These are the questions our Houston accident lawyers hear most on the first call, answered with the Texas statute behind each answer. They are general information; your own facts can change the answer, so call us about yours.
LAWBOSS – Harris, Nelsen & Uvalle, PLLC answers these questions from its Houston office near Memorial Park. Where an answer depends on a law, we name the section so you can read it yourself on the Texas Legislature’s statute site.
The first days after a crash
Texas law asks drivers in a crash with injury or death to stop, check whether anyone needs help and stay to give information (Transportation Code 550.021). Drivers must exchange names, addresses, vehicle registration numbers and liability insurers, and show a license if asked (550.023). A crash with injury, death or a car that cannot be driven must be reported at once to the police or sheriff (550.026).
After that, the most useful things are photographs, witness names, a doctor’s visit and the crash report number. The officer who investigates an injury crash must file a report with TxDOT within 10 days (550.062), and our article explains how to get a Houston crash report.
Insurance in Texas
| Coverage | What Texas law says | Where |
|---|---|---|
| Liability minimum | $30,000 per injured person, $60,000 per crash for injuries, $25,000 property damage | Transportation Code 601.072 |
| Uninsured / underinsured motorist | Must be in every policy unless a named insured rejects it in writing | Insurance Code 1952.101 |
| Personal injury protection (PIP) | Included unless rejected in writing; the law requires no more than $2,500 per person; paid regardless of fault | Insurance Code 1952.152, 1952.153, 1952.155 |
These are legal minimums, not what any claim is worth. Many drivers carry more, and some carry none at all, which is where your own uninsured motorist coverage can matter.
Have a question this page does not answer? Call our Houston office; a lawyer will talk it through with you for free.
More detail lives on our other pages: insurance tactics after an accident, the accident cases we take and the accident law firm in Houston page about how we run a case.
Questions people ask us
How long do I have to file an injury lawsuit in Texas?
Generally two years from the day the claim accrues, under Civil Practice and Remedies Code 16.003(a). When someone has died, the clock starts on the day of the death (16.003(b)). For a child, the time usually does not start running until age 18 (16.001).
Is the deadline different if a city or county vehicle hit me?
Yes. A claim against a government unit needs written notice describing the injury and the time, place and incident, generally within six months (CPRC 101.101). A city charter can set a shorter period. See our article on the notice deadline for a government vehicle crash.
Is a claim over if I was partly to blame for the crash?
Yes, as long as your share is 50 percent or less. Texas bars recovery when your responsibility is greater than 50 percent (CPRC 33.001) and reduces any recovery by your own percentage (33.012).
The driver who hit me was uninsured. Who pays?
Often your own policy does, through uninsured motorist coverage. Under Insurance Code 1952.101 it comes with every Texas auto policy unless a named insured turned it down in writing, and we will read your policy to see whether you have it.
Will my own insurance pay my medical bills even if the crash was not my fault?
Personal injury protection, if you did not reject it in writing, pays without regard to fault, and the insurer must pay within 30 days of satisfactory proof of the claim (Insurance Code 1952.155 and 1952.156).
The other insurer wants to record my version of the crash. Is that a good idea?
Talk to a lawyer first. A recorded statement is compared with everything you say later, and guesses about speed or how you feel can be used against you. Our article on the recorded statement after a Houston crash explains more.
The insurer already made me an offer. Should I take it?
Do not sign anything until someone has read the release. A signed release generally ends the claim, even if your injury turns out to be worse than it first looked.
How do I get a copy of the crash report?
People involved in the crash, their representatives, vehicle owners and the insurers can buy the full report from TxDOT’s Crash Report Online Purchase System for a small fee (Transportation Code 550.065).
How much does it cost to hire you?
The consultation is free. No Fees or Costs Unless We Win, meaning the firm pays the costs of working up your claim as they arise, and if no money is recovered you owe no attorney’s fee and no case costs. We go over the written agreement with you before you sign.
How much is my case worth?
Nobody can answer that responsibly from a web page. It depends on your injuries, your treatment, the insurance available and who was at fault. We do not publish amounts or averages; we explain how a claim is built instead.
Who are the lawyers in the Houston office?
There are three: Jonathan Harris, Howard Hill and Ian Nelsen. All three came to the firm from the insurance side, as insurer trial lawyers, insurance defense lawyers or an adjuster. Jonathan Harris, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization, leads the office’s litigation.
Who is responsible for this website?
Jonathan Harris is the attorney responsible for this site, and his primary practice location is the Houston office at 5300 Memorial Dr Ste 810.
Can a family bring a claim after a fatal crash?
Yes. Under CPRC 71.004 the surviving spouse, children and parents may bring a wrongful death claim, and any one of them can sue for all. The person’s own injury claim also survives through the estate (71.021).
What if a truck was involved?
Commercial trucks follow federal safety rules on driving hours, records and maintenance, and the carrier must keep driving records for at least six months (49 CFR 395.8). We ask for those records early. Our truck accident lawyer in Houston page covers more.