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It’s common to have questions about your auto accident.
If you were injured in an automobile accident and need help covering your medical bills and expenses, you probably have a few questions. Going through an accident is a difficult and stressful situation for anyone, but the fallout is often even worse. You will face a range of setbacks and challenges you might not have considered.

When you are stuck in the middle of this problem, knowing where to turn or what steps you should take won’t be easy. This guide defeats that problem by answering some of the most common questions people have after an accident. Reviewing this information arms you with the tools required to move forward with confidence. When you know what option makes the most sense for your situation, you can plan your next step with peace of mind.

Can I keep my car if it is declared a total loss?2021-04-01T17:29:22-05:00

Yes, generally insurance companies will deduct the salvage value they can sell the vehicle for from the total loss evaluation and allow you to keep the title for the vehicle. While you will receive less money for the loss, you can keep your car if you want.

What do I do if my car was towed from the scene?2021-04-01T16:26:37-05:00

Texas law requires you to mitigate your damages. This means you have a duty to protect your property and cannot leave it in a storage facility. Storage facilities charge a daily fee and, even though you are waiting for the insurance company to accept fault, you will not be reimbursed for those fees.

Can I get a rental car while my car is being repaired or replaced?2021-04-01T16:28:21-05:00

If your car is declared a total loss, the policy will not cover a rental. If a rental is covered during repairs, your credit card will be used for the rental deposit. Generally, rental coverage is limited to the time period estimated for repairs and will NOT cover insurance or gas. Do not expect a comparable rental car (e.g. if you drove a large SUV, you are not entitled to a large SUV rental).

What if the at-fault party did not have insurance or if my damage exceeds the policy limits?2021-04-01T16:29:16-05:00

Unfortunately, this happens often. Look to your own policy to see if you have Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage to cover the repair or replacement.

Can I choose where I will get my car repaired?2021-04-01T16:25:37-05:00

You can get your car repaired wherever you choose, but you are limited by the total amount in the agreed estimate. If your repairs cost more than the agreed estimate, you will pay the difference.

What if I disagree with the property damage estimate or the vehicle evaluation proposed by the insurance company?2021-04-01T16:30:20-05:00

The insurance company will propose an estimate for the repair costs or the total value of your vehicle. If you disagree, you can get competing estimates that back up your position. For vehicle values, we recommend starting with Kelley Blue Book ( or NADA (

How much can I get for my property damage?2021-04-01T16:31:10-05:00

Texas law limits your property damage claim to either the amount of repair costs for the damage or the total value of the vehicle, whichever is smaller. The Texas minimum liability policy limits for property damage are$25,000. Texas is a “comparative responsibility” state, so your claim will be reduced by the percentage of your fault (if any).

Who do I file my property damage claim with?2021-04-01T16:32:33-05:00

The at-fault party’s insurance carrier will make the property damage estimate after they determine fault. If the at-fault party is uninsured or if you do not want to wait, then you can file under your own collision or uninsured motorist coverage, and your carrier will provide the estimate. If your insurance covers the damage, they will seek to recover the repair costs and deductible from the at-fault party or his carrier.

How long is the case process?2020-01-23T13:03:34-06:00

Let’s be honest: this isn’t a legal show on TV and your case will not settle in the next hour – or even tomorrow.  The true answer is: it depends.  We find that most cases settle within 7-10 months from date of incident; but the timeframe in your case could be shorter or longer depending on: the facts and circumstances of the accident; the length of time it takes you to complete medical treatment; and the character of the insurance company, or companies, involved in your case.  In the event that your case cannot settle pre-litigation and it becomes necessary to file a lawsuit, that process alone can take 1 to 2 years due to the court system and legal process necessary to prepare for trial.  But because so much of the timeline depends on the facts and circumstances of your unique case, call Thompson Law today to discuss. 

After an accident, how do my medical expenses and other damages get paid?2020-01-23T13:02:50-06:00

An insurance company will not pay medical expenses or other damages as they come due; rather, after they have accepted liability, the insurance company will make a one-time, lump-sum final payment only at the end of your case.  Dealing with medical expenses, and obtaining the proper medical care, after an accident can be tricky. But it does not have to be! Call the personal injury attorneys at Thompson Law, who can explain how to deal with the “day-of” hospital bills, how to continue to receive the care you need, and ultimately how to recover an appropriate settlement that takes care of your bills from the incident as well as fair and just compensation for you. 

I was hit by a car while riding my bike. What do I need to do?2020-01-23T13:02:15-06:00

Bike accidents unfortunately occur more and more often and can cause serious and severe injuries to the cyclist.   

First, stay at the scene.  As soon as it is safe, assess the situation and call 9-1-1 to report the incident.  

Second, when help arrives, receive emergency medical attention.  Get “checked out” even if you think you are okay—the trauma and shock of the collision can cause your body to block out pain and injury. Follow the medical advice of the emergency response team. 

Third, with assistance from the police, exchange and obtain information, such as insurance information as well as the names, addresses, and phone numbers of all witnesses, passengers, and drivers.  DO NOT discuss the facts and circumstances of the bike accident with anyone other than the investigating officer.   

