A car wreck can leave you dealing with pain, a damaged vehicle, missed work, and calls from insurance adjusters—all at once. If the collision happened in McAllen, the first priority is your health. After that, the details you preserve can make a real difference in an injury claim.
What should you do after a McAllen car wreck?
Call for emergency help when needed and get medical care for your injuries. If you can safely do so, photograph the vehicles, damage, roadway, traffic signals, and any visible injuries. Exchange information with the other drivers and get contact details for witnesses.
Keep the crash number, medical paperwork, repair estimates, receipts, and messages from insurers together. If an officer investigated the collision, you can obtain the Texas Peace Officer’s Crash Report, known as a CR-3, through TxDOT’s crash report system.
How is fault determined?
A crash report is useful, but an injury investigation may go further. Vehicle damage, photographs, witness accounts, nearby video, and vehicle data may help establish how the collision occurred.
That can matter in a rear-end collision, an intersection crash, or a wreck involving a driver who changed lanes without checking for traffic. The evidence may also identify an additional responsible party, such as a driver’s employer when the driver was working at the time of the crash.
What if the other driver has little or no insurance?
Ask for a copy of your complete auto policy, including its declarations page. Depending on the coverage you purchased, your own policy may provide personal injury protection (PIP) or uninsured/underinsured motorist (UM/UIM) benefits. Texas insurers must offer these coverages, but they can be rejected in writing; the terms and limits of your policy control.
Do not assume the other driver’s insurance is the only possible source of recovery. It is worth reviewing every applicable policy before accepting a settlement.
What can a car wreck injury claim include?
Depending on the facts and proof, a claim may seek compensation for medical expenses, lost income, future treatment needs, physical pain, and the effect of the injuries on daily life. A serious collision may also require investigation into whether the injured person can return to the same kind of work.
Save records that show these losses. A calendar of appointments and missed shifts can help document the disruption alongside medical and employment records.
How long do you have to file a lawsuit in Texas?
Texas generally requires a personal injury lawsuit to be filed within two years after the claim accrues. Exceptions and different deadlines may apply to particular claims. Tex. Civ. Prac. & Rem. Code § 16.003(a). Video footage and witness information can become harder to obtain much sooner.
Speak with a McAllen car wreck attorney
Gilman & Allison, LLP investigates car wreck injury claims in McAllen and throughout Hidalgo County. If you were hurt by another driver, contact our firm for a free consultation. We can review the collision, examine available insurance coverage, and help preserve the evidence needed to evaluate your claim.