Special situations

In this chapter

• When a child is injured

  Protect a child’s recovery, identify separate claims and understand settlement authority, approval and time-sensitive steps.

  5 questions in When a child is injured

  • Can I negotiate or sign for my child?
  • Are the child’s claim and my expense claim the same?
  • What if the parent and child have conflicting interests?
  • How are settlement approval and the child’s money handled?
  • What time-sensitive actions still matter when the injured person is a child?

• After an injured person dies

  Understand family and estate claims, preserve records and identify who may act after an injured person dies.

  6 questions in After an injured person dies

  • Who may act after someone dies?
  • How are wrongful-death and survival claims different?
  • Which records and immediate expenses should the family preserve?
  • What if no estate representative has been appointed?
  • How do the civil claim and any criminal case interact?
  • What happens to an existing injury claim if the injured person later dies from an unrelated cause?

• Help an adult who cannot manage the claim

  Support an injured adult while preserving their decisions and checking the authority needed for records or settlement.

  4 questions in Help an adult who cannot manage the claim

  • Can a spouse or relative speak or sign for an injured adult?
  • What proof of authority may be needed?
  • What if the person can decide but needs communication support?
  • Who should review a settlement that could affect disability benefits?

• Find the right route as a passenger or road user

  Find possible claims and coverage as a passenger, pedestrian or cyclist, including when the driver is a friend.

  4 questions in Find the right route as a passenger or road user

  • Can I make a claim if I was only a passenger?
  • What if the driver is a friend or family member?
  • Could an auto policy matter if I was walking or cycling?
  • What if I did not own the vehicle or have my own auto insurance?

• When the wreck happened while working

  Coordinate employer notice, workers compensation or other benefits and a separate claim against a responsible driver.

  5 questions in When the wreck happened while working

  • Should I report the wreck to my employer?
  • Can workers compensation and a third-party claim both matter?
  • What if the employer does not carry Texas workers compensation?
  • What changes if I was an independent contractor or using my own car?
  • Are employment-related notices separate from the car-wreck deadline?

• When a commercial vehicle is involved

  Identify commercial vehicles, preserve business records and understand carrier roles, conditional insurance rules and other trucking issues.

  14 questions in When a commercial vehicle is involved

  • What extra information should I save about a commercial vehicle?
  • Who besides the driver may need to be identified?
  • Which business records or vehicle data might disappear?
  • Do trucking rules apply to every company vehicle?
  • What if the commercial vehicle was an 18-wheeler, bus or privately operated ambulance?
  • How do driver, vehicle owner, carrier, shipper and maintenance roles differ?
  • How do Texas-only and interstate truck insurance minimums differ?
  • Does every hazardous-material tanker require $5 million?
  • What if the business vehicle is a lighter truck, moving van or private fleet?
  • Can a freight broker be responsible for choosing an unsafe carrier?
  • What if gravel, sand or another loose load spilled from a dump truck?
  • What if the truck had no trailer, was empty or was between jobs?
  • Can Texas commercial-vehicle cases have special trial rules?
  • Which hazmat route and delivery exceptions applied?

• When government emergency vehicles or road conditions are involved

  Identify government, road-contractor and emergency-vehicle issues, including notice and ambulance-patient distinctions.

  8 questions in When government emergency vehicles or road conditions are involved

  • How do I identify who owns or maintains the road or vehicle?
  • What if the other vehicle belongs to a city or state agency?
  • Can notice be required before the ordinary lawsuit deadline?
  • What changes for a federal vehicle or agency?
  • What if a private contractor was doing roadwork?
  • How do I determine whether an ambulance is public, private or operated under a government contract?
  • What if a police or emergency vehicle was responding to an emergency?
  • Was the injured person an ambulance patient or another road user, and could a different legal process apply?

• When the driver flees or a crime is involved

  Preserve evidence after a hit-and-run or crime-related wreck and distinguish insurance, restitution and victim assistance.

  4 questions in When the driver flees or a crime is involved

  • What should I preserve if the driver fled?
  • Does a criminal charge resolve the civil claim?
  • How are restitution and crime-victim assistance different from insurance?
  • What if alcohol or a possible alcohol provider is involved?

• Handle a wreck across state lines

  Coordinate a claim across state lines, including out-of-state policies and Texas residents injured elsewhere.

  4 questions in Handle a wreck across state lines

  • What if I live elsewhere but the wreck happened in Texas?
  • What if my policy was issued in another state?
  • How can I handle records and follow-up after going home?
  • What if I am a Texan injured outside Texas?

• When a vehicle defect or other third party may matter

  Preserve possible vehicle, repair or road-defect evidence and distinguish recalls, driver assistance and automated vehicles.

  6 questions in When a vehicle defect or other third party may matter

  • What if a vehicle part or repair failed?
  • What does a recall establish and what does it not establish?
  • Should the vehicle or failed part be preserved for inspection?
  • What if a road contractor or private property condition contributed?
  • What if Tesla FSD, another driver-assistance system or an automated vehicle was involved?
  • Why does the vehicle’s marketing label not establish who was driving or legally responsible?

• When a car is borrowed rented or shared

  Understand borrowed, rental, loaner and peer-to-peer cars, including protection periods, charges and signing authority.

  8 questions in When a car is borrowed rented or shared

  • What changes if I was driving a borrowed car or repair-shop loaner?
  • What if the damaged vehicle belongs to someone who was not driving?
  • How is peer-to-peer car sharing different from rideshare or a conventional rental?
  • What sharing, delivery or return period was active when the wreck occurred?
  • What do rental damage waivers and credit-card benefits cover or exclude?
  • How do I identify host, guest, platform and other available policies?
  • What if the rental or sharing company demands loss-of-use, diminished-value or administrative charges?
  • Who may authorize repairs or sign vehicle paperwork?