Key Points
- In Texas, the minimum bodily injury liability coverage is only $30,000 per person and $60,000 per crash—amounts that often fall far short of what serious Houston car accidents cost in medical bills, lost income, and long-term care.
- Fast action matters: getting immediate medical attention, preserving evidence at the accident scene, and calling an experienced Houston car accident lawyer can immediately increase the potential settlement value of your personal injury claim.
- The Houston car accident attorney at Baumgartner Law Firm has been helping greater Houston crash victims for over 40 years and can often arrange medical treatment even when the client has no health insurance, using letters of protection to ensure care continues while the claim is pending.
- Documenting every loss—ER visits, follow-up care, lost overtime, future surgery, and pain and suffering—while being prepared to file a personal injury lawsuit is central to pushing past lowball insurance offers.
- When the at-fault driver carries only Texas minimum limits, identifying all available insurance policies (employer coverage, UM/UIM on your own policy, commercial policies, umbrella policies) is critical to maximizing compensation.
How to Increase Settlement Value After a Car Accident in Texas – Important Considerations
If you’ve been hurt in a car accident in Houston or anywhere across Texas, one question is probably at the front of your mind: How do I get the most money possible for what I’ve been through?
Settlement value is the realistic amount you can collect from all applicable auto insurance policies—not just the first offer an insurance adjuster slides across the table. Understanding this distinction is the first step toward full and fair compensation. In Texas, it is extremely rare to collect from a defendant outside of their insurance coverage.
Several key drivers push settlement value higher:
- Strong liability proof that clearly establishes the other driver’s fault
- Serious, well-documented injuries with objective medical evidence
- Complete accounting of financial losses, both current and future
- An experienced personal injury attorney who is willing to take your personal injury case to court if insurers refuse to pay fair value
Here’s the challenge many Texas accident victims face: the state’s minimum liability limits are shockingly low. Texas requires drivers to carry just $30,000 per injured person and $60,000 per crash for bodily injury. A single night in a Houston ICU can easily exceed those numbers.
That’s why finding all potentially liable parties and stacking available insurance is so important for serious injury and wrongful death cases.
Baumgartner Law Firm has handled serious Houston crash cases since the early 1980s. That experience helps clients avoid the common mistakes that shrink settlement value—like giving recorded statements too early, accepting premature offers, or failing to identify additional insurance sources. With 40 years of successfully handling car accident cases in Houston, here are our observations on how to increase settlement values after a car accident in Texas.
Step 1: Get Immediate Medical Care and Keep Treating
Your health comes first, but here’s something many people don’t realize: your medical records are also the foundation of your personal injury settlement value.
Understanding how to Increase Settlement Value After a Car Accident in Texas is crucial for ensuring you receive the compensation you deserve.
Go to the ER or urgent care the same day of the crash, even if you “feel okay.” Adrenaline masks pain. Injuries like whiplash, concussions, and internal bleeding often don’t produce obvious symptoms for hours or even days. By seeking medical attention immediately, you create objective documentation that your injuries came from the wreck.
Initial records from Houston-area facilities like Houston Methodist, Memorial Hermann, or Ben Taub Hospital provide critical proof that connects your injuries directly to the collision.
Why Consistent Treatment Matters
After your initial visit, follow through with all recommended specialist appointments, orthopedists, neurologists, pain management doctors, and physical therapy sessions. Gaps in your treatment plan give insurance adjusters reason to argue your injuries are minor, you are exaggerating, or the injuries are unrelated to the crash.
Consider this example:
| Scenario | Typical Outcome |
| Soft-tissue complaints only, no imaging, little treatment | Lower settlement offers, often under $10,000 |
| MRI showing herniated discs, consistent with specialist care, and documented pain management | Significantly higher settlements, often 5-10x or more |
| The difference between these outcomes often comes down to documentation. |
What if You Don’t Have Health Insurance?
People who are hurt but can’t afford the treatment they need are where an experienced personal injury lawyer becomes essential. Baumgartner Law Firm can often help clients without health coverage get seen by doctors under a letter of protection (LOP). An LOP means medical professionals agree to treat you now and get paid from your future settlement. LOPs allow you to receive necessary care while your claim is pending.
Never “tough it out” or skip doctor appointments because you’re worried about costs. That decision can cost you far more in reduced settlement value than the medical bills themselves.
