The other driver ran the light. You did everything right. And three days later, you’re the one stuck on hold with an insurance company, watching your truck sit in a shop while the rental meter runs and your boss asks when you’ll be back on the job.
The law is already on your side. You can sue the driver who hit you, and you can make their insurance company pay for the damage they caused.
The hard part was never your right to be paid. It’s getting a billion-dollar insurer to act like it, and that’s the fight our Lubbock car accident lawyers take on every day for working West Texans.
Texas puts the bill on the driver who caused the wreck
Texas is an at-fault state, which is the best news you’ll hear all week. The driver who caused the wreck is the one responsible for paying to set it right.
In a no-fault state, everybody’s own insurance covers their own losses no matter who was to blame. Texas works the other way, so you can go straight after the person who hit you, either through their insurance or, if it comes to it, in front of a jury.
That gives you real leverage. The other side is just counting on you not knowing you have it, and on you settling for less than your claim is worth.
Why your first call to the insurance company won’t be your last
Almost every claim starts the same way, with a phone call to an insurer. You have two doors you can knock on.
| Your two options | What it means | When it’s your best move | The catch |
|---|---|---|---|
| Go after their insurer | You file against the at-fault driver’s liability policy | They clearly caused the wreck and carry real coverage | Plenty of Texans carry only the bare legal minimum |
| Go through your own | Your collision coverage pays now; your insurer then collects from theirs | You need your truck back fast | You eat your deductible up front |
Texas only forces drivers to carry what insurers call 30/60/25. That works out to $30,000 per injured person, $60,000 per wreck, and a thin $25,000 for property damage (Tex. Transp. Code §601.072). One totaled F-150 blows past that property limit before you’ve even priced a rental.
Then there’s the adjuster who sounds so friendly on the phone. Their job is to close your claim for as little as possible, and the first number they offer is almost never the last one they’ll pay. They know most people are too worn down to keep arguing.
You don’t have to be one of those people. Before you sign anything, let us look at the offer for free. Call us at 325-225-0143 or send us a message, and find out what your claim is actually worth at no cost.
How insurers pay you less by blaming you
The other driver hit you, so it can feel strange when the adjuster starts asking how fast you were going. They have a reason for doing it.
Texas follows a rule called modified comparative negligence, often known as the 51% bar (Chapter 33, Tex. Civ. Prac. & Rem. Code). Every percentage point of blame they pin on you comes straight off your check, and once your share reaches 51%, you recover nothing at all.
On a $10,000 claim, the math runs like this.
A few percentage points can mean a five-figure swing on a serious claim, which is exactly why the other side works so hard to assign you any blame at all.
What you say in the first days after a wreck matters more than most people realize. Never agree to a fault number you don’t believe is right. The police report, your photos, an eyewitness, and any nearby footage are what hold the line. If you’re worried the other side is already building a case against you, talk to us first or call 325-225-0143 before you give an adjuster a single word.
When it’s time to stop being patient and file
Suing isn’t step one, but there comes a point where staying reasonable stops working, and you’ll usually feel it before anyone tells you.
✓ It’s usually time to sue when:
- The insurer disputes fault or lowballs you well below your losses
- The driver had no insurance, so there is nowhere else to turn
- Your damages run past their policy limits and you need to reach the driver’s own assets
- They keep stalling and refusing to deal fairly, dragging it out for months hoping you quit
- You were hurt, not only your vehicle
✗ It’s worth thinking twice when:
- Your losses are small and a lawsuit could cost more than you would win back
- The driver has nothing to collect, which turns a judgment into a worthless slip of paper
- Fault is genuinely a coin flip and your own share looks heavy
That last one is worth taking seriously. Say an uninsured driver in Lubbock rear-ends your truck at a stoplight. You would win in court without much trouble, but if he rents his apartment and owns nothing, a judgment against him may never turn into a single dollar. We will tell you that to your face before you spend a dime, because steering you toward a fight you can’t win is no way to earn your trust.
What your wreck is actually worth
A lot of people assume a car accident claim is just a repair bill. It covers far more than that, and the insurer is hoping you stop at the obvious costs.
That second item, diminished value, is the one almost nobody claims. Even after a flawless repair, your car is worth less the day you try to sell it, only because the accident shows up in its history. The at-fault driver caused that loss too, and most people never ask for it simply because no lawyer told them they could.
If you were injured, your injury claim is usually worth far more than the dented metal. Our personal injury team pursues both at the same time so nothing gets left behind.
Why a wreck costs a West Texan more
Search this question online and you’ll find a dozen articles written for drivers in Dallas or Houston. None of them know what a wreck does to a life out here, and we do, because West Texas is the only place we practice.
Out in the Big Country, a vehicle isn’t a convenience. It’s how you get to the rig, the patient, the kids, and the next paycheck, and when it’s gone there’s no train to catch instead.
Out here, that reality shapes your claim in ways the big-city guides skip right over.
- Older trucks get totaled on a number that won’t replace them. When your paid-off vehicle has low book value, an insurer reaches a total-loss declaration fast, and the check they hand you is usually the first thing worth disputing.
- Distance turns days into weeks. The right body shop is two towns over, the adjuster drags his feet, and your rental bill climbs while you wait.
- Open-highway speeds make a “minor” wreck anything but. Higher speeds and a longer wait for help can turn a roadside fender-bender into a serious-injury case.
Consider a roughneck outside Midland whose only truck gets crushed by an inattentive driver. The insurer offers him scrap value, but without a vehicle he can’t get to the rig, and every shift he misses is money his family won’t see. To him that isn’t paperwork, it’s his livelihood, and it deserves a lawyer who treats it that way.
