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Should I get a lawyer for a car accident that wasn’t my fault?
Yes. In most cases, hiring a car accident lawyer can significantly improve the outcome of your claim. Even if fault seems clear, you could still face challenges securing fair compensation. From handling insurance companies to proving liability, a skilled attorney ensures your rights are protected—and that you aren’t left paying for someone else’s mistakes.
A car accident can be traumatic, confusing, and overwhelming, especially when it wasn’t your fault. While you may assume that being the victim means the process will be simple, the reality is often much more complicated.
Learn how an experienced car accident attorney can help after a car accident that wasn’t your fault.
Why You May Need a Lawyer Even If the Accident Wasn’t Your Fault
Just because you didn’t cause the crash doesn’t mean the aftermath will go smoothly. Here are the instances when an attorney can help protect you and strengthen your claim:
You Were Injured in the Crash
If you were injured in a car accident that wasn’t your fault, a lawyer can help calculate the full value of your damages—including medical bills, lost wages, and long-term care needs. Many injuries, such as whiplash or concussions, don’t show symptoms right away.
You Have Property Damage
When insurance companies try to undervalue your property damage claim, a lawyer can help you recover full compensation for vehicle repairs or replacement.
Insurance Companies Don’t Always Play Fair
Even your own insurer may try to minimize payouts. The other party’s insurer may deny liability or pressure you into a lowball settlement. Your lawyer negotiates for you, helping you avoid costly mistakes.
Proving Liability Isn’t Always Easy
Even in open and shut cases, insurance companies may challenge fault. A lawyer gathers evidence—police reports, witness statements, medical records, and surveillance footage—to build a solid case and prove the other party didn’t follow the rules of the road.
Maximizing Your Compensation
Without legal help, many people don’t realize what they’re entitled to. A lawyer ensures you receive compensation for all applicable damages: pain and suffering, emotional distress, lost earning capacity, and more.
Protecting Yourself from False Claims
If the at-fault driver tries to blame you or files a countersuit, your lawyer will defend your rights and counter those claims effectively.
Our Houston car accident lawyers work on a contingency fee basis. This means you pay no upfront fees and only pay us if we win your case!
Understanding Fault in Texas Car Accidents
Texas follows an “at-fault” system, also known as a tort-based system. This means the driver who causes the accident is financially responsible for the damages. But still, you may ask yourself, “If I was injured in a car accident that’s not my fault, what should I do?” Or, even more complex, “What if I was partially at fault?”
Modified Comparative Fault in Texas
Texas uses a modified comparative negligence rule with a 50% bar. If you are 50% or more at fault, you cannot recover damages at all. If you are 50% or less at fault, your compensation will be reduced by your percentage of fault.
For example:
If you’re awarded $100,000 but found 30% at fault, your compensation would be reduced to $70,000.
Why Legal Help Still Matters
Even if the other driver caused the crash, their insurer may try to shift partial blame onto you to reduce their payout. An attorney protects you by investigating the accident and arguing against inflated fault claims.
Our car accident lawyers in Dallas will ensure you receive fair compensation.
What To Do If You Were Injured in a Car Accident That Wasn’t Your Fault
Your actions immediately after a crash can make or break your injury claim. Follow these steps to protect your health and your legal rights:
1. Call 911 and Seek Medical Attention
Always call emergency services after an accident—even if you feel okay. Some injuries don’t show symptoms right away. A medical record creates an essential timeline linking your injuries to the accident.
2. Document the Scene
Take photos of:
- Vehicle damage
- Skid marks
- Road signs and traffic signals
- Weather or lighting conditions
- Injuries
- Names and contact info of witnesses
3. File a Police Report
Request a copy of the crash report once available. It can help establish fault and support your claim later.
4. Notify Your Insurance Company
You should alert your insurer, even if you weren’t at fault (more on this below). Don’t admit fault or speculate about what happened.
5. Avoid Recorded Statements Without Legal Advice
Insurance adjusters may try to get you on record early. Politely decline until you’ve spoken with a lawyer.
Do I Call My Insurance If the Accident Wasn’t My Fault?
I was in a car accident that’s not my fault—do I call my insurance company?
Yes. Even if you didn’t cause the crash, you should still notify your insurance company.
Here’s Why It Matters:
- Medical Payments (MedPay): Your policy may include coverage for medical expenses, regardless of fault.
- Uninsured/Underinsured Motorist Coverage (UM/UIM): If the at-fault driver is uninsured or underinsured, your auto insurance policy could kick in.
- Claim Coordination: Your insurer can coordinate with the other driver’s insurance and may even help pay costs upfront while pursuing reimbursement.
Let a Lawyer Handle Insurance Communications
Note: Insurers may try to twist your words or offer lowball settlements. Before providing a recorded statement, contact a car accident lawyer. A lawyer can manage all communication, protect your statements, and negotiate for full compensation.
Source: Texas Department of Insurance
What Can I Get Paid After a Car Accident That Wasn’t My Fault?
I was in a car accident that’s not my fault—what can I get paid?
A personal injury claim may entitle you to compensation for a wide range of damages, depending on the severity of your injuries and financial losses.
