New Boston, TX Personal Injury Law Firms & Lawyers

First, file a report with the police if you have not already done so. Then, file a no-fault claim with your insurance company. It doesn't matter that it was the other driver's fault; that's why they call it "no-fault". Notify your insurance company, get a claim number and a benefits application, fill it out right away and send it in. You may not be able to answer every question, such as "amount of medical expenses" if you haven't had any yet, just do the best you can and send it in immediately. Then, get the medical treatment you need. As long as the doctor signs that the treatment is medically necessary and related to the accident, you are covered. You can only recover financially from an injury if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study.

If you had underinsured  coverage on your policy you may be able to recover for the other damages. All the other company is required to pay is the limit of the coverage. They should offer to pay the whole amount of coverage or they may be liable for the other damages. If you had no coverage yourself then you need to see if it is worth suing the other driver but it is only worth it if they are wealthy. You should meet with an attorney to discuss your situation. If you are in the Dallas area you are welcome to call me for advice.