Our roots run deep out here. Managing partner Russell Lorfing was a federal prosecutor in Lubbock, and some of our former law partners now sit as judges and serve as elected district attorneys across West Texas.
When we say we know these courts and the people in them, we’re not blowing smoke. If your wreck happened in or around Lubbock, our Lubbock car accident lawyers are ready to fight for you. Reach out or call 325-225-0143 to talk with people who live where you do.
Small claims or district court? Where your case belongs
If your claim turns into a lawsuit, its size mostly decides which courtroom you end up in.
Small claims court (justice court)
Texas justice courts handle money disputes up to $20,000 (Tex. Gov’t Code §27.031). For a straightforward property-damage claim covering repairs, rental, and diminished value, that ceiling leaves plenty of room.
These courts are faster, cheaper, and less formal, and you can represent yourself without a lawyer. Just remember the other side can lawyer up too, and insurance companies usually do, so walking in unprepared is a costly mistake.
District court
The heavier cases belong here, including serious injuries, large dollar amounts, and fault disputes that need real digging through depositions and records. If you were badly hurt, this is almost always your courtroom, and you’ll want experienced counsel beside you.
If you’re not sure which one fits your wreck, a quick call will sort it out, and it’s free. Call 325-225-0143 or contact our team and we’ll point you in the right direction.
The clock starts the day of the crash
You generally have two years from the date of the wreck to file, both for the vehicle and for any injury (Tex. Civ. Prac. & Rem. Code §16.003).
Miss that window and it’s over. No matter how clearly the other driver was at fault or how much you lost, the courthouse door closes for good.
Two years can feel like plenty of time, and it rarely is. Memories fade, witnesses move away, and nearby doorbell or security footage gets erased within days. The strongest cases are the ones we start building early, while the trail is still fresh.
What to do when the other driver lies about fault
It happens more often than you’d think. The other driver gets home, calls their insurer, and tells a version of events where none of this was their doing.
Once fault is disputed, the proof you gathered does the heavy lifting. A few kinds carry the most weight.
- The police report: an officer’s on-scene read carries real weight
- Photos and video: where the cars came to rest, the road, the damage
- An independent witness: someone with no stake who saw what happened
- Nearby footage: a business security camera, doorbell cam, or dash cam can settle the whole thing, though it’s often erased within days
- Accident reconstruction: for a bad crash, a specialist can show exactly how it unfolded
We gather all of it, lock it down, and take over every conversation with the insurer, so a few stray words of yours never become their best weapon.
Hit by someone with no insurance? You still have options.
Texas requires coverage, but not every driver carries it. If the person who hit you was uninsured, you still have ways to recover.
- Uninsured motorist (UM) coverage on your own policy, if you carry it, covers your vehicle and your injuries
- Collision coverage pays for your vehicle no matter who was at fault, minus your deductible
- A direct lawsuit can win you a judgment, though collecting on it depends on whether the driver owns anything
A hit-and-run works much the same way. Under most Texas policies the driver who fled is treated as uninsured, so your UM and collision coverage can step in. Report it to police right away, since you’ll usually need that report to file a claim. We handle uninsured-driver cases all the time and know how to find every dollar of recovery sitting in your own policy. Start with uninsured motorist accidents, then call us at 325-225-0143.
Who you want in your corner
You shouldn’t have to take on an insurance company alone, and you don’t have to.
We’re trial lawyers. While most firms today push every client toward a quick, cheap settlement, we don’t back down from a fight. Between us, our attorneys have handled more than 500 jury trials and bring over 75 years of combined experience, and several of us are former state and federal prosecutors who know exactly how the other side thinks.
For What They Did
We serve Abilene, Lubbock, Midland, San Angelo, and all of West Texas, and your first consultation is free. Call 325-225-0143 today or reach out here, and let’s make them pay for what they did.
Frequently Asked Questions
Can I sue the other driver directly, or do I have to go through insurance?
Either, or both. Texas lets you sue the at-fault driver in civil court, but most claims start with insurance because it moves faster. If that road leads nowhere fair, a lawsuit is your next step.
What if I was partly at fault?
Your recovery drops by your share of the blame. At 30% fault on a $10,000 claim you take home $7,000, but at 51% or more you recover nothing. Never volunteer fault, and push back hard if an adjuster tries to load more on you than you deserve.
Can I sue for pain and suffering if someone hit my car?
Only if you were actually hurt. A claim for vehicle damage alone doesn’t include it. Even something that seems minor, like whiplash, can support a claim, so get checked out and write down every symptom.
What if the other driver has no insurance?
You may still recover through your own uninsured motorist or collision coverage, or by suing the driver directly. Whether a direct judgment is worth chasing depends on what the driver owns, and we’ll give you a straight read on that.
How much can I sue for in small claims court in Texas?
Up to $20,000 in justice court, and plenty of property-damage claims fit under that. Anything larger, or any case involving injuries, belongs in district court.
How long does a car accident lawsuit take in Texas?
A simple small claims case can wrap up in weeks. A district court case with disputed fault or real injuries often runs one to two years, though a settlement can end it sooner. Every case is different.
What if the at-fault driver’s insurance denies my claim?
A denial isn’t a dead end. You can challenge it, demand a written reason, file a complaint with the Texas Department of Insurance, or sue the driver directly. Bring us the denial and we’ll tell you exactly what your options are, at no cost.
