Author: Shelby Benavidez
Contributing Attorney: Sean Szlachtowski
Even a fender bender on MoPac or I-35 can turn into a frustrating situation. If no one’s hurt, it might feel like no big deal. However, what you do next can have critical financial, and sometimes even legal, consequences.
Whether you were rear-ended near South Lamar or sideswiped on South Congress, you’ll want to know how to deal with insurance, get your car fixed, and figure out whether it’s time to call a lawyer. Here’s what to keep in mind if you’ve been in a non-injury car accident in Austin.
Filing a Claim
Do I Report a Crash to my Insurance If It Wasn’t My Fault?
Regardless of who’s at fault, both drivers should report the crash to the authorities and their insurance companies. The other driver may admit fault at the scene, but once insurance gets involved, their story could change. We see this happen all the time. If you’re trusting the other driver to take care of everything, it’s likely that they’ll ghost you and never report the accident. You don’t want to get stuck with the bill.
“By filing a claim and contacting insurance after a non-injury car accident, you could reduce the time it takes to receive compensation for your property damage,” said Sean Szlachtowski, Daniel Stark attorney.
Not to mention, Texas insurance policies usually require you to report any accident, no matter who caused it. If you choose to delay notifying your insurance company, the other driver may claim that you’re at fault, leaving you responsible for the damage to both vehicles. Additionally, if you fail to report to your insurance, they may deny your claim, drop your coverage, or raise your insurance premiums. In Austin, where traffic is unpredictable and accident reports are common, notifying your insurer as soon as possible is the safest move.
Is It Better to Use Your Insurance or Theirs?
If the other driver caused the wreck, you’re legally required to file a third-party claim with their insurance. However, some insurance companies drag their feet or try to shift blame. That’s why many people in Austin try to go through their own provider to get things moving faster after a non-injury crash, especially if they have collision coverage.
“You should always file a claim with the at-fault driver’s insurance company. In Texas, a driver is required by law to carry a minimum of $25,000 coverage for property damage,” Szlachtowski said. “After filing a claim with the at-fault insurance, you should contact your own insurance. By doing so, you are putting them on notice that you might have a claim if the at-fault party doesn’t have adequate insurance or is being unresponsive.”
Your insurance company might pay upfront and then try to recover the money from the at-fault driver’s insurer. This is called subrogation, and if that happens, you might get your deductible back later. Just know that even using your own insurance can potentially affect your premium, depending on your policy.
Do You Have to File a Claim?
Sometimes people choose not to go through insurance after a non-injury car crash if the damage is minimal and the other driver offers to pay out of pocket. That might work in rare cases, but it’s risky. While we want to give people the benefit of the doubt, the other driver may offer this as a way to get out of being held responsible. So, we don’t recommend going this route. Without filing a claim, there’s nothing to hold the other driver accountable if you realize the damage is worse than you thought.
Even if you have all the documentation including photos, plate numbers, and driver information, delaying a claim can create a major headache later on. If you do decide to wait, be sure to document every conversation you have with the other driver in writing. If your mechanic discovers something more serious after inspection, it’ll be difficult to backtrack without a written record.
The fact of the matter is that what appears to be a small scratch can lead to bigger problems that aren’t immediately visible. File the claim unless you’re absolutely sure it’s not worth it. Even then, talk to your insurer first.
Financial Concerns
Will Insurance Pay Out If It Wasn’t My Fault?
Usually, yes. If the other driver was at fault, their liability insurance should cover your car repairs, a rental, and other out-of-pocket costs related to the non-injury accident. But just because they should, doesn’t mean they will—at least not right away.
Their insurer will do an investigation, and they might take their time. Photos, a police report from Austin PD or Travis County Sheriff, and witness statements all help speed things up.
And if the other driver didn’t have insurance – which unfortunately isn’t all that rare in Texas – you’ll be glad if your own policy includes uninsured/underinsured motorist coverage (UM/UIM).
“If you have UIM coverage, it may help cover the remaining amount of property damage after the other driver’s limits have been reached. UIM coverage is not mandatory to have in Texas, but you must sign a rejection if you do not want it added to your policy,” said Szlachtowski. “If you do not have UIM coverage, you may be responsible for paying out of pocket for the remaining damage. It’s always best to familiarize yourself with your policy to see what coverage you do have.”
How Much Are Most Car Accident Settlements?
For non-injury accidents in Austin, most settlements range from $3,000 to $15,000, depending on the extent of the damage and whether there’s any dispute about fault. That typically covers repair costs, a rental car, and sometimes towing or other related expenses.
