Wayne Wright LLP - Car Accident FAQs
Personal Injury Attorneys Serving San Antonio, Corpus Christi, Austin, Houston, El Paso

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3: How much will I get?
Every case is different, and many factors contribute to the value of a case. We cannot determine in advance what your case is worth. We negotiate your claim and get the maximum recovery for your unique circumstances and case. However, regardless of your injuries and damages, the amount of money you recover is limited to the amount of insurance coverage carried by the other person.

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4: What if the other person's insurance is not enough?
In Texas, drivers are required to carry a minimum automobile insurance coverage of $25,000 per person and $50,000 per accident on their automobile. In some situations, such as those involving spinal cord injury and/or brain injury, the injured person's medical bills and other expenses exceed the money available from the at-fault person's insurance. If the compensation you are entitled to exceeds the policy limits, we conduct an asset check to determine if the at-fault driver has other resources. Legally, we can pursue a judgment against the at-fault driver, but if they have no assets, the judgment will not help. We will also look to other policies, specifically your underinsured motorist policy (UIM) and personal injury protection (PIP).

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5: What is UIM?
UIM is optional coverage you purchase to protect yourself against drivers who do not carry enough insurance. Use of your UIM coverage should not raise your insurance rates because this is a no-fault claim, meaning you are not responsible for your damages. You are entitled to use this coverage at no additional cost. Wayne Wright LLP can assist you with this type of claim. If you do not have UIM coverage, we highly recommend you purchase it.

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6: What is PIP?
Personal Injury Protection (PIP) is optional insurance coverage that you purchase to help pay for medical costs related to an accident. The minimum limit on PIP is $2,500 and most people who have PIP carry this amount. If you have PIP, we will submit your medical bills to your insurance carrier and they will pay you for those bills even if health insurance paid for all or a portion of the bills. Although PIP is an optional coverage, the state of Texas requires your insurance company to tell you about PIP coverage and to obtain your signature on a PIP Rejection Notice, if you chose to decline the coverage. If you do not have PIP, but your insurance carrier cannot produce your signed PIP Rejection Notice, they are liable for the minimum coverage. Your insurance company should not raise your rates because you used your Personal Injury Protection, but some carriers may try. If this happens to you, contact your insurance agent. If you do not have PIP, we highly recommend that you purchase it.

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7: What if the at-fault person does not have insurance?
If the at-fault driver does not have automobile insurance, they probably do not have any other assets to compensate you. If you have uninsured motorist coverage (UM), you can recover for your damages. UM is an optional coverage you purchase to protect yourself against drivers who break the law by not carrying any automobile insurance coverage. Use of your UM coverage should not raise your insurance rates because this is a no-fault claim, meaning you are not responsible for your damages. Wayne Wright LLP can assist you with this type of claim. If you do not have UM coverage, we highly recommend that you purchase it.

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8: Can you sue someone who doesn't have insurance?
You can sue a driver for not carrying insurance. However, if they don't carry insurance, it is likely that they don't have any assets. We can do an assets investigation for a fee. At Wayne Wright LLP, we pursue available insurance. If you would like to sue someone for breaking the law by not carrying insurance, we suggest you contact the local Bar Association for a list of attorneys who may be able to help you with this lawsuit.

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9: Can you send a drunk driver to jail?
It is your responsibility to contact law enforcement if you want to pursue this criminal matter. We do not handle criminal matters.

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10: Will you get me a rental car?
We will assist you in obtaining a rental car while your car is being repaired. The at-fault driver's insurance should pay for the rental car. If the other driver's insurance company has not accepted liability for the accident, they will not authorize a rental car for you. If your vehicle was towed after the accident, it may be in storage while we are waiting for the insurance company to evaluate the accident and accept liability. Once the at-fault driver's insurance company accepts liability, they will be responsible for any storage fees incurred. However, you have a duty to mitigate your damages. You may need to allow an appraisal or release your vehicle to avoid unnecessary expenses.

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11: Will you get my car fixed?
We will assist you with your property damage claim if you are the owner of the vehicle. At Wayne Wright LLP, this is a complimentary service to our clients. If you are not the registered owner of the vehicle, we will provide you with the claim information that you can give to the vehicle owner. However we can't help the registered owner of the vehicle with their property damage claim if we do not represent them.

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12: What if my car is totaled?
If your vehicle is deemed a total loss and cannot be fixed, the value of your car will be based on industry standards for the make, model and year of your vehicle. Your property damage claim would then typically settle for the Kelly Blue Book value of your vehicle.

