Switching Car Accident Lawyers in Texas

Can you change lawyers in the middle of a Texas car accident case?

Yes. In Hoover Slovacek v. Walton, the Texas Supreme Court said a client can discharge a lawyer “for any reason or no reason at all.” That holds whether your claim is still with the insurance adjuster or already in court.

If no lawsuit has been filed, the switch is mostly paperwork between the two firms. If a suit is on file, the new lawyer asks the court to substitute counsel under Texas Rule of Civil Procedure 10. Judges routinely sign these, though a trial date that is close can slow things down.

At Beverly Law, Texas cases are handled by our Texas-licensed attorneys, Joyce Ondich and John Efstathiou. For the full step-by-step process, see how to switch personal injury lawyers in Texas.

What your new lawyer has to catch up on

A car wreck file can look thin even after months of work. The first job is to find out what was done and what was missed. In a Texas car case, that review usually covers:

• The crash report. An officer who investigates a wreck with injuries must file a written report with TxDOT within 10 days (Transportation Code § 550.062). We check that the report was ordered and read closely, including the contributing factors the officer marked.
• The other driver’s policy limits. Texas requires at least $30,000 per person and $60,000 per crash in bodily injury liability coverage (§ 601.072). A serious injury can outrun those limits fast.
• Your own PIP. Texas auto policies must include personal injury protection unless you rejected it in writing. The required minimum is $2,500 per person, and PIP pays without regard to who caused the crash (Insurance Code §§ 1952.152-1952.155). Many people never file it.
• Your uninsured/underinsured motorist coverage. UM/UIM is also included unless rejected in writing (§ 1952.101). If the at-fault driver has minimum limits, this may be where the rest of the money comes from. We ask for your declarations page and any signed rejection form.
• Medical bills and liens. Hospital liens, health insurance reimbursement claims and unpaid provider balances all have to be tracked before any settlement is split.

Evidence from a Texas car wreck that can disappear

Some proof in a car case has a short shelf life. If the first lawyer did not lock it down, the new lawyer has to move quickly.

• Store, gas station and traffic camera video is often recorded over within days or weeks.
• Damaged cars get repaired or sold for salvage once the property claim closes, and the airbag module data goes with them.
• Witnesses move, change numbers and forget details.
• Photos of bruises, cuts and seat belt marks can only be taken while the injuries are visible.

When we take over, we send preservation letters to the other driver’s insurer and any business with cameras facing the intersection. Some of it may already be gone. We tell you honestly what is still available.

Texas fault rules: the 51% bar

Texas uses proportionate responsibility. Under Civil Practice and Remedies Code § 33.001, you recover nothing if a jury puts more than 50 percent of the fault on you. At 50 percent or less, your damages are reduced by your share (§ 33.012).

That is why insurers in Texas car cases work hard to shift blame for a lane change, a yellow light or a sudden stop. A new lawyer needs to see what you told the adjuster in any recorded statement, because those words get quoted back later.

In a lawsuit, a defendant can also ask to name a “responsible third party” to share blame. The motion is due at least 60 days before trial, and the other side has 15 days after service to object (§ 33.004). If you switch lawyers while one of these motions is pending, that 15-day window is one of the first things we check.

Texas deadlines you cannot lose track of

Most Texas car accident suits must be filed within two years of the crash (§ 16.003). Switching lawyers does not pause that clock. If the crash involved a city, county or state vehicle, the government is entitled to written notice within six months (§ 101.101), and some city charters set shorter deadlines. If your lawyer change is happening near either date, tell us on the first call.

What switching costs you in Texas

Switching to Beverly Law does not raise your fee. If your first lawyer is owed money for the work done, it is paid out of our fee, not added to yours. Costs the first firm advanced, such as filing fees or record fees, are normally repaid from the recovery like costs on any case. If there is no recovery, you owe us no fee and no costs.

The reason for the change still matters in Texas. Under Mandell & Wright v. Thomas, a lawyer fired without good cause can claim the contract fee, while Hoover Slovacek limits that by the rule against unconscionable fees. When there is good cause, such as months of silence or inaction, Rocha v. Ahmad limits the old lawyer to the reasonable value of the work done. We review your reasons before you send any letter.

One hard limit: if you already signed a settlement release and the case settled, we cannot reopen it.

Before you make the change

Not every frustration means you need a new lawyer. Car cases often go quiet while you finish treatment, because a demand cannot be valued until your doctors know where your recovery is headed. Ask your lawyer for a short written update: whether PIP was filed, which insurers have the claim, and when the demand will go out. If you get that, you may be fine where you are. If calls go unanswered for weeks, our general page on switching lawyers mid-case explains your options, and our page on what a car accident lawyer costs covers fees in plain terms.

How we take over a Texas car accident claim

You sign with us. We send your first lawyer a written notice, ask for the complete file, and handle their fee claim directly so you do not have to argue with anyone. If a suit is pending, we file the substitution. Then we check the crash report, coverage and deadlines and tell you where the case stands. You can reach us through our contact page or read more about our Texas practice.

Sources

1. Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006) (courtlistener.com)
2. Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969) (courtlistener.com)
3. Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App.—San Antonio 1984) (courtlistener.com)
4. Texas Rule of Civil Procedure 10 (txcourts.gov)
5. Tex. Transp. Code § 550.062 (statutes.capitol.texas.gov)
6. Tex. Transp. Code § 601.072 (statutes.capitol.texas.gov)
7. Tex. Ins. Code §§ 1952.152, 1952.153, 1952.155 (statutes.capitol.texas.gov)
8. Tex. Ins. Code § 1952.101 (statutes.capitol.texas.gov)
9. Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
10. Tex. Civ. Prac. & Rem. Code § 33.012 (statutes.capitol.texas.gov)
11. Tex. Civ. Prac. & Rem. Code § 33.004 (statutes.capitol.texas.gov)
12. Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
13. Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.gov)