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What Does a Houston Car Accident Lawyer Do? The Claim, Step by Step

December 24, 2021

Written and legally reviewedWritten by Sam A. Maida, Jr., Owner and Managing Attorney · Reviewed by Bernard G. Johnson III, Litigation Managing Attorney

Published December 24, 2021 · Last updated October 5, 2026

Part of Houston Car Accident Claims · see also How can an experienced Houston car accident lawyer help me? · Talk to a Houston Personal Injury Lawyer if Insurance is Stalling · Houston Car Accident Claim Amount · How to Choose a Reputable Houston Car Accident Attorney

A car accident lawyer does five things on a claim: preserves the evidence, deals with the insurance companies, proves what the injuries cost, negotiates, and files suit before the deadline if the insurer will not pay fairly. In Texas that deadline is two years from the crash for a personal injury suit (Tex. Civ. Prac. & Rem. Code § 16.003(a)).

This article walks through those stages in the order they happen, with the Texas rule that governs each, so you can see what the work consists of and judge whether you need it. Information about the firm’s car accident practice, and how to reach us, is on the Houston car accident page.

The short version

First weeks: the crash report (filed by the officer within 10 days), photographs, video, witnesses, vehicle data.
Insurance: a claim against the at-fault driver’s insurer, and often claims on your own policy, which carry statutory deadlines for the insurer.
Proof of loss: medical records and bills, lost income, and how the injury has changed daily life.
Negotiation: offers and statements made in compromise talks are not admissible to prove or disprove the claim (Rule 408).
Fee: a contingent fee agreement must be in writing and state how the fee is determined (Rule 1.04(d)).

What does a car accident lawyer do in the first weeks after a crash?

Secures the evidence before it is lost. That means getting the officer’s crash report, photographing the vehicles and the scene, asking businesses and agencies to keep their video, interviewing witnesses while they remember, and putting the other driver’s insurer on notice that you are represented, so that its adjusters stop calling you.

The investigating officer files a written report with the state within 10 days when a crash involves injury, death or at least $1,000 in apparent damage (Tex. Transp. Code § 550.062(a)-(b)), and a person involved or their authorized representative can obtain it (Tex. Transp. Code § 550.065(c)(4)). The lawyer also identifies every policy that may apply: the other driver’s, the vehicle owner’s, an employer’s if the driver was working, and your own.

How does the insurance claim work?

There are usually two kinds. A claim against the at-fault driver’s insurer is a liability claim, paid in a single settlement at the end. A claim on your own policy, for personal injury protection, medical payments or uninsured/underinsured motorist coverage, is a first-party claim, and Texas sets deadlines for how fast your insurer must respond.

What a Texas insurer must do on a claim under your own policy
Step	Deadline	Section
Acknowledge the claim, begin investigating and request what it needs from you	15 days after receiving notice of the claim	Tex. Ins. Code § 542.055(a)
Accept or reject the claim in writing	15 business days after receiving all the items, statements and forms it required	Tex. Ins. Code § 542.056(a)
Pay a claim it has agreed to pay	5 business days after giving notice that it will pay	Tex. Ins. Code § 542.057(a)
If it delays payment more than 60 days after receiving everything it reasonably requested	It owes the claim plus interest and reasonable attorney’s fees	Tex. Ins. Code §§ 542.058(a), 542.060

These deadlines apply to first-party claims, meaning claims by an insured under his or her own policy (Tex. Ins. Code § 542.051(2)), not to a claim against another driver’s insurer. Read October 5, 2026.

How does a lawyer prove what the claim is worth?

With records, not estimates. Medical records and bills show the treatment and its cost; employment records show lost income; and the injured person, family and treating doctors describe the pain, the limits on daily life and what care will be needed in future. Texas law sorts these into economic and noneconomic damages.

Economic damages compensate for “actual economic or pecuniary loss”; noneconomic damages cover physical pain and suffering, mental or emotional pain or anguish, disfigurement, physical impairment, loss of enjoyment of life and similar losses (§ 41.001(4), (12)). Medical expenses are recoverable in the amount actually paid or incurred by or on behalf of the claimant (Tex. Civ. Prac. & Rem. Code § 41.0105). Our article on what a Houston car accident claim is worth goes through the arithmetic.

What happens in a settlement negotiation?

The lawyer sends the insurer a demand with the evidence of fault and the proof of loss, and the two sides exchange offers. The other driver’s share of fault and yours are argued over, because under Texas law your recovery is reduced by your percentage of responsibility and barred if it is greater than 50 percent.

The fault rules are Tex. Civ. Prac. & Rem. Code § 33.001 and § 33.012(a); we explain them in how shared fault works in a Texas injury claim. What is said in these talks is protected: under Rule 408 of the Texas Rules of Evidence, offers to compromise and statements made during compromise negotiations are not admissible to prove or disprove the validity or amount of a disputed claim. The decision to accept or refuse an offer is the client’s.

What if the insurance company will not pay a fair amount?

The lawyer files suit. The case then moves through written questions and document requests, depositions, often a mediation, and trial if it does not settle. Suit must be filed within two years of the crash, generally in the county where the crash happened or where the defendant lives.

The deadline is § 16.003(a); the general venue rule is Tex. Civ. Prac. & Rem. Code § 15.002(a). Most cases settle after suit is filed and before trial, but an insurer’s offers are shaped by whether it believes the lawyer on the other side will try the case. How long each stage takes is covered in how long a personal injury case takes in Texas.

How is a car accident lawyer paid?

Usually by a contingent fee: a percentage of the recovery, owed only if there is one. Texas requires the agreement to be in writing and to state the method by which the fee is determined, the percentage at each stage if it changes, and how expenses are deducted.

Those requirements are in Rule 1.04(d) of the Texas Disciplinary Rules of Professional Conduct, which also requires a written statement at the end of the matter showing the outcome, the remittance to the client and how it was calculated. Ask to read the agreement before you sign it. The attorneys at Maida Law Firm are Sam A. Maida, Jr. and Bernard G. Johnson III.

Questions people ask about hiring a car accident lawyer

Do I need a lawyer for a minor car accident?

Not always. If no one was hurt and the only loss is vehicle damage, most people settle the property claim with the insurer themselves. A lawyer adds the most where there is an injury, a dispute about fault, a driver with little or no insurance, or an insurer that has stopped responding.

When should I call a lawyer after a car accident?

Early, and before giving a recorded statement to the other driver’s insurer. Evidence such as video is often kept for only a short time, and the two-year period to file suit in Civil Practice and Remedies Code § 16.003(a) runs from the day the cause of action accrues.

Is what I tell a lawyer in a first meeting confidential?

Under Rule 503 of the Texas Rules of Evidence, a client includes a person who consults a lawyer with a view to obtaining professional legal services, and the client has a privilege to refuse to disclose confidential communications made to facilitate the rendition of those services.

How fast does my own insurance company have to answer my claim?

On a first-party claim, an insurer must acknowledge the claim and begin its investigation within 15 days of receiving notice, and must accept or reject the claim in writing within 15 business days after it receives everything it required (Insurance Code §§ 542.055, 542.056).

Can the other side use my settlement offer against me in court?

Evidence of offering or accepting a valuable consideration in compromising a claim, and conduct or statements made during compromise negotiations, is not admissible either to prove or disprove the validity or amount of a disputed claim (Texas Rules of Evidence, Rule 408(a)).

To talk with an attorney about a crash, call Maida Law Firm at (713) 785-9484 or use the contact page. The office is at 8313 Southwest Freeway #102, Houston, TX 77074.