No person ever wants to be involved in a car accident, and when one does occur, nobody wants to end up being hurt either. Motor vehicle collisions are incredibly common in Texas, and many cases involve people walking away with no injuries and wondering what kinds of financial compensation they might be able to acquire. The National Highway Traffic Safety Administration (NHTSA) reports that there were 6,102,936 police-reported crashes in the United States in 2021 that included 4,335,820 property damage only (PDO) accidents in which there were no injuries to any person. This figure represented a 20 percent increase from the prior year.
What To Do After Non-injury Car Accidents
Texas Transportation Code § 550.022 establishes that when the driver of a vehicle involved in an accident resulting only in damage to a vehicle driven or attended by a person must immediately stop their vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary, immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident, and remain at the scene of the accident until they comply with the requirements of Texas Transportation Code § 550.023. Under Texas Transportation Code § 550.023, any person involved in an accident that causes damage to a vehicle driven or attended by another person must give their name, address, registration number for the vehicle they were driving, and the name of a motor vehicle liability insurance company to any person who was injured or the operator or occupant of or person attending a vehicle involved in a collision, and show their driver’s license to the other person. The bottom line for all people is that it will be incredibly important to stop at the scene of a crash, even when there are seemingly no injuries. Leaving the scene of an accident can result in a hit-and-run charge, and violations of the requirements of Texas Transportation Code § 550.022 are a Class C misdemeanor when the damage to all vehicles is less than $200 or Class B misdemeanors when the damage to all vehicles is $200 or more. People also need to remember that just because they were not hurt does not necessarily mean the same holds true for the occupants of other vehicles involved in an accident. It is always important to see if any other people involved in a collision will require medical attention. When there are no injuries stemming from a motor vehicle accident, people will want to be sure they exchange information with all other drivers involved. People should always contact the local police department wherever the crash occurred to be sure that a police report is filed in connection with the accident. Another important step to take after a car accident will be to take as many photographs or videos of the crash scene as possible, trying to get pictures from different angles and distances. Every single person involved in a car accident should still seek medical attention, even when they do not think they were hurt, because there are a wide variety of injuries that can involve delayed symptoms and it is always possible that a person may learn much later on that they indeed did suffer an injury in their wreck.
Reporting Non-injury Car Accidents
In the case of a car accident in Texas, a person should report their accident to police as soon as possible when the crash was a hit-and-run accident or caused property damage likely to exceed $1,000. Getting a police report for a non-injury accident will still be important because it is often necessary for people hoping to recover financial compensation as insurance companies often use the failure to obtain a police report as the basis for denying claims. Minor car accidents in private areas like parking lots are less likely to get assistance from police departments, so people should speak to business owners in these cases to see if they have certain procedures to follow for reporting accidents. In many cases, businesses will have surveillance footage relating to where crashes occur, and it can be enormously helpful if a person is able to get access to this footage. Reporting an accident becomes far more urgent when another person does suffer an injury or dies, because failure to comply with Texas Transportation Code § 550.021, relating to accidents involving injury or death, carries steep penalties for not complying with the requirements of the state law. If a person involved an accident resulting in the death of a person does not comply with the Texas Transportation code, it will be a second-degree felony and a case involving serious bodily injury will be a third-degree felony, with convictions being punishable by up to five years in state prison or up to one year in the county jail and/or a fine of up to $5,000.
Do You Need A Lawyer For A Non-injury Car Accident?
People often think that a non-injury car accident lawyer will not be necessary when a car accident does not result in any injuries, but this is not always the case. When there is any kind of damage to a motor vehicle, a person should seek compensation for their losses or repair costs and an attorney can help them obtain a fair and full settlement for these expenses. When an insurance company knows there is not a lawyer involved, they often try to use that fact to their advantage. A lawyer will be critical in ensuring that an insurance company does not try to take advantage of you. When any other driver or person involved in a collision files a lawsuit, it will again be important to have an attorney represent you. Should you be at fault for an accident, a non-injury car accident lawyer will be able to help protect you. Texas has a statute of limitations of two years for injury claims stemming from car accidents, meaning people must commence a legal action within two years of the date of a car accident. Texas Civil Practice & Remedies Code § 16.003 further specifies that a person must bring suit for injury to the property of another no later than two years after the day the cause of action accrues, meaning the date of a crash. It is also not impossible that a person only learns later on that their accident did cause some kind of physical injury. It is again important for people to be working with an attorney in these cases so they can be confident that they are taking all of the necessary steps to protect their rights.
Property Damage Insurance Claims
Property damage claims following automobile accidents are some of the most frequent types of claims. While a person’s own insurance company or a responsible driver’s insurance company will usually cover the expenses of a car crash, it will still be beneficial to work with a car accident attorney who can ensure that a person is getting as much coverage as possible. A lawyer can help a person file a claim with an insurance company and make sure that insurance adjusters give a person fair compensation in their settlement offer. When another driver was at fault, that driver’s liability insurance should cover the damages up to the limits of their insurance policy. In many car accident cases involving only property damage, lawsuits or settlements can cover certain costs. A claim should cover the cost of repairing a vehicle and the cost of a rental car, when applicable. When a car is totaled in an accident, a claim should include enough money for a person to buy a new car. An attorney will be able to work with an insurance adjuster and insurance company to be sure a person is being offered a fair settlement.
Lawsuits for Mental Injuries
Property damage and other related expenses are not the only losses people suffer in car accidents. Even when there are no physical injuries, people can still experience psychological issues. Fear, depression, anxiety, and post-traumatic stress disorder (PTSD) are some of the most common examples. All of these issues can be recoverable damages in car accident claims. It is extremely common for some kinds of emotional suffering to arise following car crashes. Even minor fender benders can mean that liable parties have to pay for medical and mental health services. A car accident lawyer can fight for a person’s right to compensation for often costly therapy or psychiatry appointments. Non-injury car accidents may still involve possible compensation for medical bills even when there were no injuries, property damage, and other non-injury damages. Noneconomic damages are very common in all kinds of car accident claims. Common kinds of noneconomic damages often include pain and suffering, loss of enjoyment of life, emotional distress, mental anguish, and humiliation.
How Insurance Companies Handle Non-Injury Car Accidents
People typically have two ways to file claims with insurance companies. Most people will file initial claims with their own insurers, which is a first party claim, while other people will file claims with another driver’s insurance company, which is a third party claim. The third way to file a claim is filing a lawsuit in civil court. In most cases, people seek compensation from insurance companies first before taking the legal action of filing a lawsuit, and insurers are motivated to keep cases out of court because taking a case to trial can be very costly. All of this said, all insurance companies share a goal of paying as little as possible to resolve every single accident claim. People will want to retain legal counsel in these cases because insurers are all but certain to be working against them, even when agents for such insurance companies try to assure people that they will be completely taken care of.
Contact Our Houston Car Accident Attorney
Were you recently involved in a car accident in the greater Houston area that did not seem to result in any injuries? It will still be important for you to contact the team at The Patel Firm PLLC so you can be confident that you are getting as much compensation as possible to cover your losses. Our firm knows all too well how confusing it can be for people to figure out what to do after any car accident and we will take the time to explain your rights to you and help you recover all of the damages you are entitled to. Call 713-539-1115 or contact our Houston car accident attorney online to arrange a free consultation.
