Understand Your Rights. Solve Your Legal Problems
Car accidents happen every day across Texas—but what you do in the minutes, hours, and days that follow can make or break your case. To help drivers understand their rights and protect their claims, we spoke with Jacob Perez, a U.S. Air Force veteran and personal injury attorney at Cruz & Payne Injury Lawyers in San Antonio. Drawing from years of experience representing crash victims, Perez explains the crucial steps to take after an accident, how fault is determined, and what every driver should know about insurance coverage, hospital liens, and filing deadlines under Texas law.
It’s absolutely crucial that if you’re involved in a car accident, you call the police right away. When speaking with the officer, make sure to request a copy of the crash report, formally known as the Texas Peace Officer’s Crash Report. This report helps establish fault and often determines how insurance companies handle your claim.
Next, seek medical treatment immediately, even if you don’t think you’re seriously hurt. Go to a minor emergency room or urgent care clinic as soon as possible. Insurance companies love to argue, “If the person was really injured, why didn’t they go to the ER?” Believe me, I’ve heard that question asked in countless depositions. Early treatment not only protects your health but also strengthens your case.
Finally, if you’re physically able, take photos of both vehicles, the crash scene, and any visible injuries. These images can be critical later, showing the extent of the damage and supporting your version of events.
I also always recommend that my clients keep their social media accounts private and avoid posting anything that could hurt their case. Even something as simple as a photo at the gym can be taken out of context and used to downplay your injuries. I bring this up because I’ve personally seen it happen.
In most disputed liability cases, the insurance company will determine fault from their perspective using the crash report, witness statements, and evidence from the scene. However, if the case goes to trial, it’s the jury who ultimately decides the percentages of fault.
Basically, this means that if you are 51% or more at fault, you cannot recover any damages. But if you’re 50% or less at fault, you can still recover compensation — just reduced by your percentage of fault.
If your case involves disputed liability, use the litigation process to build your case strategically. Depose the investigating officer, collect supporting evidence, and plan your approach carefully — all while keeping case expenses in mind. Also, make sure you communicate with your client every step of the way. It might even be worthwhile to push for mediation and early resolution.
First of all, if you can afford it, you should have PIP and UM/UIM coverage. With so many drivers in Texas without insurance, collecting from an uninsured motorist can be extremely difficult.
PIP (Personal Injury Protection) can be requested after every accident, regardless of fault. If your medical bills exceed the at-fault driver’s insurance policy, UIM (underinsured motorist) coverage allows you to recover the difference from your own insurance. UIM only applies when the at-fault driver has insurance, but it isn’t enough to cover your damages.
And if the person who hits you has no insurance at all, or it’s a hit-and-run, you can pursue recovery under your UM (uninsured motorist) coverage. MedPay functions similarly but is limited to medical expenses and doesn’t compensate for lost income.
Remember, you generally must collect from the at-fault driver’s insurance first before making a claim against your own UIM coverage. If your health insurance pays for treatment related to a car accident, your insurer will likely pursue subrogation — a claim for reimbursement out of any settlement or recovery you receive.
When it comes to a recorded statement, it’s okay to provide basic information like your name and contact details — but always remember: do not admit fault and do not speculate about what happened.
It’s important to contact your attorney before giving any recorded statement, especially if your injuries or damages are significant. Keep in mind: those statements are recorded for a reason — ask yourself why the insurance company really wants you on tape.
Statements to your own insurer are generally safer but still should be reviewed with counsel. Regarding evidence, a simple subpoena or deposition by written questions can usually secure it.
If you feel pressured or confused, pause and ask for guidance from your lawyer. Keep your guard up and listen to each question carefully before answering.
When it comes to a hospital lien, you are required to pay it from any settlement or recovery you receive. It’s important to inform the client about the lien and explain that the amount must be repaid from their settlement.
Once you know the final lien amount, it’s worth trying to negotiate a reduction. Subrogation is when an insurance company that paid your medical bills or other expenses has the right to be reimbursed from any settlement or recovery you receive from the at-fault party.
Avoid surprises by knowing where your client has received treatment and identifying all potential lienholders early. As an attorney in my office famously says, “You got to know your file.” Being proactive ensures you can address claims before settlement and keeps your client informed throughout the process.
The standard statute of limitations for an auto accident case in Texas is two years, meaning that after those two years, you generally lose the right to sue.
As an attorney, it’s crucial to calendar your deadlines and set reminders, like a one-month notice before the statute expires, to avoid missing important dates. After all, it’s one thing to put your malpractice carrier on notice because you missed a deadline — it’s another to lose your client’s right to recover entirely.
If your claim involves a city or county vehicle, such as being hit from behind by a county truck, you must follow special steps under the Texas Tort Claims Act. One key requirement is to provide written notice of your claim, usually within six months of the accident.
I recommend having a strong calendaring system to keep track of your deadlines. The more complex the case, the longer the litigation period you can expect. Posturing the case early and being aggressive when necessary helps keep things moving. After all, as the plaintiff, you carry the burden of proof — and that process begins the moment the accident occurs.
Uber and Lyft carry substantial insurance policies. If a rideshare driver working for Uber or Lyft is actively transporting a passenger during a collision — or if you are onboard as a passenger and the driver is determined to be at fault — the Uber or Lyft policy should apply to cover injuries and damages.
When the app is off, the driver’s personal auto insurance is primary, just like in a normal car accident, but coverage is limited to the policy’s usual limits. As with any accident, seek medical attention for any injuries sustained.
Car accidents can leave victims overwhelmed — not just physically and emotionally, but also with insurance questions, medical bills, and legal deadlines. As Jacob Perez emphasizes, being proactive and informed from the very first moment after a crash can make all the difference. Whether it’s securing the police report, seeking medical care, or understanding your insurance rights, every detail matters.
If you’ve been injured in a car accident in San Antonio or anywhere in Texas, the team at Cruz & Payne Injury Lawyers is ready to help you navigate the process and fight for the compensation you deserve.
