Areas of Practice
Back to Services »
Frequently Asked Questions

What happens if the party at fault has no insurance?
That depends. Your attorney may be able to reach the personal assets of the party responsible for your damages or locate other sources of insurance coverage. This area can become quite complex and each case needs to be reviewed by your attorney individually.

What about damages to my automobile? Do I need to hire an attorney even if it was a minor accident?
Depending on the adjuster/insurance company, you should be able to reach a fair settlement regarding the repair of your vehicle. Usually submitting one or two repair estimates will suffice. If the repair costs approach the value of the vehicle, a settlement can ordinarily be reached by obtaining a fair market value through the NADA black book.

The officer just gave me a blue form to fill out. What does that mean and why was there no accident report filled out? Will this hurt my chances at a settlement?
A blue form is now used if no one that was involved in the accident was taken to the hospital from the scene. You need to fill this form out and exchange insurance information with the other party and make yourself a copy before you send it in. While it is certainly harder to prove a disputed case with no accident report, if you follow the steps above with regard to photographs and documentation, it may still be done depending on the circumstances.

The police officer gave me the ticket, what do I do?
Take the ticket to your lawyer. Just because you got the ticket, does not mean that the wreck was your fault. Being found guilty of the ticket violation could be very detrimental to any claim that you have against the other driver.

The police officer who came to the scene gave the other driver a ticket. Does that mean the wreck was his fault and that his insurance will pay for my damages?
Maybe. Maybe not. The police officers opinion as to the cause of the wreck is important but not binding of the insurance carriers, the court or a jury. Even if the other drivers insurance accepts the officers opinion, you still have the issue of what damages they will pay for and how much. The insurance company’s job is to pay you as little as possible, if anything, and to take as long as possible to do it.

I was just in a terrible wreck that caused serious injuries to myself and others, what do I do?
While some automobile accident cases are relatively simple to handle, many can become quite complicated. You should contact an attorney of your choice as soon as possible to learn what your rights are and what you should be doing. We do not charge for the initial conference and most cases of this nature would be handled on a contingency basis so that it does not cost you any money out of your pocket. If you can not see an attorney right away, as a general rule, consider the following:

1) do not give a statement to anyone’s (including your) insurance agent
2) take photographs of the damage on the cars involved (they may be unavailable later)
3) take photographs of your injuries (they will heal by the time settlement is discussed)
4) if you have personal health insurance coverage, use that coverage for any medical treatment received
5) if the accident may have been in part caused by one of the vehicles ( i.e., failure of airbag to deploy, seat or seatbelt broke, etc.) make sure that the vehicle is not going to be moved or tampered with until your representatives have an opportunity to inspect the vehicle
6) take photographs of the scene (tall grass that hid the railroad crossing will be cut down tomorrow)
7) start a calendar detailing your medical treatment, lost time from work, how you feel, prescriptions, etc.
8) maintain a list of all doctors, hospitals, pharmacies and other treatment facilities
9) maintain all medical records you receive
10) maintain all invoices for all (including medical) expenses that you receive, including prescriptions
11) inform your insurance carrier of the incident
12) be sure your doctor documents any time periods he holds you back from working, and
13) find an experienced attorney that you are comfortable with.

CAVEAT – In automobile accidents, there are so many variables that it is highly recommended that you speak to your attorney as soon as possible particularly if you received a traffic citation or if anyone was injured to the extent that they required medical attention.

Duke Walker
103 S Travis St., Suite 100
Sherman, TX 75090
(903) 813-3200