For over 10 years, this is the most common question I have answered.

It can be answered in a simple way and/or a detailed way.

To put it simply, here are the 3 boxes that you need to check to determine whether you have a car accident case:

1. Someone else was at fault for the accident you were in✅
2. There is available auto insurance to pay for your claims✅
3. There are damages such as bodily injury and/or property damage✅

That said, checking off these boxes are not always easy. Let’s explore each box a little further….

1.SOMEONE ELSE WAS AT FAULT

FOR THE ACCIDENT YOU WERE IN.

For #1, the hope is, the at fault driver admits they are at fault and you can move on to #2.

However, at fault drivers lie all the time, and some car accidents are more difficult to determine fault than others.

Your biggest piece of evidence in confirming who is at fault, is having a Police Department put the at fault driver, at fault…..and even better if they are given a citation. You can check out the crash codes Police Officer’s use on their reports here, Texas Department of Transportation Crash Codes.

Most of the time, the at fault driver’s auto insurance will agree with the Police Department, but not always.

If you are in a situation where the auto insurance company is denying responsibility even though the Police put their insured at fault, here are a few more steps to take to help your case:

• Is there video evidence of the car accident?

The hope is someone caught the car accident on camera at the scene. If not, you can check nearby businesses to see if any of them have cameras pointed in the direction of where the car accident was. Sometimes there is an outside shot you can find highway or street cameras but this is very unlikely.

• Is there a witness or multiple witnesses that saw the car accident?

The best scenario is if a witness sees the car accident, approaches you at the scene and then waits for the Police Department to give their testimony. However, sometimes people are in a rush and cannot stay. It is very important you retrieve their information and give it to the Police Officer so the Officer can call them later or at that time to retrieve their testimony. If you are not aware of any witnesses, you can check nearby businesses, bus stops, sidewalks and more to see if you can find a witness. In a last shot effort, you can also search the community groups on social media for the area the accident happened in. Maybe someone saw it? It is always best to flip over every stone you can.

• Can the property damage prove who is at fault for the car accident?

If you are on the highway and got rear ended by another driver, it will likely be very hard for the at fault driver to explain away the property damage. However, not all car accidents are easy to determine fault based on property damage. For example, maybe you were rear ended and the at fault driver states you reversed back into them instead? Or, maybe you were involved in a lane change car crash where the at fault driver claims you merged into their lane instead. In both of those situations you can end up with similar property damage even though the crash facts are two different stories. If you are able to hire a Car Accident Reconstructionist they will be able to provide a more expert analysis and opinion for your car accident, but this is usually an expensive route. Car Accident Reconstructionist’s are typically hired by Law Firms that believe their client’s case has enough value to it, to make it worth while to spend the money.

2.THERE IS AVAILABLE AUTO INSURANCE TO PAY FOR YOUR CLAIMS.

If you have made it past #1 and are now at #2, the hope is the at fault driver has auto insurance. Be sure to watch our video below to learn more about RARE CREATIVE WAYS TO FIND AVAILABLE AUTO INSURANCE. If the at fault driver does not have auto insurance, here are the next couple steps you can pursue to find available auto insurance for your case…..

• Do you have protection against uninsured drivers?

Many car accident victims are hesitant at first to pursue their own insurance after a car accident because it was not their fault. I certainly agree with them. However, unless the at fault driver has major assets to pursue, which most uninsured drivers do not have, this is your next best possible choice. If you have Underinsured/Uninsured Motorist Coverage for Bodily Injury, you can pursue this part of your policy just like you are going after the other driver. This coverage allows you to pursue the common categories of damages such as medical bills, lost wages, pain and suffering, loss of enjoyment, mental anguish and more. Furthermore, if you have a good Lawyer on your case, they will likely be able to generate a much higher offer to where even with their legal fees coming out, you will walk away with more necessary medical treatment and a higher settlement in your pocket. If you are not sure what coverages you have, you can ask your auto insurance company to email you a copy of your declaration page. This page will show all of your available coverages.

• Do you have Personal Injury Protection and/or Medical Pay coverage?