Step 2: Preserve Evidence From Day One
Strong evidence wins cases. In Texas car accident claims, the evidence you gather in the first hours and days after a crash can determine whether you receive a lowball offer or fair compensation.
Call 911 and Get the Official Report
Always call 911 after an injury crash, even if injuries seem minor. A crash with injury or ensures a Texas Peace Officer’s Crash Report (CR-3) is created. However, if there are no apparent injuries and the property damage is minor (less than $1000), an investigating officer may decline to create a report under Texas law. Later, obtain a copy of this police report—it contains the officer’s findings of fault, witness information, and insurance details for all parties involved.
Document Everything at the Accident Scene
Before you leave (if you’re physically able), gather strong evidence:
- Photos of vehicle damage from multiple angles
- Skid marks and debris on the roadway
- Intersection layout and traffic signals
- Weather and lighting conditions
- Visible injuries to yourself and passengers
- The other driver’s license plate, insurance card, and driver’s license
If the crash happened on Houston’s complex freeway system, the I-10, 610 Loop, US-59/69, or Highway 6, Â photos that capture the specific location can help accident reconstructionists later piece together exactly what happened.
Secure Witness Information and Video
Get contact details for any witnesses. Also, check for nearby businesses with surveillance cameras or other vehicles with dash cams. This footage can be overwritten within days, so time is critical.
In serious crashes involving commercial trucks or rideshare vehicles, an attorney can immediately send spoliation letters to preserve electronic data, such as ECM (engine control module) downloads and telematics records—evidence that can dramatically increase settlement value.
Keep Personal Notes
Write down contemporaneous notes about your pain levels, sleep problems, activities you can no longer do, and missed family events. These personal records support the pain-and-suffering component of your claim and provide evidence that’s hard to fabricate after the fact.
Step 3: Identify All Insurance and Liable Parties (Beyond the $30,000 Minimum)
Texas’s minimum auto liability requirements are dangerously low for anyone who suffers serious injuries:
| Coverage Type | Minimum Required |
| Bodily injury per person | $30,000 |
| Bodily injury per accident | $60,000 |
| Property damage | $25,000 |
| A single surgery, a week-long hospital stay, or months of physical therapy can easily blow past $30,000. That’s why identifying additional liable parties and insurance sources is one of the most important things an experienced personal injury attorney does. |
Look Beyond the At-Fault Driver’s Policy
An experienced lawyer investigates whether the at-fault driver was working at the time of the crash. If they were driving for a delivery company, rideshare service, trucking outfit, or any employer, this can open the door to commercial or employer policies with limits of $100,000, $500,000, or even $1 million or more.
Additional Coverage Sources to Investigate
- Underinsured motorist (UIM) coverage on your own Texas auto policy
- Resident relative policies if you live with family members who have auto insurance
- Umbrella policies held by the at-fault driver or their employer
- Commercial general liability (CGL) policies for business-related crashes
- Dram shop claims against bars that over-served an intoxicated driver
Real-World Example
In a recent Houston freeway crash, the at-fault driver carried only $30,000 in liability coverage—the Texas minimum. The victim’s medical expenses alone exceeded $85,000. However, the victim’s own UIM policy provided an additional $100,000 in benefits, more than tripling the available settlement funds.
Baumgartner Law Firm routinely examines all possible insurance avenues in serious injury and wrongful death crash cases. Finding these additional policies is often the only way to increase settlement value beyond inadequate minimum limits.
Step 4: Assess All Current and Future Damages
To pursue compensation effectively, you need a complete picture of every cost incurred—and every cost you’ll face in the future.
Economic Damages
Economic damages are the measurable, documentable financial losses from your crash:
- Emergency room and hospital bills
- Ongoing treatment costs (specialists, imaging, medications)
- Physical therapy and rehabilitation
- Surgery and post-surgical care
- Vehicle repair or total loss
- Rental car or rideshare expenses
- Home modifications if you’re now disabled
Lost Wages and Earning Capacity
Past lost wages are calculated using pay stubs, tax returns, and employer letters. But future lost wages and reduced earning capacity can be even more significant—especially for Houston workers in demanding fields like construction, refinery work, or port operations who can no longer perform their jobs.