Fourth, document the scene.  Make notes on paper or using your cell phone about the time of day; weather conditions; road or traffic conditions; lighting; location of the vehicles and involved parties; and any relevant road signs, traffic control devices (lights, stop signs, yield signs) etc.  Also, make sure to get photographs of your bike, the driver’s car, and the scene.  

Last, call Thompson Law Injury Lawyers today.  The experienced personal injury attorneys at Thompson Law will help you investigate all applicable insurance coverages and fight to get the compensation to which you are entitled.   

I was a passenger in an accident. Can I still claim damages?2020-01-23T13:01:51-06:00

Yes! Passengers in auto accidents are entitled to make claims for their damages and injuries too.  As a negligence-free passenger, who you make a claim against (one or both drivers and their insurance companies), and what coverages are available (third-party liability, first-party coverages, and/or personal injury protection), depends on the specific facts and circumstances of the car wreck.  Injured passengers should call the personal injury attorneys at Thompson Law to assist in navigating these complex issues so that they may receive the fair compensation they deserve.    

I was just in an accident. What do I need to do first?2020-01-23T15:44:56-06:00

Being in a wreck, especially on the highway, can be a terrifying experience. Remember these 6 steps to make sure you are safe and to help preserve your legal case right from the start: 

  1. GET SAFE. Stop your vehicle/move it to a safe place if you are able. Stay close to the scene without obstructing traffic. Activate your emergency flashing lights to prevent other cars from striking you. 
  2. CALL 9-1-1. If you are seriously injured, be sure you request an ambulance when you call. A police report may become critical evidence in determining liability in your case. The police will respond to wrecks involving injuries but may not send a unit for cases involving property damage only.  
  3. TAKE PHOTOS. If you are able to safely do so, take photos of your vehicle, the other vehicle (including the license plate), and the surrounding scene of the accident. You will also want to photograph the other driver’s license and insurance card.  
  4. GATHER INFO. After making sure you and passengers are okay, exchange contact information and insurance information with the other driver.  
  5. FIND WITNESSES. If there are witnesses to the accident, take down their names and contact information. Their statements may help resolve any liability disputes.  
  6. CALL THOMPSON LAW. The experienced team of attorneys, investigators and paralegals are ready to assist you right away. You can even call us to meet you at the scene of an accident.  
I’m in the hospital or unable to travel. How do I meet with a lawyer?2020-01-23T13:01:23-06:00

Thompson Law is available 24/7 to provide free consultations and to sign up new clients. We can sign you up over the phone or we can send one of our experienced licensed investigators to meet you at the hospital or at your home if you prefer. Whether you live in Arlington, Ft. Worth, El Paso, McAllen, or even outside of the state of Texas, we are always here to assist you and provide the resources you need at a difficult time. We do the hard work for you so that you can focus on healing from your injuries.  

Can I have a free consultation about my case?2020-01-23T13:00:51-06:00

Yes! Thompson Law is available 24 hours a day, 7 days a week to provide free consultations. If you have been injured in a truck wreck or car accident, hurt in a slip and fall incident, or otherwise injured from the negligence of another person or party, give us a call any time at 1-800-LION-LAW. We can speak to you over the phone, chat online through our website or social media outlets, or arrange an in-person meeting at your convenience. Our team is ready to help! 

How do I know you are the right personal injury attorney for my case?2020-01-23T12:59:54-06:00

The right personal injury attorney has three major characteristics: Excellent customer service, cutting edge technology, and a willingness to take cases and win at trial. Ask your potential attorney about the client experience they offer, what kind of technology they use to make your life easier, and when was the last time they took a case to jury trial. Asking these types of questions will give you guidance on what kind of experience you can expect as a client and what kind of results you can expect at the end of your case. Thompson Law, LLP has high ratings from clients for its emphasis on customer service, and its attorneys have achieved significant results on small, large, and complex cases alike. No matter if you have been involved in a minor car wreck or are dealing with catastrophic injuries from a rarer and more devastating event like terrible workplace accident, dog bite, or an 18 wheeler wreck, Thompson Law Injury Lawyers can assist you.  

I had a slip & fall accident. Do I need to hire a lawyer?2020-01-23T12:58:38-06:00

Absolutely.  Premises liability cases, sometimes called “slip and fall” accidents, can be difficult to prove and require prompt action to preserve the evidence and witness statements you will need to pursue a claim. Additionally, Texas law on premises liability has become extremely difficult to navigate and unfavorable for injured parties. Your chances of receiving fair and just compensation for your injuries from a slip and fall increase significantly with a tenacious personal injury lawyer on your side. 

How do I know you will take my case?2020-01-23T12:56:15-06:00

If you were injured as the result of someone else’s negligence, there is a good chance we can help you out. We will look at the facts of your accident, whether a car wreck, truck wreck, motorcycle accident, or on-the-job-injury and examine whatever reports or records are available. If we believe that you were injured and it was someone else’s fault, it is likely to be a case we can take. The more information and documentation you can give us about your accident and your injuries, the quicker we can evaluate your case and let you know.  Give us a call or reach out online anytime! 

The FAQ in this guide covers most of the questions people have after they are in an automobile accident. You must keep in mind, though, that personal injury law is complex and varies by state. Although the information in this guide can point you along the correct path, it won’t always give you the best results possible. For current laws related to your specific situation, contact us right away. 844-308-8180


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