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13: What if I owe more on my vehicle than it is worth?
Unfortunately, you will owe the difference. We recommend that you contact your lender and try to negotiate. We also recommend you consider gap insurance for future purchases.

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14: Will my vehicle be worth less since it has been in a wreck?
In some cases, yes. We will review your property damage claim for a possible "Diminished Value" claim. In a Diminished Value claim, you may be entitled to additional compensation if your vehicle will decrease in value beyond the Blue Book value. In order to determine this, the car will need to be repaired and either the insurance company or you will obtain an appraisal after the car is repaired. We submit the claim for payment, but the insurance company may not honor it. If we pursue a Diminished Value claim on your behalf, we will not be able to resolve the Property Damage claim prior to the Diminished Value claim.

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15: How soon do I need to tell my insurance company about the accident?
Notify your insurance agent immediately. They may need to process part or all of your entire claim. Then seek legal representation from Wayne Wright LLP. Do not give any statement to your agent or carrier unless we authorize you to do so.

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16: Do I speak with the other person's insurance company?
Do not discuss your case with anyone until you contact a skilled personal injury attorney at Wayne Wright LLP. The defendant's insurance company may try to blame you for the accident. Have the other insurance company contact us for information about your accident. We may still be able to assist you, even if you have already spoken with an insurance adjuster.

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17: Is there anything I should not do?
Do not admit fault for the accident to anyone, including the other driver, passengers, relatives, or police officers. The investigating officer may have you sign a citation, but this action does not admit guilt. Never disclose information about your insurance coverage, except as required by law, such as to a police officer or other driver involved int he collision. Disclosing insurance information without good reason may make you a target for other dirvers.

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18: Who will pay for my medical treatment and expenses?
The person who caused the accident and/or their insurance company is ultimately responsible for paying your bills. If the responsible driver is uninsured or underinsured, your own insurance policy may become involved. They may pay your medical expenses and other damages depending on your coverage. You may also be eligible for personal injury protection coverage.

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19: What happens if the other person has no insurance?
You may have uninsured/underinsured motorist coverage with your insurance. Our attorneys will determine the amount of coverage available and seek compensation from your insurance company. Send us your insurance paperwork immediately to safeguard your rights.

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20: What will I get for the property damage to my vehicle?
You should be offered the amount needed to return your vehicle to its original condition prior to the accident, or the fair market value amount of your vehicle if it is damaged beyond repair. Your insurance company may offer you a lesser amount than you are entitled to. Contact Wayne Wright LLP to assist you in making sure the amount that you are offered is fair under the law.

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21: How long will this take?
Each case is different so we cannot guarantee how long your case will take to resolve. Some cases take months, some take years. Many factors contribute to the length of time it takes to resolve a case:

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22: What is subrogation and why does Medicare hold a lien?
Medicare is a type of group health policy. If a patient does not have another healthcare plan, hospitals will likely submit the bill to Medicare. Strict federal guidelines entitle Medicare to be paid back if we recover from a third party. Although Medicare paid for the hospital services and has a lien, it often takes quite awhile for Medicare to provide the actual lien amount. We work diligently with Medicare to resolve this issue and make sure they are paid as is required by law. Other health insurance companies may also hold an interest in your potential recovery. We review your healthcare policy and advise you of your options.

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23: What if this happened during the course of my employment?
If you were in a company vehicle and were in a motor vehicle accident, we will advise you on your options. These claims are separate. Our attorneys have considerable experience handling these types of cases, including trucking accidents and construction accidents involving construction company vehicles.

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24: Does hiring an attorney add to lawsuit abuse?
No. Our objective is to recover the amount that our clients are entitled to. We do what is in the best interest of our clients. Lawsuits are expensive for everyone and we try to resolve our clients' cases prior to filing a lawsuit.

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25: Why are so many people calling me about my accident?
Once the police report about your accident is available, and often before that, you may receive calls from "solicitors" who will promise you money, medical care, rental cars, transportation to doctor appointments, and all kinds of things if you let them work on your case. Remember, if they are contacting you, it is too good to be true! Do not speak with them or sign anything because they may try to hold a lien on your recovery. At Wayne Wright LLP, we abide by the highest ethical standards. We do not solicit people who have been involved in an accident. Our clients contact us directly. If you have been solicited, please provide us with the solicitor's name and phone number and we will do our best to stop this illegal activity. Please read more about this issue and how to stop this abuse on our page about Solicitor Fraud.

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26: Why do I need Wayne Wright LLP?

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27: What do I have to do if Wayne Wright LLP represents me?

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28: What will Wayne Wright LLP do?