Typically, these two types of coverages are considered economic damages only. In other words, you can only use them to pursue actual bills that are due and owing. You cannot use them to receive non economic damages such as a pain and suffering settlement. The primary difference between the two is usually Personal Injury Protection will also allow you to receive payment for lost wages, household expenses and even funeral expenses, where Medical Pay coverage only allows you to receive payment for medical bills. Furthermore, most of the time you can receive the Personal Injury Protection compensation directly in your name, where as Medical Pay compensation has to be in the name of the medical provider.

3.THERE ARE DAMAGES SUCH AS BODILY INJURIES AND/OR PROPERTY DAMAGE.

If it has been proven the at fault driver is at fault and there is available auto insurance, the final step #3 is determining what your damages are and how they change the type of case you have.

As far as the Property Damage goes, most of the time the auto insurance company is fair on this side of the case. There is too much evidence out there of what a car is worth and what it may cost to be repaired. If your car is totaled, the insurance company offer is usually close to a Kelly Blue Book or NADA type offer. There are some exceptions such as if you upgraded the vehicle in anyway from its original design or did any recent work to it. The best way to increase your offer in that scenario is to send in receipts and/or examples of what it may have cost via different websites. If your car is repairable, insurance companies usually give a preliminary estimate first and then will wait for the repair shop to send them any supplemental damage costs. There are some exceptions such as whether your car will be repaired with after market parts or not and if there is a specific disputed damage on your vehicle like an engine problem over a minor side swipe accident.

As for the Injury claim, the first thing to know is whether your injuries are minor or major, you still have a case, just the value of it may be different. Here are some important factors that determine the value and strength of your case:

• Can your injuries be proven?

The best way you prove your injuries is by getting them documented by a medical professional. Furthermore, it is important that you follow through with the Doctors recommendations so that your injuries are constantly being proven throughout the medical development phase.

• Did you receive medical treatment from Doctors who regular treat car accident victims?

Doctors who regularly treat car accident victims typically have more expertise in the type of injuries you received, what type of medical treatment is necessary and typically approved by auto insurance companies, the proper way to document the medical records, the potential future medical treatment needed, how much the bills should cost and much more. If you are working with a Law Firm, typically they can help you get set up with a Doctor who treats car accident victims. Moreover, the Law Firm will send a letter to the Doctor called a Letter of Protection which will ensure the Doctors are paid out of the car accident settlement, and not your own pocket.

• Did you receive medical treatment in the proper time frames?

The first important time frame is when you started medical treatment for your car accident injury case. If you wait too long to get medical treatment for your accident injuries, it is possible the auto insurance company will deny paying for the medical bills or deny paying for some of them. The sooner you get into medical treatment for your car accident injuries, the better. Good Lawyers can usually still make your case work if you get into treatment within 1-2 months on more minor-moderate accidents and 2-4 months on more major car accidents. That said, I cannot state enough that if you want your case to be as strong as possible, you need to get into a Doctor ASAP. The second important time frame is how consistent you are with your medical treatment. It is important you do not allow big time gaps to build throughout your medical treatment. If you allow too much time between your medical appointments, it is possible the auto insurance company decides to not pay anything more after the gap in treatment or at a deducted rate.

WHAT ELSE IS GOOD TO KNOW?

• What are the available Policy Limits?

Every auto insurance policy has a certain amount of limits. In Texas, the minimum limits are $25,000 for Property Damage and $30,000 per person / $60,000 per accident for Injuries. Other common injury limits are $50,000 per person / $100,000 per accident; $100,000 per person / $300,000 per accident; $500,000 combined limits and even $1 Million + combined limits and more.

It is important you or your Law Firm are aware of these limits so that when the time comes right, you can make a decision to continue with medical treatment or to attempt to settle with what you have done so far.

• Did you receive a free consultation from a Personal Injury Car Accident Lawyer or speak to one of our Experts?

It is always best to receive a free consultation from a Lawyer or one of our Car Accident Experts. It’s free. What do you have to lose? Good Lawyers will be able to breakdown your case for you and give you a general idea of how the process will go, what you’re entitled to and what they may be able to do better than you can on your own. Answer 5 Questions on our website to see if you have a case and a Car Accident Expert will contact you with the best steps forward.