident
Unborn Baby Injured in a Car Accident
Vocal Cord Damage
Whiplash from Car Accident
San Antonio Car Accident Lawyer Insurance Claim Resources
Accident Injury Claim
Another Person Driving Claim
Bad Faith Insurance Claim
Car Accident Compensation
Car Accident Medical Bills
Car Accident Medical Restrictions
Car Accident Not Your Fault
Car Accident Occupational Rehab
Car Accident Passenger Claim
Car Accident Punitive Damages
Car Accident Settlement
Car Accident Sudden Medical Emergency
Car Insurance Claim Denial What Next
Car Insurance Liability Limit
Car Insurance Premium
Car Insurance Settlement Offer Too Low
Claim Exceeds Policy Limits
Claim on Behalf of a Minor
Compensation Damage to Car
Future Medical Bills
ICU Insurance Claims
Insurance Claim Totaled Car
Life Care Planner
Loss of Companionship Claim
Loss of Use Claim
Lost Wages Claim From Car Accident
No Health Insurance in Car Accident
Ongoing Medical Care After Car Accident
Sue for My Child
Total Loss Claim
Underinsured Motorist Claim
Uninsured Motorist Claim
Wrongful Death Claim
San Antonio Car Accident Lawyer – Driver Resources
Child In Car
Police/Fire/EMT Line of Duty
Passenger In Car
San Antonio Car Accident Lawyer – Cause Resources
Eating & Drinking
Right Hand Turn
Right of Way
Selfie While Driving
Texting While Driving
Wrong Way Driving
Attorney Reshard Alexander – Big Rig Bull Texas Truck Accident Lawyer represents clients in all Texas counties, including: Bexar County, Atascosa County, Wilson County, Karmes County, Gonzales County, Guadalupe County, Comal County, Kendall County, Gillespie County, Bandera County, Medina County, Frio County, and Kerr County; and all Texas cities, including: San Antonio, Alamo Heights, Balcones Heights, Castle Hills, China Grove, Cibolo, Converse, Elmendorf, Fair Oaks Ranch, Grey Forest, Helotes, Hill Country Village, Hollywood Park, Kirby, Leon Valley, Live Oak, Lytle, Olmos Park, Saint Hedwig, Schertz, Selma, Shavano Park, Somerset, Terrell Hills, Universal City, Von Ormy, Windcrest, Bear Creek, Buda, Dripping Springs, Hays, Kyle, Mountain City, San Marcos, Wimberley, Woodcreek, Bartlett, Cedar Park, Florence, Georgetown, Granger, Hutto, Jarrell, Leander, Liberty Hill, Round Rock, Taylor, Thorndale, Thrall, Weir, Bastrop, Elgin, Smithville, Lockhart, Luling, Martindale, Mustang Ridge, Niederwald, Uhland, Bulverde, Garden Ridge, New Braunfels, Marion, New Berlin, Santa Clara, Seguin, Staples, Austin, Bee Cave, Briarcliff, Creedmoor, Jonestown, Lago Vista, Lakeway, Manor, Pflugerville, Point Venture, Rollingwood, San Leanna, Sunset Valley, The Hills, Volente, Webberville, and West Lake Hills.