Austin Car Accident FAQ

After an Austin car accident, you likely have dozens of questions about your rights, the legal process, insurance claims, and what to expect. At McFarlane Law, we answer these questions every day. Below are the most frequently asked questions from our Austin car accident clients, along with straightforward answers. For advice specific to your situation, call (512) 222-4900 for a free consultation.

How Long Do I Have to File a Car Accident Lawsuit in Texas?

The statute of limitations for personal injury claims in Texas is two years from the date of the accident. If you miss this deadline, you permanently lose the right to file a lawsuit. However, certain situations may shorten this deadline — claims against government entities require formal notice within six months of the accident. We strongly recommend contacting an attorney well before any deadline approaches to allow adequate time for investigation, medical treatment, and case preparation.

Should I Talk to the Other Driver’s Insurance Company?

No — at least not without consulting an attorney first. The other driver’s insurance adjuster is not on your side. Their goal is to gather information they can use to deny or reduce your claim. You are not required to give a recorded statement to the other driver’s insurer. Politely decline and refer them to your attorney. Even seemingly harmless statements can be used against you. Read more about insurance company tactics and how we counter them.

What If the Other Driver Does Not Have Insurance?

If the at-fault driver is uninsured, your own Uninsured Motorist (UM) coverage can provide compensation for your injuries. UM coverage is designed exactly for this situation. If you do not have UM coverage, other options may be available — including MedPay, PIP, or claims against third parties who contributed to the accident. An attorney can help identify all available sources of recovery.

What If I Am Partially at Fault for the Accident?

Texas follows a modified comparative fault rule. You can still recover compensation as long as you are 50% or less at fault. Your damages are reduced by your percentage of fault. For example, if your damages are $100,000 and you are found 25% at fault, you recover $75,000. If you are 51% or more at fault, you are barred from recovery. Insurance companies often exaggerate the victim’s fault to reduce payouts, so having an attorney to fight unfair fault allocation is important. Learn more about liability and fault determination.

How Much Is My Car Accident Case Worth?

Every case is different, and the value depends on factors including the severity and permanence of your injuries, the total medical expenses incurred, your lost wages and future earning capacity, the impact on your quality of life, the clarity of liability, and the available insurance coverage. Minor soft tissue injuries may result in settlements in the thousands, while catastrophic injuries and wrongful death cases can be worth hundreds of thousands to millions of dollars. The best way to get an accurate estimate is a free consultation with an experienced attorney.

How Long Will My Case Take?

The timeline varies significantly based on injury severity, liability complexity, and insurance company cooperation. Minor injury cases with clear liability may settle in 3-6 months. Moderate cases typically take 6-12 months. Serious injury cases often take 12-24 months. Cases that go to trial can take 2-3 years or more. Read our detailed guide on how long it takes to settle a car accident case.

Do I Have to Go to Court?

The vast majority of car accident cases (approximately 95-97%) settle without a trial. Your case may resolve through insurance negotiations or mediation. However, if the insurance company refuses to offer a fair settlement, filing a lawsuit — and potentially going to trial — may be necessary to protect your rights. Having an attorney who is willing and prepared to try your case gives you significantly more negotiating leverage. Read more about whether you will need to go to court.

What Should I Do Immediately After a Car Accident?

Move to safety, call 911, exchange information with the other driver, document the scene with photos and video, collect witness contact information, seek medical attention immediately (even if you feel fine), report the accident to your own insurance company, do not admit fault or apologize, do not give a recorded statement to the other driver’s insurer, and contact an attorney before making any decisions about your claim. Read our comprehensive guide on what to do after a car accident.

How Much Does a Car Accident Lawyer Cost?

McFarlane Law handles all car accident cases on a contingency fee basis. This means you pay nothing upfront, there are no hourly fees, we advance all case costs, and our fee is a percentage of the recovery — if we do not win, you owe us nothing. This arrangement ensures that everyone has access to quality legal representation regardless of their financial situation.

Can I Still Recover Compensation If I Have Pre-Existing Conditions?

Yes. Texas follows the “eggshell plaintiff” doctrine, which holds that a negligent driver takes their victim as they find them. If the accident aggravated a pre-existing condition, the at-fault driver is liable for the aggravation. Insurance companies frequently try to blame symptoms on prior conditions rather than the accident, which is why having an attorney who can present clear before-and-after medical evidence is essential.

What If the Other Driver Was Driving for Work?

If the at-fault driver was acting within the scope of their employment at the time of the crash, their employer may be vicariously liable under the doctrine of respondeat superior. This is significant because employers typically carry much larger insurance policies than individual drivers. Commercial vehicle accidents — including truck accidents and delivery vehicle crashes — frequently involve employer liability.

Still Have Questions? Contact McFarlane Law

Every car accident case is unique, and general answers may not address the specific circumstances of your situation. The best way to get answers tailored to your case is a free consultation with an experienced personal injury attorney. Call McFarlane Law at (512) 222-4900 or fill out the form on this page. We are here to help.