Should I File a Claim After a Car Accident Against the Other Driver?

should you make a personal injury claim


If you were in an accident and it was another driver's fault, you have the option of making a claim against their insurance company. Money from a claim would be used to pay for your medical bills, property damage, lost wages if you had to miss work, pain and suffering. 

Common Doubts About Making a Claim

Though the decision seems straightforward, lots of people get stuck. They aren't sure if making a claim is the right thing to do. Will it be time consuming? Do they even have the evidence they need to succeed? Some common fears include: 

  • You don't think you can win your case
  • You aren't sure who to call
  • You worry it will be too time consuming
  • You know the other driver and don't want to cause bad blood
  • You "aren't the kind of person" who files claims
  • You've filed a claim in the past and it went poorly
  • You think society it too litigious
  • You'd rather work something out with the driver personally
  • You worry that if you needed a lawyer, you couldn't afford one

ALSO READ: Deadline For Filing Personal Injury Claims  

What You Need to Know Before Making a Claim

These are all legitimate concerns. The decision to pursue a claim is a personal one, but there are a few things you should know before making the decision. 

First, when you make a claim against another driver, you're really claiming against their insurance. It's why we all have insurance in the first place - to protect ourselves and others in case we wreck. If the other driver has insurance, you should use it. 

Making a claim is the only way you're going to be compensated for your medical bills, damages and other accident related costs. The justice system isn't set up to compensate accident victims in any other way. If you're going to recover money from the at-fault driver, you'll need to make a claim. 

Last, you should know there's a deadline on this decision - two years from the date of the accident. It's called the Statute of Limitations, and it's very strict. 

FREE DOWNLOAD: How to Make a Successful Car Accident Claim in Texas

If You've Been Seriously Hurt in an Accident

People who've been seriously hurt in an accident face more than just medical bills and missed work days. They also face a loss of enjoyment of life, physical pain and mental suffering. You can be compensated for all of these things if you make a claim. 

Anybody who has been seriously hurt in an accident knows that the trauma is very real and can even be life-altering. Pain can affect everything you do. It can prevent you from living your life the way you want to live it. People who are hurt or permanently disabled often miss out on family activities like playing sports and games with their children. They may even be injured so bad that they have trouble just picking up their young children. Those more seriously injured are looking at years and years of potential pain, suffering and loss of enjoyment of life.

Download My Free Insurance Guide

Want to learn more about auto insurance in Texas, and what you really need to be fully covered? I wrote a free guide for Texas drivers to help them make the right choices - and to prevent costly mistakes - when choosing an auto insurance policy. You can download my guide here.

Mark A. Anderson
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Board Certified Personal Injury Lawyer in Fort Worth, Texas