Published by J.A. Davis & Associates – San Antonio / McAllen Personal Injury Lawyers – Car Accidents

Understanding Your Rights after a Car Accident

Being involved in a car accident in San Antonio can be overwhelming and confusing, especially when you’re dealing with injuries, medical bills, and insurance companies while trying to understand your legal rights. Many accident victims are unaware of the full extent of their rights under Texas law, which can result in accepting inadequate settlements or failing to pursue all available compensation. Understanding your rights with the help of an experienced car accident lawyer is crucial for protecting your interests and ensuring you receive fair compensation for your injuries and losses.

Your Right to Medical Care and Treatment

Following a car accident in San Antonio, you have the fundamental right to seek necessary medical care for your injuries, regardless of who was at fault for the accident. This right extends beyond emergency treatment to include ongoing medical care, specialist consultations, physical therapy, rehabilitation services, and any other treatment deemed medically necessary by your healthcare providers.

Insurance companies cannot dictate which doctors you see or what treatments you receive, though they may attempt to influence your medical decisions through various tactics. You have the right to choose your own physicians and follow their treatment recommendations without interference from insurance adjusters who lack medical training.

Your right to medical care also includes the right to document your injuries thoroughly. This means you can request copies of all medical records, test results, and treatment notes that may be relevant to your case. Proper medical documentation is essential for establishing the extent of your injuries and their connection to the accident.

Your Right to Fair Compensation

Texas law provides accident victims with the right to seek compensation for all damages resulting from car accidents caused by another party’s negligence. This compensation, known as damages, can be divided into several categories, each addressing different aspects of your losses.

Economic damages include compensation for medical expenses, both current and future, related to treating your accident injuries. This encompasses hospital bills, doctor visits, prescription medications, medical equipment, and any ongoing care you may need. You also have the right to compensation for lost wages and reduced earning capacity if your injuries prevent you from working or limit your ability to earn income in the future.

Property damage compensation covers the cost of repairing or replacing your vehicle and any personal property damaged in the accident. This includes not only the vehicle itself but also items inside the car that were damaged, such as electronics, clothing, or other personal belongings.

Non-economic damages compensate you for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and the impact your injuries have had on your relationships and daily activities. While these damages are more difficult to quantify than economic losses, they represent a significant portion of many car accident claims.

Your Right to Legal Representation

One of your most important rights after a car accident is the right to legal representation. You have the absolute right to consult with and hire an attorney to represent your interests, regardless of what insurance companies may tell you. Insurance adjusters may suggest that you don’t need an attorney or that hiring one will slow down your claim, but these statements are designed to protect the insurance company’s interests, not yours.

Your right to legal representation includes the right to have your attorney present during any discussions with insurance companies, medical examinations requested by insurers, or legal proceedings related to your case. You should never feel pressured to handle communications with insurance companies on your own or to make important decisions without legal guidance.

Your Right to Refuse Quick Settlement Offers

Insurance companies often present quick settlement offers shortly after accidents, sometimes before victims fully understand the extent of their injuries or the long-term impact on their lives. You have the absolute right to refuse these initial offers and take time to fully evaluate your case with the help of legal and medical professionals.

Quick settlement offers are typically well below the actual value of claims and often fail to account for future medical expenses, ongoing treatment needs, or the long-term effects of injuries. Once you accept a settlement offer, you typically waive your right to seek additional compensation, even if you later discover that your injuries are more serious than initially thought.

Your Right to Information and Transparency

Throughout the claims process, you have the right to receive information about your case and understand what is happening at each stage. This includes the right to receive copies of all relevant documents, such as police reports, medical records, insurance correspondence, and any reports prepared by investigators or experts.

Insurance companies are required to provide certain information about their investigation and decision-making processes. If your claim is denied or if you receive a settlement offer that seems inadequate, you have the right to understand the reasoning behind these decisions and to challenge them if necessary.

Your Right to Appeal Denied Claims

If an insurance company denies your claim or disputes your right to compensation, you have the right to appeal their decision through various channels. This may include filing complaints with the Texas Department of Insurance, pursuing alternative dispute resolution methods, or filing a lawsuit in civil court.

The appeals process can be complex and requires understanding of insurance regulations, legal procedures, and documentation requirements. Having experienced legal representation is crucial for effectively exercising your right to appeal and ensuring that your case is presented in the most compelling manner possible.

Your Right to Privacy and Protection from Harassment

While insurance companies have the right to investigate claims, you also have rights regarding privacy and protection from harassment during this process. Insurance adjusters cannot contact you at unreasonable hours, use threatening or abusive language, or make repeated calls after you’ve asked them to stop.

You have the right to have all communications with insurance companies go through your attorney, which can protect you from tactics designed to undermine your claim or pressure you into accepting inadequate settlements.

Your Right to a Fair Investigation

Insurance companies are required to conduct fair and thorough investigations of claims, which means they must consider all relevant evidence and cannot ignore facts that support your claim. You have the right to present evidence supporting your case and to have that evidence given proper consideration.

If you believe an insurance company is not conducting a fair investigation, you have the right to challenge their methods and demand that they fulfill their obligations under Texas insurance law.

Your Right to Pursue Legal Action

If settlement negotiations fail to produce fair compensation, you have the right to file a lawsuit and pursue your case through the court system. Texas law provides a two-year statute of limitations for most car accident cases, giving you time to fully understand your injuries and explore all options for recovery.

Filing a lawsuit doesn’t mean your case will go to trial, as many cases settle during the litigation process. However, having the option to pursue legal action provides significant leverage in settlement negotiations and ensures that insurance companies take your claim seriously.

How J.A. Davis & Associates, LLP Protects Your Rights

At J.A. Davis & Associates, LLP, we are committed to protecting and enforcing our clients’ rights throughout the car accident claims process. Our experienced attorneys understand Texas law and know how to navigate the complex legal and insurance issues that arise in car accident cases.

We ensure that our clients understand their rights from the very beginning and work tirelessly to protect those rights against insurance company tactics designed to minimize compensation. Our comprehensive approach includes thorough case investigation, aggressive negotiation with insurance companies, and skilled trial representation when necessary.

We believe that accident victims should be able to focus on their recovery while we handle the legal complexities of their cases. Our contingency fee structure means that you don’t pay attorney fees unless we successfully recover compensation for your injuries and losses.

If you’ve been injured in a car accident in San Antonio, don’t let insurance companies take advantage of your unfamiliarity with your legal rights. Contact J.A. Davis & Associates, LLP at (210) 732‑1062 or visit our office at 2914 Pleasanton Road, San Antonio, TX 78221, to schedule a free consultation and learn how we can help you understand and protect your rights while pursuing the compensation you deserve.