However, a lot goes into determining a settlement, even for non-injury claims. The type of car you have, whether it is leased or owned, where your car was manufactured, and the type of damage all play a part in determining what the damage is worth. Newer or foreign vehicles are often more expensive to fix, so you could get a bigger payout to cover the cost of repairs.
Unfortunately, you are also limited to the coverage of the other driver. A driver working for a rideshare company will usually have a bigger policy than someone with minimal coverage. Let’s say a driver has a policy that covers up to $25,000 in property damage. Even if your car repairs exceed that amount, they won’t pay you any more.
The key is to gather solid proof. Take photos of the scene if you can, keep all of your receipts, and get estimates from reputable local shops. There are plenty around Burnet Rd or South Congress.
Will My Insurance Go Up After a Claim?
If you weren’t at fault, your rates might stay the same, but it’s not guaranteed. Some Austin drivers have seen increases after no-fault claims, especially if they’ve had previous accidents.
Texas doesn’t have strict laws stopping insurers from raising your premium even if someone else hit you. That’s why it’s smart to ask your agent directly about how a claim might affect your rate. If it does go up, don’t be afraid to shop around. Austin’s competitive insurance market means you might find a better deal elsewhere.
When Should You Call a Lawyer?
If the Insurance Company Denies Liability
If the other driver’s insurance company refuses to take responsibility, things can stall out fast. Even with dashcam footage or a police report on your side, the insurance company is in the business of minimizing payouts. If they have an opportunity to deny your claim, they will.
Szlachtowski said, “An attorney can help you file a property damage claim with the other driver’s insurance or your insurance. A lawyer who deals with car wrecks and insurance can help, especially when the insurance is being difficult or unresponsive.”
In this case, talking to a local attorney who handles non-injury auto claims in Austin can make a big difference. They know how insurance companies work, know all their tricks, and have the knowledge and experience to negotiate with insurance companies. If needed, an attorney can help you file a lawsuit to get things moving.
When You Get a Lowball Offer
It’s pretty common for the insurance company to send you a settlement check that barely covers repairs—if that. Once you accept an offer, there’s no going back later to ask for more.
A lawyer can review the offer and let you know if it’s fair. Sometimes, just having a lawyer in your corner is enough to get the insurance company to up their offer. They know who’s serious about pushing back.
When the Other Driver Doesn’t Have Insurance
Texas requires drivers to carry insurance, but not everyone follows the rules. If you get hit by an uninsured or underinsured driver in Austin, things get tricky. Your UM/UIM coverage can help, but your own insurer might treat you like a third-party claimant and make you jump through hoops.
At that point, you will want to contact a lawyer. They can talk to the insurance company, help you navigate your own policy, and if necessary, take civil action against the other driver’s insurance to recover damages.
If You Realize You’re Actually Injured
It’s not uncommon to walk away from a crash thinking you’re fine, only to feel neck pain, back pain, or headaches a day or two later. Adrenaline can mask symptoms, and injuries like whiplash, soft tissue damage, or even concussions don’t always show up right away.
“When you get in a car crash, your mind is racing, and you might not even realize you are injured until days later,” Szlachtowski said. “A lawyer can help determine if you have a personal injury claim, determine what doctors you might need to see, and handle any issues with the insurance companies.”
If that happens, talk to a qualified personal injury attorney as soon as possible. Insurance companies may downplay your injury or question the timing, especially if you didn’t report it immediately. In Texas, you have the right to seek compensation for medical bills, lost wages, and pain and suffering, but the longer you wait, the harder it is to prove your case.
“Don’t wait too long to contact a lawyer because in Texas, you only have two years from the date of the accident to file and resolve a personal injury claim with the insurance company,” said Szlachtowski. “If your claim has not been settled or brought to lawsuit by the end of two years, you risk losing your right to the claim forever. Contacting a lawyer can help ensure that you don’t lose the right to your personal injury claim.”
A local injury lawyer can help you get checked out by a trusted medical professional, document your symptoms properly, and make sure your claim reflects the true impact of the accident – even if it didn’t feel serious at first.
Just because no one went to the hospital doesn’t mean you’re in the clear. A simple accident in Austin can turn into a bigger problem if you don’t handle it right. Document everything, file a claim when needed, and don’t hesitate to get a second opinion if the insurance process feels off.
If you’re unsure about whether to bring in a lawyer, many Austin firms like us here at Daniel Stark offer free consultations. Sometimes a quick chat is all it takes to understand your options and make sure you don’t end up paying the price for someone else’s mistake.
