Calls, letters, and visits after a crash

Barratry in plain terms

Penal Code § 38.12 defines barratry offenses. Broadly, it is an offense for a person, with intent to obtain an economic benefit, to solicit employment for themselves or another in person or by phone, or to pay or offer to pay someone to solicit employment, in the ways the section describes. The section makes the main barratry offense a third-degree felony. Section 38.01 defines “solicit employment” for this chapter, covering communication with a prospective client to get professional employment.

The 31st-day rule for written solicitations

Section 38.12 also makes it an offense for an attorney, chiropractor, physician, surgeon, or private investigator licensed to practice in Texas, or a person licensed, certified, or registered by a health care regulatory agency, to send a written or electronic communication soliciting employment concerning an action for personal injury or wrongful death or otherwise relating to an accident or disaster before the 31st day after the date the accident or disaster occurred, among other prohibited contacts. That offense is a Class A misdemeanor. The section lists other conditions, including contacting someone who has made known a desire not to be contacted.

The section says a person is presumed to have made known a desire not to be contacted if the accident report reflects that desire. When an officer takes your information, you can ask how that preference is recorded.

Crash-report information

Section 38.18 makes it an offense, in summary, for a person to use information in certain accident reports, or information obtained from a governmental entity about a motor-vehicle accident, for the purpose of soliciting someone for business, in the ways the section describes. That offense is a Class B misdemeanor. This is part of why access to Texas crash reports is limited; see crash reports.

Unlicensed advice about a settlement

Section 38.123 makes it an offense for a person who is not a licensed attorney to, with intent to obtain an economic benefit, contract with someone to represent them in a personal-injury or property-damage matter, or to advise them about whether to accept an offered sum of money in settlement of a claim, among other acts, within the limits and exceptions the section sets out. It does not stop you from asking family or friends what they think; it addresses people seeking an economic benefit.

Practical habits

• You do not have to answer questions about your crash from someone who calls you.
• Ask callers for their full name, business name, and how they got your number, and write it down.
• Do not sign anything at the scene, at the hospital bedside, or at your door from a visitor you did not invite.
• Do not give your claim number, insurer login, or medical details to unknown callers.
• Save letters, envelopes, texts, and voicemails with their dates.
• Check a lawyer’s license on the State Bar of Texas website before relying on anyone who says they are a lawyer.

Who to tell

If you believe someone broke one of these laws, you can report it to local law enforcement, such as the Houston Police Department non-emergency line at (713) 884-3131 inside Houston, or the Harris County Sheriff’s Office at (713) 221-6000 in its jurisdiction. Complaints about a licensed professional’s conduct generally go to that profession’s licensing body. Insurance-related questions can go to TDI’s Consumer Help Line at 800-252-3439.

Choosing help on your own terms

Some people want a lawyer after a crash, and many do not need one for a simple property claim. If you decide to look, you can start the search yourself rather than responding to whoever contacts you first. The pages on injury claims and releases and deadlines list questions worth having answered.