# What to Do If Someone Files a Car Accident Claim Against You in Houston, TX | Attorney Brian White **Table of Contents***[*Expand*]* 1. Proving Negligence for a Car Accident in Houston  2. Will My Insurance Company Defend Me Against a Car Accident Claim? 3. How Can I Protect Myself Against Car Accident Claims in Houston? 4. Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![What To Do if Someone Files a Car Accident Claim Against You in Houston, TX](https://attorneybrianwhite.com/wp-content/uploads/2023/01/What-To-Do-if-Someone-Files-a-Car-Accident-Claim-Against-You-in-Houston-TX-300x200.jpg) Since Texas is an at-fault state for [car accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/) claims, a person could file a claim against you if you are involved in a traffic accident. Even if you did nothing wrong, the person might try to file an [insurance claim](https://attorneybrianwhite.com/resources/do-i-need-a-personal-injury-lawyer-if-im-submitting-a-claim-to-insurance/) to get money from your [liability insurance coverage](https://www.law.cornell.edu/wex/liability_insurance_coverage). Texas requires all drivers to have minimum [car insurance](https://www.tdi.texas.gov/consumer/auto-insurance.html) coverage if they cause a traffic accident.  Sometimes, a person might file a fraudulent car accident claim because they want money. In other cases, a person might sincerely believe that you caused the car accident in Houston. In either case, the person filing the claim has the [burden of proving](https://attorneybrianwhite.com/blog/understanding-the-burden-of-proof-in-personal-injury-cases/) negligence before recovering compensation for damages.  ## Proving Negligence for a Car Accident in Houston  The victim must prove fault to create [liability](https://attorneybrianwhite.com/faqs/whats-liability/) for damages caused by a car accident. Most car accident cases are based on [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/). Therefore, the person filing the claim would need [evidence](https://attorneybrianwhite.com/blog/understanding-evidence-in-a-personal-injury-case/) proving the following: - You owed them a legal duty of care; - You breached the legal duty of care; - Your [breach of duty](https://attorneybrianwhite.com/faqs/what-is-a-breach-of-duty/) directly led to the car crash ([causation](https://attorneybrianwhite.com/faqs/whats-causation-and-how-do-i-prove-it/)); and, - The car accident caused them to suffer harm and losses ([damages](https://attorneybrianwhite.com/blog/types-of-damages-available-in-personal-injury-cases/)). Texas drivers have a legal duty of care to take reasonable steps to avoid causing injury or harm. Failing to follow traffic laws, drinking and driving, texting while driving, speeding, and other conduct could be considered a breach of duty. However, the conduct must be the direct and proximate cause of the car crash. Therefore, a person driving at excessive speeds might breach their duty of care. You must prove that the driver did something that caused the accident, such as driving on the wrong side of the road or making an improper lane change. Finally, the victim must prove damages. Damages are the losses or harm caused by the car crash. They include [economic](https://attorneybrianwhite.com/faqs/what-are-economic-damages/) and [non-economic](https://attorneybrianwhite.com/faqs/what-are-non-economic-damages-in-texas/) losses such as: - Medical bills - Emotional distress - Scarring and disfigurement - Loss of income and benefits - Mental anguish - [Out-of-pocket expenses](https://attorneybrianwhite.com/blog/out-of-pocket-expenses/) - Decreased [quality of life](https://attorneybrianwhite.com/blog/quality-of-life/) - Disabilities and impairments - [Diminished earning capacity](https://attorneybrianwhite.com/blog/loss-of-earnings-and-diminished-earning-capacity/) - Physical pain and suffering If the person files a lawsuit, they must prove their case by a preponderance of the evidence. The jurors must believe there is more than a 50% chance that you caused the crash and the crash caused the person’s injuries and damages.  