Common Types of Compensation:
- Medical Bills: Current and future treatment, rehab, prescriptions, and surgical care
- Lost Wages: Income you missed while recovering
- Loss of Earning Capacity: If injuries prevent you from returning to your prior work
- Pain and Suffering: Physical pain and emotional anguish
- Property Damage: Repairs or replacement value of your vehicle
- Emotional Distress: Mental trauma, anxiety, PTSD, etc.
Every case is different. A qualified attorney will evaluate all categories of compensation to ensure nothing is left on the table.
Source: Texas Statutes CP §41
Special Considerations: Leased Car Accidents
I was in a leased car accident that’s not my fault—what should I do?
Leased vehicle accidents involve additional steps and liabilities. Here’s what you need to know:
Who Pays for Repairs?
Typically, the at-fault driver’s insurance should cover repairs. However, your lease agreement may include terms for:
- Use of OEM (original) parts
- Additional repair inspections
- Required reports to the leasing company
Involving the Leasing Company
You must notify your leasing company, especially if the car is totaled. They may need to approve repairs or coordinate with insurers.
How a Lawyer Can Help
A car accident attorney will ensure that:
- Lease-specific obligations are met
- You don’t get blamed for damages you didn’t cause
- Settlement offers reflect the total financial impact, including lease penalties
How a Car Accident Lawyer Can Help You
Hiring a car accident lawyer after a collision that wasn’t your fault isn’t just about filing paperwork—it’s about protecting your future. Here’s what a car accident lawyer can do for you:
1. Investigate and Gather Evidence
Your attorney will review the crash scene, obtain police and medical reports, speak with witnesses, and collect surveillance footage to build a strong case.
2. Handle Insurance Communications
They’ll speak directly with insurance adjusters on your behalf to prevent you from being manipulated or pressured into low settlements.
3. File and Negotiate Claims
From property damage to injury compensation, your lawyer will file all relevant claims and negotiate assertively for the highest possible recovery. They will do so in a timely manner, ensuring you don’t miss any crucial deadlines, which could negatively impact the outcome of your case.
4. Go to Court If Necessary
If negotiations stall or the insurer denies your claim, your attorney can file a lawsuit and represent you in court.
5. Maximize Your Compensation
By evaluating every angle of your case—including long-term care, emotional distress, and future earnings—your lawyer helps you avoid settling for less than you deserve.
6. Offer Free Case Reviews
Most personal injury lawyers—including AK Law Firm—offer a free consultation so you can learn your rights before making decisions.
7. No Upfront Fees
We operate on a contingency basis, meaning you don’t pay unless we win.
These are just a small handful of the many reasons why it’s worth getting a car accident attorney—regardless of fault. Legal representation ensures you take the right steps towards a physical, emotional, and financial recovery.
Texas Laws and Deadlines That Affect Your Car Accident Claim
2-Year Statute of Limitations
In Texas, you generally have two years from the date of the crash to file a personal injury lawsuit. If you miss the deadline, you may lose the right to recover damages.
Personal Injury Protection (PIP)
Texas insurers must offer PIP coverage, which can cover medical costs and lost wages. You can decline this coverage in writing, but many drivers don’t realize they have it.
Comparative Negligence
Under Texas law, your compensation can be reduced if you’re partially at fault (as discussed above). Accurate evidence and timely filings are critical to preserving your payout.
Don’t delay—consulting a lawyer early ensures you don’t miss key deadlines or lose leverage in your claim.
See: Texas Statutes CP §16, Texas Statutes CP §33, Texas Department of Insurance
Consult A Texas Car Accident Attorney Today
Even if the accident wasn’t your fault, navigating insurance claims, proving liability, and recovering full compensation can be overwhelming. An experienced attorney makes the difference between a denied claim and a fair settlement.
Whether you’re dealing with injuries, lost wages, or a damaged leased vehicle, we’re here to help. Don’t wait until it’s too late—get the legal support you need now.
Now that we’ve answered the question, “Should I get a lawyer for a car accident that wasn’t my fault?”, who should you call?
AK Law Firm’s trusted team of car accident lawyers in Houston and Dallas offer years of experience and compassionate, client-first care.
Schedule your free consultation today and let us fight for the compensation you deserve.
FAQ
Should I get a lawyer for a car accident that wasn’t my fault in Texas?
Yes. A lawyer can help you gather evidence, deal with insurers, and pursue full compensation under Texas law.
What happens if I’m injured in a car accident that wasn’t my fault?
You can seek compensation for medical bills, lost wages, and pain and suffering. A lawyer can guide you through the process.
If a car accident wasn’t my fault, do I still call my insurance?
Yes. Notify your insurer even if you didn’t cause the crash. Your policy may include MedPay or uninsured motorist coverage.
Can I get paid even if I’m partially at fault?
Yes, you’re still eligible for compensation if you’re found less than 50% at fault. Your compensation will be reduced proportionately by your percentage of fault.
What should I do if I was driving a leased car in an accident?
Notify your leasing company and insurer. A lawyer can help ensure lease terms are followed and your rights are protected.
How much does a personal injury lawyer cost?
There are no upfront costs. Most car accident lawyers work on a contingency basis, meaning you don’t pay unless they win your case.
