I’VE JUST BEEN INVOLVED IN AN AUTOMOBILE ACCIDENT…
Once your initial injuries have been attended to and stabilized after an automobile accident:
- Do not give a recorded statement to anyone other than your own insurance company. Insurance adjusters are trained professionals whose allegiance is to the company they work for. It is not their job to help you. Their job is to make sure that the company pays the absolute minimum amount of money possible. They are trained to ask questions in the hope that you will say something that will enable them to deny your claim. You should not give a recorded statement to an insurance company unless someone from your attorney’s office is present.
- One immediate concern is your car. The following are some basic guidelines to help you before you have the opportunity to consult with an attorney. This information may also assist you in handling the damage to your vehicle if you have no injuries and do not need an attorney. If your car is not driveable, arrange for a rental car through Enterprise, Super Star, or Advantage. Tell them you need the “insurance rate”. The insurance company will not reimburse you for any insurance you choose to buy from the rental company, because your existing policy covers the rental up to the limit of your coverage. If your car is driveable, ask the insurance company to appraise the damage before you begin any repairs. It is not necessary for you to obtain any estimates. After the appraisal has been done, select a repair shop and arrange the car rental with the insurance company at least 24 hours before you drop off your car. Do not leave your car for repair until all ordered parts have arrived. If the repair shop does not agree with the insurance company’s appraisal, tell them to call the insurance company. They will work out any discrepancy directly between them.
WHAT IF A POLICE OFFICER WANTS TO TALK TO ME…
Other than providing your name and address and showing your driver’s license, it is recommended that you never give a statement to a law enforcement official without being advised by or in the company of an attorney. Police officers and law enforcement agents are charged with arresting people and assisting in their prosecution. It is not their job to find out what is “right” or to determine what constitutes “justice”–that is the job of a judge or jury. Generally, if a law enforcement officer asks you to do something, it is with the goal of obtaining evidence. Providing attorneys for people being questioned by police officers is one of the most basic tenets of American constitutional law. Similarly, no one can force you to take a breath test if you are suspected of drunken driving. If you do take a breath test and the result exceeds the legal limit, the State has an easier time convicting you at a trial.
Texas Government
Texas State Electronic Library
Department of Public Safety
Travis County
Electronic Law Library
Consumer Information Center
Automobile Recalls
Airplane, Railroad, and Boat Accidents
Consumer Product Recall
Crash Test Results
Food and Drug Information
University of Texas School of Law