For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Will My Insurance Company Defend Me Against a Car Accident Claim? The insurance company investigates all claims filed against you. It assigns an insurance adjuster to review the case and determine whether you caused the accident. The adjuster also determines how much the claim is worth. If the insurance company denies the claim or refuses to [negotiate](https://attorneybrianwhite.com/blog/negotiation-in-personal-injury-cases/) a settlement, the injured party could file a personal injury [lawsuit](https://attorneybrianwhite.com/faqs/how-long-does-a-personal-injury-lawsuit-take-to-settle/) against you. Your insurance company should hire a lawyer to defend the lawsuit. You can retain a Houston car accident lawyer to represent you at your expense. You cannot force your insurance company to settle a claim. However, if you believe your insurance company acted in bad faith by refusing to settle a just claim, talk with a Houston personal injury lawyer. You might have a claim against the company if it acted in [bad faith](https://attorneybrianwhite.com/resources/bad-faith-claims/) and its actions caused you damages.  ## How Can I Protect Myself Against Car Accident Claims in Houston? Report all car accidents to the police by calling 911 immediately after the accident. Remain at the accident scene, but do not discuss the crash with anyone other than the police officer. Also, do not admit fault or apologize for the accident.  Evidence can be crucial in proving that you were not at fault. Try to take photographs and make a video of the vehicles, damage, and accident scene. However, do not place yourself or others in danger to do so. Contact a Houston car accident attorney and seek medical treatment as soon as possible. Your health is your primary concern. Prompt medical attention could help prove you are entitled to damages if the other person caused the car crash. An accident lawyer investigates the cause of the crash and gathers evidence proving fault. Even if you were partially to blame for causing the accident, you could still be entitled to compensation for damages.  Texas adopted a modified [contributory fault](https://attorneybrianwhite.com/faqs/what-is-contributory-fault/) law. If you are more than 51% at fault for causing a car accident, you cannot recover any money for your damages. However, if you are less than 51% at fault, you can recover damages, but the compensation is reduced by your percentage of fault.  Most insurance companies record telephone calls, especially those from adjusters and investigators. A statement you make could be intentionally interpreted to imply fault. Therefore, it is best to refer the insurance company to your lawyer and let your attorney handle all communication regarding your accident case.  [Click to contact](/contact-us/) us today ## Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help For more information,[contact](https://attorneybrianwhite.com/contact-us/) the[Houston](https://www.houstontx.gov/) car accident law firm of Attorney Brian White Personal Injury Lawyers by calling [(713) 500-5000](tel:+17135005000). **Attorney Brian White Personal Injury Lawyers – Houston**[3120 Southwest Freeway, Suite 350, Houston, TX 77098](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Houston/@29.7309684,-95.4262545,17z/data=!3m1!4b1!4m6!3m5!1s0x8640bf255e7aaf73:0x52064b120afa59fe!8m2!3d29.7309684!4d-95.4262545!16s%2Fg%2F1tfrxw9q?entry=tts/) **Attorney Brian White Personal Injury Lawyers – East Fwy**[11811 East Fwy, Suite 630-06, Houston, TX 77029](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+East+Fwy/@29.773407,-95.2301421,17z/data=!4m6!3m5!1s0x8640bd52b80b3fe3:0xb5804dd15c47b17b!8m2!3d29.773407!4d-95.2301421!16s%2Fg%2F11r10lsb0x?source=g.page.share&entry=tts/) **Attorney Brian White Personal Injury Lawyers – South Loop**[2600 S Loop W, Suite 293, Houston, TX 