An economist or vocational expert can project lifetime lost income, including:
- Overtime and bonus pay you would have earned
- Fringe benefits like health insurance and retirement contributions
- Career advancement opportunities you’ve lost
Non-Economic Damages
Texas law allows recovery for non-economic damages that don’t come with receipts:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium (for spouses)
Future Costs Require Expert Analysis
In serious personal injury cases, life care planners and economists project future medical costs and care needs over the course of decades. A 35-year-old who needs ongoing pain management, future surgeries, and eventual full-time care could have projected costs in the millions—numbers that dramatically increase settlement value.
A word of caution: Credibility is everything. Honest, well-supported numbers carry weight with both insurance adjusters and Harris County juries. Exaggeration or incomplete evidence backfires badly.
Step 5: Work With an Experienced Houston Car Accident Attorney
If you take away one lesson from this guide, let it be this: the right personal injury lawyer directly affects how much money you recover.
Don’t Deal With Adjusters Alone
Insurance adjusters are trained to minimize payouts. When you handle your own claim, you’re up against professionals who do this every day, and who will use your recorded statements and casual comments against you.
Insurance companies often make lowball settlement offers early, hoping injured people who are stressed and financially challenged will accept before they understand the full extent of their injuries.
What an Experienced Attorney Does
A skilled personal injury attorney:
- Handles all communications with the at-fault party’s insurance company
- Investigate the crash and gather all the evidence
- Hires experts when needed
- Builds a trial-ready case that encourages higher offers
- Negotiates aggressively from a position of strength
- Files suit when insurers refuse to offer fair value
Baumgartner Law Firm has been fighting for greater justice for Houston crash victims for more than 4 decades. That track record matters because insurers know which firms will fight for more than a quick settlement, and they adjust their offers accordingly.
No Upfront Costs
Most reputable firms offer free consultations and work on a contingency fee. You pay nothing out of pocket. Attorney fees come only from the settlement or verdict.
Case Example
In one Houston crash case, the insurance company’s initial offer was just $15,000 for what they characterized as “minor injuries.” After the injured person hired a qualified attorney who obtained medical records showing a disc herniation requiring surgery, documented $47,000 in medical expenses, and prepared the case for trial, the settlement increased to over $200,000.
Early legal representation made the difference between accepting a lowball offer and receiving fair compensation.
Step 6: Build a Strong Demand Package and Negotiate Strategically
Getting a fair settlement amount requires more than just asking for money. It requires presenting a compelling, evidence-backed case that makes the insurer’s risk of going to trial clear.
What Goes Into a Demand Package
A detailed demand package typically includes:
- Liability summary establishing the other driver’s fault
- Texas crash report (CR-3) with the officer’s findings
- Complete medical records and bills
- Wage loss documentation from employers
- Photos and videos from the scene and injuries
- A clear settlement demand number with supporting justification
The First Offer Is Rarely Fair
Insurance adjusters seldom make a reasonable initial offer. Their job is to close claims for as little as possible. A Houston injury lawyer will counter with evidence-backed numbers, not arbitrary demands—showing exactly why the claim is worth more.
Timing Matters
Waiting until you reach maximum medical improvement (MMI) or have a clear long-term prognosis often yields more accurate settlement values. Settling too early, before the full extent of your injuries is known, can leave significant money on the table.
The Power of Being Ready to File
Being prepared to file a personal injury lawsuit in Harris County or nearby courts signals to insurers that your attorney is serious. This credible threat of a lengthy legal battle often drives up settlement offers and the likelihood of mediation.
Calm, patient, fact-driven negotiation almost always beats emotional or rushed decision-making. An experienced attorney helps you evaluate when an offer is truly fair and when to walk away.
Step 7: Be Ready to File Suit and Go to Trial if Needed
Sometimes, the only way to increase settlement value is to show the insurance company you’re willing to see them in court.
The Texas Statute of Limitations
For most car accident injury claims in Texas, you have two years from the date of the crash to file a personal injury lawsuit. Missing this deadline can destroy your claim entirely—no matter how serious your injuries or how clear the other driver’s fault.
Some exceptions exist (for minors, for example), but don’t gamble with the timeline. Contact a Houston car accident lawyer early to protect your rights.
What Happens When You File Suit
Filing a lawsuit triggers formal discovery:
- Depositions where the other driver must answer questions under oath
- Document requests that force insurers to turn over their internal evaluations
- Expert reports that strengthen your case
This process often uncovers evidence the insurer didn’t initially reveal and dramatically shifts the settlement process in your favor.
