These are the questions people ask us most often after a car wreck in San Antonio. Each answer is short, cites the Texas law behind it where there is one, and links to the page that covers the subject in full. If your question is not here, call us; the first consultation is free.
Have a question about your own wreck? Call us for a free case review.
Legal information
These answers are general information about Texas law, not legal advice for your situation, and reading them does not create an attorney-client relationship. The attorney responsible for this site is named at the foot of the page.
Questions people ask
Do I need a lawyer after a car wreck in San Antonio?
Not for every wreck. If nobody was hurt and the other insurer is paying for your car promptly, you may not need one. A lawyer helps when someone was injured, when fault is disputed, when the other driver has little or no insurance, when a company or government vehicle was involved, or when an adjuster asks for a recorded statement, a medical authorization or a quick release. The first consultation is free.
How much does a car wreck lawyer cost?
We work on a contingency fee. You pay no attorney’s fee unless we recover money for you. We advance the case expenses, and if there is no recovery you owe no fee and no case expenses. If there is a recovery, the fee and the expenses are paid from it as your written fee agreement sets out before we start.
How long do I have to file a car wreck claim in Texas?
Two years from the day of the wreck to file a lawsuit for injuries or property damage (Civil Practice and Remedies Code 16.003). For a child, the time before age 18 is not counted (16.001). A claim against a city, county or other governmental unit needs written notice within six months, or sooner under a city charter (101.101).
What if the wreck was partly my fault?
You can recover if your share of responsibility is 50 percent or less, with your damages reduced by that share (33.012). At more than 50 percent you recover nothing (33.001). See our car accident lawyer San Antonio page.
What do I have to do at the scene?
Stop, check whether anyone needs aid, exchange names, addresses, plate numbers and insurers, and help anyone hurt get treatment (Transportation Code 550.021 and 550.023). Call the police if anyone is hurt or a car cannot be driven safely (550.026). On a freeway, move cars that can be driven to a safe place first (550.022). Our car wreck lawyer San Antonio guide covers the first month.
How do I get my crash report?
Officers file the CR-3 with TxDOT within 10 days. Buy it through TxDOT’s Crash Report Online Purchase System: $6 for a copy, $8 certified, plus a small surcharge. See our CR-3 crash report guide.
What is the minimum insurance in Texas?
30/60/25: $30,000 for one person’s injuries, $60,000 for all injuries in one collision and $25,000 for property damage (Transportation Code 601.072).
What is PIP and do I have it?
Personal injury protection on your own policy pays medical bills, lost income and some household services whoever caused the wreck. It is part of every Texas auto policy unless a named insured rejected it in writing (Insurance Code 1952.152). See our car accident attorney San Antonio page.
The other driver has no insurance. Can I still recover?
Your own uninsured motorist coverage pays what the other driver should have, up to your limits, unless a named insured rejected it in writing (Insurance Code 1952.101). If the driver is unknown, the other car must have actually struck you or your car (1952.104).
Should I give a recorded statement to the other driver’s insurer?
Not before you have spoken with a lawyer. You have no duty to give one, and your answers are used to argue fault and the size of your injuries. Give your contact details and say that your lawyer will be in touch.
Can the insurer make me use its body shop?
No. When it settles your property damage claim, the other driver’s insurer may not require a particular repair shop or brand of parts (Insurance Code 1952.301).
What can I recover after a car wreck?
Economic damages, such as medical expenses actually paid or incurred, lost wages and earning capacity and the car, and noneconomic damages such as pain, mental anguish, impairment and disfigurement (Civil Practice and Remedies Code 41.001 and 41.0105). Exemplary damages need clear and convincing evidence of gross negligence, malice or fraud (41.003).
How is a settlement divided?
The settlement goes into the firm’s trust account. The fee and the case expenses are paid as your written agreement sets out, liens such as a hospital lien and health plan repayment claims are paid, and the rest is paid to you with a written statement. A hospital lien can never be more than half of what you recover (Property Code 55.004).
Do I have to repay my PIP benefits?
Usually not. A PIP insurer has no right to recover its payments from the at-fault driver unless that driver had no insurance (Insurance Code 1952.155).
How long does a car wreck case take?
Most claims are not settled until your doctors can say what the injury will need in the future. That can be a few months or much longer, and a lawsuit adds time. We tell you at each stage what comes next.
What if a city or county vehicle hit me?
The claim is under the Texas Tort Claims Act. Written notice is due within six months, or sooner under a city charter, and the damages that can be recovered are capped (Civil Practice and Remedies Code 101.023 and 101.101). Call a lawyer early.
Can I sue a bar that served the drunk driver?
Possibly, if it was apparent when the driver was served that the driver was obviously intoxicated to the point of being a clear danger, and the intoxication caused your damages (Alcoholic Beverage Code 2.02). See our auto accident lawyer San Antonio page.
Where is your office?
In Fountainhead Tower on I-10 in San Antonio. The full address is at the foot of every page. Call before you come so that we can set a time.
Do you take cases outside San Antonio?
Yes: across Bexar County and in New Braunfels, Schertz, Converse, Universal City, Live Oak, Leon Valley, Helotes, Boerne and Seguin. See our areas served page.
Who is responsible for this website?
This is the website of LAWBOSS, Uvalle Law Firm, PLLC. The attorney responsible for its content is named at the foot of every page, with the firm’s San Antonio office address.