77054](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+South+Loop/@29.6785093,-95.4184191,16z/data=!3m1!4b1!4m6!3m5!1s0x8640c1c0e435eacd:0x81fd3c6eb30bc542!8m2!3d29.6785093!4d-95.4184191!16s%2Fg%2F11ry4wjwqr?cid=9366709246148461890&_ga=2.209939733.1628598219.1648478482-1081226185.1622227003&shorturl=1&entry=tts/) **Attorney Brian White Personal Injury Lawyers – Katy Freeway**[11511 Katy Fwy Suite 515, Houston, TX 77079](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Katy+Freeway/@29.7836667,-95.5861677,15z/data=!4m6!3m5!1s0x8640dbd008653a11:0x9786540c9ab0bfd9!8m2!3d29.7836667!4d-95.5861677!16s%2Fg%2F11y3dw2v44?sa=X&ved=1t:2428&ictx=111&entry=tts/) **Attorney Brian White Personal Injury Lawyers** **– Burnet** [205 S Pierce St. Burnet, TX 78611](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Burnet/@30.7574536,-98.2260966,15z/data=!4m6!3m5!1s0x907ba5aa207c69:0xca5503e0175023eb!8m2!3d30.7574536!4d-98.2260966!16s%2Fg%2F11vyqvpllk?sa=X&ved=1t:2428&ictx=111&entry=tts&g_ep=EgoyMDI0MDUyMC4wKgBIAVAD/) **Attorney Brian White Personal Injury Lawyers** **– Clear Lake** [1300 Bay Area Blvd Suite B268, Houston, TX 77058](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Clear+Lake/@29.5598212,-95.1152728,15z/data=!4m6!3m5!1s0x86409d1b345242c9:0x5895a119f6ed1d9!8m2!3d29.5598212!4d-95.1152728!16s%2Fg%2F11lf7xm8n8?sa=X&ved=1t:2428&ictx=111&coh=219816&entry=tts&g_ep=EgoyMDI0MDgxNC4xKgBIAVAD/) **Attorney Brian White Personal Injury Lawyers** **– The Woodlands** [1776 Woodstead Ct ste 203, The Woodlands, TX 77380](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+The+Woodlands/@30.1548897,-95.4639792,15z/data=!4m6!3m5!1s0x864737efe5a3cb73:0xff70634b80d03844!8m2!3d30.1548897!4d-95.4639792!16s%2Fg%2F11y98y92_f?sa=X&ved=1t:2428&ictx=111&entry=tts&g_ep=EgoyMDI0MTExOS4yIPu8ASoASAFQAw%3D%3D/) Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![The Effects of Airbag Deployment in Your Houston Car Accident Claim](https://attorneybrianwhite.com/wp-content/uploads/2022/09/The-Effects-of-Airbag-Deployment-in-Your-Houston-Car-Accident-Claim--300x200.jpg)](https://attorneybrianwhite.com/blog/the-effects-of-airbag-deployment-in-your-houston-car-accident-claim/) [The Effects of Airbag Deployment in Your Houston Car Accident Claim](https://attorneybrianwhite.com/blog/the-effects-of-airbag-deployment-in-your-houston-car-accident-claim/) Airbags are a life-saving device and now come standard in all new vehicles. If you’ve been involved in a car [![The 5 Most Common Types of Car Crashes](https://attorneybrianwhite.com/wp-content/uploads/2020/07/Houston-Traffic-Accident-Attorney-Brian-White-Personal-Injury-Lawyers-1-300x200.jpeg)](https://attorneybrianwhite.com/blog/top-25-causes-of-car-accidents-and-what-you-can-do-to-prevent-them/) [Top 25 Causes of Car Accidents and What You Can Do to Prevent Them](https://attorneybrianwhite.com/blog/top-25-causes-of-car-accidents-and-what-you-can-do-to-prevent-them/) Thousands of motor vehicle accidents occur in Texas each year. You might not be able to avoid all car accidents. [![The Woodlands Car Accident Statistics](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/the-woodlands-car-accident-statistics/) [The Woodlands Car Accident Statistics](https://attorneybrianwhite.com/blog/the-woodlands-car-accident-statistics/) Located approximately 30 miles north of Houston, The Woodlands, TX, is a bustling and growing community part [![How To Safely Stop On A Highway Shoulder In An Emergency](https://attorneybrianwhite.com/wp-content/uploads/2025/06/how-to-safely-stop-on-a-highway-shoulder-in-an-emergency-300x158.jpg)](https://attorneybrianwhite.com/blog/how-to-safely-stop-on-a-highway-shoulder-in-an-emergency/) [How to Safely Stop on a Highway Shoulder in an Emergency](https://attorneybrianwhite.com/blog/how-to-safely-stop-on-a-highway-shoulder-in-an-emergency/) Sometimes, it isn’t possible or wise to remain on the road while driving. Your vehicle might experience a --- Source: https://attorneybrianwhite.com/blog/what-to-do-if-someone-files-a-car-accident-claim-against-you-in-houston-tx/