Questions about Houston car wreck injury claims, answered plainly

These are the questions people ask in the first call. Each answer is general information about Texas law; your own case depends on its facts, and the consultation is free.

Fees and costs

No Fees or Costs Unless We Win: the firm advances the costs of your case, and you pay no attorney’s fee and no case costs unless we recover money for you. The first consultation is free, and calling does not commit you to anything.

If we can help and you want to hire us, we explain the written agreement before you sign it, including how fees and costs work if money is recovered.

Deadlines

A Texas injury lawsuit generally has to be filed within two years of the wreck (Civil Practice and Remedies Code 16.003). A claim against a city, county or other government unit needs written notice much sooner, generally within six months, and a city charter can set a shorter period (section 101.101). When the injured person is a child, the clock generally starts at 18 (section 16.001).

Fault

Texas reduces your recovery by your own share of responsibility, and you recover nothing if your share is more than 50 percent (sections 33.001 and 33.012). An insurer that says you were partly at fault is making an argument, not a final decision, and evidence answers it.

Insurance

A Texas driver must carry at least 30/60/25 in liability coverage (Transportation Code 601.072). Your own policy includes PIP and uninsured or underinsured motorist coverage unless someone rejected them in writing (Insurance Code chapter 1952). PIP pays without regard to fault and must be paid within 30 days of satisfactory proof.

Talking to adjusters

You should report the wreck to your own insurer as your policy requires. You are not required to give the other driver’s insurer a recorded statement, and it is wise to talk with us first. Once you hire us, the insurers deal with us.

The crash report

The investigating officer files a Texas Peace Officer’s Crash Report with TxDOT within 10 days (Transportation Code 550.062). The people involved and their representatives can buy a copy through TxDOT’s crash report system for a small fee. We order it for our clients.

Medical bills

While the claim is open, your own PIP coverage, health insurance or both may pay bills as they come in. Keep every bill and every explanation of benefits, and send us copies. We keep a running list of each charge, who paid it and what is still owed, so the full cost of your care is part of the claim.

Signing things

Do not sign a release, a medical authorization from the other driver’s insurer, or a check marked as payment in full before you understand what it ends. A release usually ends the claim for good. If an insurer sends you something to sign, send it to us first and we will explain it.

Who handles your case

The attorneys in our Houston office: Ian Nelsen, a former adjuster and insurance defense attorney; Jonathan Harris, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization; and Howard Hill, who spent over 20 years with two of the nation’s largest auto and commercial insurers. The attorney responsible for this website is Jonathan Harris. Meet them on our Houston team page.

If your question is about a wreck that happened outside the city, the answers above still apply: the Texas rules on deadlines, fault and coverage are the same in every town we serve. What changes is which agency wrote the crash report and where a lawsuit would be filed.