In the event that negotiations fall through and a settlement cannot be reached, your case may need to be tried in front of a judge and jury.

If or when it is clear that the insurance company is unwilling to cooperate despite clear evidence of their insured's negligence, your attorney will file a lawsuit against the defendant.

It's very important to remember that your attorney would be suing the person that harmed you - not the insurance company. The insurance company will try to settle on behalf of their insured or they will hire lawyers to defend their insured in a lawsuit.

Did you know that in a trial we are not allowed to disclose that the defendant has insurance?

It's true! Even though it is fairly common knowledge that motorists are required to carry liability insurance, we are not allowed to mention it. This is so that the jury is not swayed into thinking the defendants can or cannot pay the potential amount the jury might award to the plaintiff.

This is a result of the power that the insurance lobby has over Texas law. That's a big win for the insurance companies but not always for the injured party. Insurance can prey on the sympathy the jury might feel for the defendant's ability or inability to pay for the plaintiff's damages.

On top of that, we have to pretend as if the defendant will be paying out of his or her own pocket for any potential verdict even though it is the insurance company who will pay.

What can I do as a passenger in an accident?

It's important that passengers take the right steps after an accident to protect their potential claim. It may seem awkward to request insurance information if the at-fault driver is a friend, co-worker, or relative. However, that is exactly what liability insurance is for.

• Take pictures of the scene and any visible injuries on your person
• Collect the insurance information from all drivers involved
• Get checked out by a doctor to make sure there were no internal injuries
• Document your lost wages and medical treatment received due to the accident
• File claims with all insurance companies, including your own if you have one
• Consult with a personal injury attorney

Never tell an insurance company that you were not injured

You may seem fine at first, but car wrecks often leave behind latent injuries that can take days, weeks, and in some cases, months to fully manifest. In fact, do not discuss your injuries with the insurance company at all.

Insurance companies are skilled in asking questions that have hidden legal implications in order to minimize your pain and suffering. Even everyday questions, such as "How are you?", can be used against you.

You should refrain from discussing your injuries until you have completed any treatment plans outlined by your doctor. It is best to consult with a personal injury attorney who can handle these conversations on your behalf and file a lawsuit to protect your rights.

Why would I file a claim on my own insurance if I was the passenger in someone else's car?

You may have additional coverage on your own auto insurance policy, such as Personal Injury Protection (PIP) or Uninsured and Under Insured Motorist (UM/UIM), which can be critical if the at-fault driver does not have insurance or does not have enough insurance to cover your injuries.

When in doubt, it is always best to call the police to make a report.

Once a police officer arrives, their job is to be a neutral third party and to document as much evidence as possible, including date, time, weather conditions, vehicle damages, injuries, identifying information for the individuals involved, witness statements, and video evidence (when available).

Based on the evidence collected, officers will typically assign contributing factors to determine who is at fault or majority at fault.

Unfortunately, officers can make mistakes on these reports.

We have seen them all and they do occur more often than you may think. If the law enforcement officer got some objective information wrong, details about your vehicle, your insurance coverage, or the location of the accident, for example, you can probably get the report changed or amended as long as you provide documentation in support of the correction.

Critical errors, such as an officer attributing fault to you because of a misunderstanding, the officer siding with the other driver, assigning contributing factors to the wrong party or not obtaining a statement from an involved party, may require more effort on your part to have corrected, though, not impossible.

It is not always easy to get a police officer to change a report.

If you simply don't agree with something that is in the report, such as an account of the accident given by a witness, or the officer's finding that you violated a traffic law, you'll have a much tougher time getting any change made.

In that situation, the best you can probably do is write up your own version of the detail you are disputing and hope that it be included as a supplement to the report. In most cases, whether it is added to the report or not will be up to the law enforcement agency.

Contact the police officer or police department responsible for making the report.

Once you have gathered your facts and details, it is time to contact the police officer or department to request the report be updated or changed. Remember:

• Stay calm and be polite, patient, and professional.
• Be sympathetic and tell them you understand their job isn't easy.
• Don't take the issue to a supervisor unless absolutely necessary.
• Understand the officer may be in a contested situation in which both drivers want the report changed.
• Calmly provide your facts and information in an organized manner.

If you find you are not getting anywhere with the police officer or department, it may be time to consult with an attorney regarding your personal injury case.

You may be entitled to compensation if you’ve been injured because of the negligent driving of an intoxicated driver. You have an additional right to sue any establishment that served the driver alcohol. This is a legal statute known as DRAM shop law.

It can be challenging to navigate the legal process alone, but with the help of a DWI accident attorney, you may be able to receive compensation for your injuries.

The legal process will begin by filing a personal injury claim against the intoxicated driver. You will need some documentation from your medical provider in order to document your damages. Your attorney can help you file this claim and will walk you through all the various forms needed for your case.

Under Texas law, a vendor of alcoholic beverages may be held liable for damages caused by an intoxicated person if the vendor served or provided alcohol to the individual when it was apparent that they were obviously intoxicated. The law applies not only to bars and restaurants but also to other vendors of alcohol, including liquor stores and convenience stores.

DRAM shop law does not relieve the intoxicated person of personal responsibility for their actions, nor does it excuse the victim's own negligence or fault in causing the injury or damages. The law does not apply if the individual who was served alcohol was a minor.

Due to the complex nature of car wrecks caused by drunk drivers, you should consult with a personal injury lawyer who can advise you on your legal rights and options under Texas law.

How long you can keep a rental depends on a variety of factors. Those factors may include:

• The severity of the accident.
• The amount of time it will take for repairs to be completed.
• The terms of your rental agreement with the rental company.
• The terms of the insurance company paying for the rental, where applicable.

