Frequently Asked Questions
Do I have to pay medical bills if the accident wasn’t my fault?
Yes, you’re still responsible for your medical bills upfront, even if someone else caused the crash. You can seek reimbursement through insurance claims or a personal injury lawsuit, but healthcare providers won’t wait for fault determination.
Can I negotiate my medical bills after a settlement?
Yes. Hospitals and insurance companies often accept reduced payments through lien and subrogation negotiations. An experienced attorney can negotiate on your behalf to maximize your final recovery.
What if I don’t have health insurance?
You still have options. PIP, MedPay, or payment plans may help cover costs. Some providers also work with attorneys on a “letter of protection” basis—delaying payment until after your case settles.
What is a letter of protection (LOP)?
A letter of protection is an agreement between your lawyer and a healthcare provider to defer medical payments until your injury case settles. This allows you to receive necessary treatment without immediate out-of-pocket costs.
Should I use my health insurance or wait for a settlement?
Using health insurance can help you get care quickly. However, your insurer may later seek reimbursement from your settlement. An experienced personal injury attorney can help weigh the pros and cons based on your specific situation.
Can I be denied compensation entirely for not wearing a seatbelt?
No, unless you’re found to be more than 50% at fault for your injuries. Most cases involving seatbelt non-use result in reduced—not eliminated—compensation.
How much will my compensation be reduced?
This depends on the jury’s determination of how much your seatbelt non-use contributed to your injuries. It could range from 0% (if not relevant) to 50% (the maximum while still allowing recovery).
What if the other driver was clearly at fault?
Even if the other driver was obviously negligent (drunk, texting, etc.), seatbelt evidence may still be considered regarding the extent of your injuries—but not regarding who caused the accident.
Do I need an expert witness for my case?
Often, yes. Expert testimony is frequently required to establish whether seatbelt non-use actually contributed to your specific injuries.
What if I have a medical condition that prevents seatbelt use?
Medical exemptions can be powerful evidence in your favor. Proper documentation from your physician is essential.
What should I do immediately after a rideshare accident?
Call 911, get medical attention even if you feel fine, document everything with photos, screenshot your rideshare app, and get witness contact information. Don’t admit fault or make detailed statements to insurance companies without legal advice.
How do I know which insurance coverage applies?
It depends on what the rideshare driver was doing when the accident occurred. Personal insurance applies when the app is off, limited rideshare coverage applies when waiting for rides, and full commercial coverage applies during active trips.
Can I sue the rideshare company directly?
Direct lawsuits against Uber or Lyft are possible but challenging since drivers are independent contractors. Most claims are handled through insurance coverage, though gross negligence cases might allow direct company liability.
What if the other driver doesn’t have insurance?
Rideshare companies provide uninsured motorist coverage during active trips. Your own auto insurance might also have uninsured motorist protection that applies even when you’re a passenger.
How long do I have to file a claim or lawsuit?
Texas has a two-year statute of limitations for personal injury cases, but insurance claims have much shorter deadlines. It’s important to start the process quickly to preserve your rights and evidence.
