What You Need to Know: Filing a Insurance Claim After an Accident

Recently, Texas Bar Journal released an article by Jerome O. Fjeld containing valuable information for everybody to know when it comes to being involved in a car accident and dealing with insurance companies. Even though being involved in a car accident can be extremely traumatic for anybody, insurance companies can take advantage of those who do not immediately start the process of documentation. The first 24 hours after an accident can prove to be vital to proving your case, and ensuring you are fairly compensated for your bodily injuries and damages to your vehicle. 

Notes and Police Reports

· Write down everything that happened before and during the accident, taking note of weather conditions, road conditions and anything else that may have played a hand in an accident. 

· Exchange insurance information with the other driver and write down any contact information for witnesses, as well as notes from conversations. 

· Take detailed photos of the scene and any injuries, and take A LOT of photos. 

· Seek medical attention immediately. Insurance companies prey on claimants who delay treatment. 

· Call the police for a report, even if the accident seems like a minor one. Insurers will hold it against you if you try to file claim without a police report

Comparative Negligence

In Texas, we have a comparative negligence law. This means that damages are reduced by the amount that the injured party contributed to the accident. If the injured party is determined 51% or more responsible, no damages are paid at all. 

This makes even simple cases difficult because both insurance companies involved are trying to raise the other party’s at-fault percentage, so victims are forced to either self-advocate, or consult with an experienced attorney who can advocate on their behalf.

Statute of Limitations

The Statute of Limitations states how long a victim has to file a lawsuit. In Texas, the statute of limitations on car accidents, motorcycle accidents, truck accidents and bicycle accidents is two years from the date of the accident. 

Legal Advice

It is always in your best interest to speak with an experienced car accident attorney. The seemingly simplest claims can be affected by allegations of fault or the damages and injuries turning out more expensive than first expected. An aggressive attorney will be able to accurately assess the case and determine quickly how to go about getting reasonable compensation, as well as negotiate, on your behalf, with insurance companies.

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Ken Bigham Jr. has nearly three decades of experience navigating the law to protect his clients from unfair treatment by insurance companies, the government and corporations. He believes that Bigham Law’s purpose is to provide outstanding value to its clients and compassionate service to its community. 


Mr. Bigham and his staff have provided me with exceptional service. They have gone above and beyond to assist me with every detail regarding my case.

Tracie Corley, Texas

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