Insurers Often Pay More When Trial Date Approaches
Insurers in Texas frequently make better settlement offers once a seasoned trial firm is deep into discovery and preparing for trial in Harris County or other surrounding courts. The closer a case gets to trial, the greater the risk for the insurance company.
Most personal injury cases still settle before trial, but the credible threat of a verdict is one of the biggest reasons settlements increase.
Baumgartner Law Firm prepares each serious case as if it will be tried. That approach naturally strengthens every client’s settlement position, regardless of whether the case ultimately goes to a jury.
Additional Factors That Can Increase Texas Car Accident Settlement Value
Beyond the steps above, several other relevant documents and circumstances can increase your personal injury settlement value.
Egregious Defendant Conduct
Clear evidence that the other driver was intoxicated, texting, street racing, or engaging in reckless speeding increases settlement potential significantly. Under Texas law, this kind of conduct can support punitive damage claims called exemplary damages to punish the wrongdoer beyond compensating the victim.
Even when punitive damages are capped, adjusters know juries confronted with egregious behavior tend to award more serious compensatory damages, too. While in Texas, exemplary damages may not be covered by insurance; reckless conduct can drive up verdict and settlement amounts.
Multiple Liable Parties
Policy limits often cap recovery from any single defendant. But if there are additional liable parties, a negligent employer, a bar liable under Texas’s dram shop law, a trucking company, or a vehicle manufacturer with a defective product, each can bring new insurance into play.
Credible, Consistent Testimony
Your own testimony matters enormously. Strong, consistent accounts from you, family members, and treating doctors make subjective losses, such as pain and suffering, more believable to both adjusters and juries.
Jurors in Harris County respond to genuine stories of how the crash affected your ability to work, care for your family, enjoy hobbies, and live your normal life. This testimony should be supported by your treating doctor’s records and the physician’s testimony.
A Warning About Social Media
One of the fastest ways to undermine your claim to post on social media. Photos showing you at a party, playing sports, or living “normally” after the crash give insurance adjusters concrete evidence to argue your injuries aren’t serious.
Even innocent posts can be twisted. The safest approach is to avoid posting anything about your activities until your personal injury case is fully resolved.
FAQs About Increasing Car Accident Settlement Value in Texas
What if the at-fault driver only has the $30,000 Texas minimum coverage, but my medical bills are higher?
When the at-fault driver’s policy limits are exhausted, a Houston car accident lawyer will look for other liable parties and additional policies. Your own auto insurance, underinsured motorist (UIM) coverage, PIP coverage, employer or commercial policies covering the at-fault driver, and potential dram shop or product liability claims. Finding more coverage is often the only way to seek compensation beyond inadequate minimum limits.
Can I still get medical treatment if I don’t have health insurance after a crash?
Yes. Many Houston injury firms, including Baumgartner Law Firm, can help arrange treatment with local doctors and clinics under a letter of protection. The LOP allows you to receive care now, with payment coming from any future settlement. You don’t have to delay medical treatment or let injuries go untreated because of insurance concerns.
How long does it usually take to settle a serious car accident case in Houston?
Simple cases with clear injuries and available policy limits can sometimes be resolved within a few months. However, serious injury or wrongful death cases that require surgery, expert evaluations, or litigation often take a year or more. Waiting until you reach maximum medical improvement typically leads to a more accurate and higher settlement, even if it takes longer.
Will I have to go to court to get a fair settlement?
Most Texas car accident claims settle before trial. However, having legal representation from a firm willing and able to file suit and try the case before a Harris County jury is one of the biggest factors that push insurance companies to offer fair compensation. Insurers pay more when they know you’re not bluffing about going to court.
When should I contact a Houston car accident lawyer after a wreck?
As soon as possible, ideally within days of the crash. Early legal counsel allows an attorney to preserve evidence, handle adjuster calls, coordinate medical care (especially for clients without health insurance), and build a stronger, higher-value claim from the outset. Waiting too long can result in lost evidence and missed opportunities to increase settlement value.
Contact the Houston Auto Accident Attorney at Baumgartner Law Firm for Help!
We are available 24/7 for free consultations to cover your rights and options, and what you should do next. Call us at (281) 587-1111 or fill out the contact us form on this page to schedule a consultation.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
