What to Expect When the Other Driver Files a Bodily Injury Claim Against You in Dallas
What’s Covered on This Page
- What happens right after the other driver files a bodily injury claim against me in Dallas?
- Do I have to go to court if someone files a bodily injury claim against me?
- What is a common mistake people make when a bodily injury claim is filed against them?
- How does Texas law affect who pays when both drivers share fault in a Dallas accident?
- What if the other driver’s medical bills are more than my insurance policy covers?
- Should I contact the other driver after a bodily injury claim is filed against me in Dallas?
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Frequently Asked Questions
Common questions about what to expect when the other driver files a bodily injury claim against you services in Dallas
What happens right after the other driver files a bodily injury claim against me in Dallas?
Your insurance company takes over and handles the claim on your behalf. They assign a claims adjuster who will contact you for your side of the story. This happens whether the accident was on I-35E or a side street in Deep Ellum. Your job is to stick to the facts you know. Don’t guess or apologize. The adjuster uses what you say to help decide the value of the claim, so every word matters.
Do I have to go to court if someone files a bodily injury claim against me?
Most bodily injury claims never go to court. Your insurance company handles the negotiation and settlement process for you. If a lawsuit is filed, your insurer is required by law to provide you with a defense attorney. You don’t pick that attorney — your insurance company does. Soft tissue claims often resolve in 60 to 90 days. Claims involving surgery or serious injuries can take much longer to settle.
What is a common mistake people make when a bodily injury claim is filed against them?
One of the biggest mistakes is giving a recorded statement without thinking it through first. Many people apologize, guess at details, or say things they aren’t sure about. Anything you say can affect how the claim is valued. Even a friendly text to the other driver asking about their injuries can hurt you later. Stick to what you know for certain and let your insurance company handle the communication.
How does Texas law affect who pays when both drivers share fault in a Dallas accident?
Texas uses a modified comparative fault rule. If you are found more than 50 percent at fault, you can be held fully responsible for the other driver’s damages. If both drivers share fault, the payout is reduced based on each person’s percentage of blame. This rule applies to every accident in Dallas, from a fender bender near Parkland Memorial Hospital to a highway crash on the LBJ Freeway. Fault percentage makes a big difference in what gets paid.
What if the other driver’s medical bills are more than my insurance policy covers?
If the other driver’s bills go beyond your policy limits, you could be personally responsible for the difference. Texas requires a minimum of $30,000 in bodily injury liability per person. A serious accident that sends someone to Parkland Memorial Hospital for surgery can easily exceed that. This is why understanding your coverage matters. Our parent page on bodily injury claims in Dallas covers what your options are when damages go beyond your policy limits.
Should I contact the other driver after a bodily injury claim is filed against me in Dallas?
No — do not contact the other driver once a bodily injury claim has been filed. Let your insurance companies communicate directly with each other. Any contact you make, even something that seems friendly, can be used against you later. This includes texts, phone calls, and social media messages. If you are unsure what steps to take next, speaking with a personal injury attorney who handles Dallas claims can help you avoid costly mistakes.
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