When accidents happen in San Marcos, Carabin Shaw is the name locals trust for personal attention and aggressive legal action.
How to File a Car Accident Claim in San Marcos, TX
A car accident can leave you shaken, injured, and overwhelmed — especially when you’re unsure how to handle the legal side of things. If you’ve been involved in a crash in San Marcos, Texas, filing a car accident claim correctly and promptly can help ensure you get the compensation you need to recover.
At Carabin Shaw, we help injured victims across Texas navigate the car accident claims process with confidence. Here’s a comprehensive guide to filing a claim after a crash in San Marcos.
More about our San Marcos car accident attorneys here
Step 1: Seek Medical Attention Immediately
Your health comes first. After an accident, always seek medical treatment — even if you think your injuries are minor. Not only is this critical for your well-being, but your medical records also serve as key evidence in your claim. Delaying treatment can weaken your case and give insurers a reason to minimize your injuries.
Step 2: Report the Accident to the Police
In Texas, you are required to report any car accident that results in injury, death, or property damage exceeding $1,000. In San Marcos, call 911 or the local non-emergency line to ensure a police officer arrives at the scene.
The officer will complete a crash report that includes:
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The date, time, and location of the crash
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Names and contact info of drivers and witnesses
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A description of vehicle damage and injuries
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A narrative of how the accident occurred
This official report is a vital part of your insurance claim or potential lawsuit.
Step 3: Notify Your Insurance Company
You should inform your insurance company of the accident as soon as possible. Most insurers have a limited window for reporting claims, and failing to notify them can affect your coverage.
When speaking to your insurer:
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Stick to the facts
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Do not admit fault
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Avoid speculating about what caused the crash
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Be cautious if asked to provide a recorded statement
If you’re unsure what to say, consult a car accident attorney first.
Step 4: Gather Supporting Evidence
Strong documentation is the foundation of a successful car accident claim. After the crash, gather the following:
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Photos of vehicle damage, injuries, and the accident scene
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Witness names and contact information
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The police crash report
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Your medical records and bills
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Estimates for vehicle repair or replacement
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Pay stubs or proof of lost income due to injury
The more detailed your evidence, the easier it will be to prove your damages and establish liability.
Step 5: File a Claim with the At-Fault Driver’s Insurance
Texas is an “at-fault” state, which means the person responsible for causing the accident is also responsible for covering damages. You’ll need to file a third-party claim with the other driver’s insurance provider.
When filing the claim, include:
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Your name and contact information
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The name of the insured driver
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Date and location of the accident
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Police report number
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A description of the damages or injuries
Be cautious during all communication with the at-fault driver’s insurer. Their goal is to settle the claim for as little as possible.
Step 6: Consult a San Marcos Car Accident Lawyer
Before accepting any settlement offer, consult an experienced personal injury attorney. A lawyer can:
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Determine the true value of your case
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Handle all negotiations with insurance companies
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Help you avoid common mistakes
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Represent you if the case goes to court
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Fight for compensation for all damages, including pain and suffering
At Carabin Shaw, we offer free consultations and work on a contingency fee basis, so there’s no risk in getting the legal advice you need.
Step 7: Consider Filing a Lawsuit (If Needed)
If the insurance company refuses to offer fair compensation — or denies your claim altogether — your lawyer may recommend filing a personal injury lawsuit in Hays County civil court.
In Texas, you typically have two years from the date of the accident to file a lawsuit. Your attorney will ensure that all deadlines are met and that your case is properly prepared.
Step 8: Let Your Attorney Negotiate the Settlement
Once all evidence has been reviewed and your damages calculated, your attorney will prepare a demand letter to the insurance company, requesting a specific settlement amount. If the insurer responds with a counteroffer, your attorney will negotiate on your behalf to secure the best possible outcome.
If negotiations break down, your case may proceed to trial. Most cases settle before reaching that point, but it’s important to have a lawyer who is ready and willing to litigate if necessary.
Final Thoughts
Filing a car accident claim in San Marcos can feel like a complicated and intimidating process — but it doesn’t have to be. By following the right steps and working with a qualified car accident attorney, you can protect your rights and secure the compensation you deserve.
At Carabin Shaw, we’re proud to help San Marcos residents recover after serious car crashes. From your first consultation to the final resolution, we’ll stand by your side every step of the way.
If you’ve been injured in a car accident, contact our office today for a free case review. You pay nothing unless we win.
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