In many cases, the rental company or insurance provider will cover the cost of a rental car for the duration of repairs to your damaged vehicle, up to a certain limit. This could range from a few days to a few weeks or even longer.

If you need the rental vehicle longer than the time allowed by your rental or insurance agreement, you may need to pay out-of-pocket to extend the rental duration. If the damage to your vehicle is extensive, it may take longer to repair, which could result in a longer rental period.

Read: Do I need GAP insurance? Is it worth it?

Additionally, if the accident was not your fault and you are waiting for the other driver's insurance company to cover the cost of the rental, the length of the rental period could depend on how fast the other driver's insurance company processes your claim.

There are scenarios in which you may have to pay out-of-pocket to obtain a rental car, such as:

• You didn't have rental assistance on your own policy
• The at-fault party did not have insurance coverage
• The at-fault party's insurance company is disputing liability

It's important to review the terms of your rental agreement or insurance policy to determine the specific length of time and dollar allowance per day you are entitled to for a rental car. Your rental or insurance agent will be able to answer questions or concerns about the terms of your rental car.

To obtain a rental, you will need to file a claim against the at-fault driver's insurance and check your insurance policy to see if you have rental coverage.

After an accident, insurance companies will conduct an investigation to determine who caused the accident. In the best-case scenario, the at-fault party's insurance company will accept liability right away and their insurance company will cover the cost of a rental vehicle.

More often than not, liability may be disputed. This means that one or both insurance companies need more evidence to determine who exactly caused the accident.

If this happens to you, you may need to use your own rental coverage on your policy to get into a rental car ASAP. If you don't have the coverage on your own policy or can't afford to pay for a rental out-of-pocket, you will have to wait until the at-fault party's insurance company accepts liability.

This also means that if you did not have rental assistance on your insurance policy and the other person was uninsured, you will be responsible for obtaining your own rental vehicle.

How long will I have a rental car after an accident? Read more.

Never give a statement or sign anything without consulting with an attorney first. Even a greeting, such as "how are you doing today?", can be used to make it sound like you weren't hurt at all. In some cases, they'll try to place the blame on you!

Insurance adjusters are trained to use anything you say to diminish the value of your case. Attorneys are here to make sure that they don't. You should hire an injury attorney as soon as possible and refer all questions about your injuries to your attorney. #CallMyLawyer

Our attorneys know that insurance adjusters are not there to help you. They are there to protect the company and their own interests. They will try to get you to settle for less than what you deserve and they don't care if you get the medical treatment you need.

In a jury trial, the defendant (at-fault, negligent party) always has insurance on their side.

The defendant's lawyers are provided by their insurance company to defend them from the lawsuit. However, during the trial - no one is allowed to even mention that insurance companies are involved. You can't even say the word "insurance" for fear of a mistrial.

This is one of the best kept secrets helping the insurance companies maintain their position as one of the most profitable industries in the world! Insurance companies are not keen to let this information out to their customers.

Even though liability insurance is a requirement in Texas, insurance companies don't want people to know that the defendants in a jury trial have liability coverage in case they are ever sued to avoid paying out big awards to the plaintiffs (injured victims).

They are preying on the sympathy of the jury - hoping they will assume the defendant can't possibly pay a big settlement on their own even though it is the insurance company who will pay.

Have a question of your own? Email us at info@seriousinjury.legal OR reach out to us on social media.

Responsible drivers will own their mistakes and should carry insurance to protect themselves and their passengers. We always recommend consulting with a personal injury attorney about your specific circumstance after a serious car accident.

In the best-case scenario, your driver has insurance.

You do not need permission from the driver in order to file a claim against them as their insurance company will be the ones responsible for paying for the damages they caused. However, we understand that there could be hesitation to pursue a claim and potentially sue the driver if they are someone you know personally.

There could be several reasons why someone might be hesitant to sue their driver if they were a passenger in an at-fault vehicle:

1. Relationship with the driver: The passenger may have a personal relationship with the driver, such as being a family member or close friend. This can create emotional conflicts and make it difficult for the passenger to take legal action against someone they care about.
2. Financial concerns: The passenger may worry about the financial implications of suing the driver. They may fear that the driver does not have sufficient insurance coverage or assets to cover the damages, which could result in a lengthy and costly legal process with little chance of recovering compensation.
3. Loyalty and guilt: The passenger may feel a sense of loyalty towards the driver and may not want to hold them responsible for the accident. They might also experience guilt, thinking that they contributed to the accident in some way or that they should have done something differently to prevent it.
4. Fear of retaliation: In some cases, the passenger may fear potential retaliation from the driver or their friends and family if they pursue legal action. This fear can discourage them from taking any legal steps, even if they are entitled to compensation for their injuries.
5. Lack of awareness of their rights: Some passengers may not be aware of their legal rights and options following an accident. They may not realize that they can seek compensation for their injuries and other damages, leading to hesitation in pursuing a lawsuit.

In the worst-case scenario, your driver was uninsured.

Causing an accident while uninsured means that the driver is subject to any monetary penalties, citations, punishments, and other consequences, such as a lawsuit. Though it is possible to win these types of lawsuits, it is important to keep in mind that someone who cannot afford insurance likely does not have any money or assets to pursue. So, even if you won, compensation could be minimal.

Ultimately, it is up to the passenger to decide if their physical and financial losses are worth suing the driver or not, regardless of relationship or loyalty.

If you decide that your injuries and financial losses are too much to handle on your own, call 844-CAR-WREX to consult with an attorney. Our law firm handles hundreds of injured passenger claims every year