Who Pays For Auto Accidents In Texas?

Answers you can trust from a Fort Worth attorney

In Texas, car accidents are a big deal. The financial cost can add up fast, between medical expenses, lost wages, property damage and other effects on your life. Many people suffer from long-term pain such as lower back pain after a car accident. While you’re trying to focus on your recovery, finding a way to pay those bills can be overwhelming.

Coby L. Wooten, Attorney At Law, P.C. understands the complexities of Texas’ car insurance system. If you’ve been injured in an accident, find out what you can do to recover the car accident compensation you rightfully deserve. You can read more below or simply contact us right now.

Types of compensation available after a car accident

After a car accident, you may be entitled to different types of compensation depending on the severity of your injuries and losses. These typically fall into these categories:

• Economic damages: These cover financial losses like medical bills, rehabilitation costs, lost wages, lost earning potential, and vehicle repair or replacement.
• Non-economic damages: These compensate for pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.

What is the process for getting compensation after a car accident?

Dealing with a car accident claim can feel overwhelming but knowing what to expect can make the process smoother. Here are the key steps to pursuing your claim:

• Report the car accident: Call the police and wait for an officer to arrive at the crash scene. The police will examine the crash scene, speak to everyone involved, and create a detailed report.
• Gather information: If possible, take photos of the scene, vehicle damage, and any visible injuries. Also, exchange contact and insurance information with the other driver. If there are witnesses, get their contact information.
• Get medical attention: Even if you don’t think you’re seriously hurt, see a doctor. Some injuries take time to show up, and having medical records can support your claim.
• Notify your insurance company: Let your insurer know about the car accident as soon as possible. Keep all comments to a minimum and only stick to the basic facts.
• Speak to an attorney: As soon as you initiate your claim, the other driver’s insurance company will begin protecting its bottom line. That’s why you should avoid speaking to them without an attorney present. Let Attorney Coby L. Wooten do the talking and negotiating for you.
• Wait for a fair settlement: Your lawyer may send a demand letter outlining the damages you’re claiming. If the insurance company offers a fair settlement, the case can be resolved without further legal action. Once a settlement is reached or a court ruling is finalized, you’ll receive payment to cover medical expenses, lost wages, and other damages.

Understanding Texas’ Fault Insurance System

Like most states, Texas is considered a “fault” state for car accidents. That means the driver who is at fault for a wreck is responsible for compensating people injured in the accident. In circumstances where multiple drivers are partially at fault for the accident, each driver needs to pay compensation in proportion to his or her percentage of fault – this is called comparative negligence.

Texas uses a modified comparative negligence system with a 51 percent criteria for recovery. This means if you are at least 51 percent responsible for the accident, you cannot recover compensation for your injuries. If you are partially at fault but less than 51 percent, you can recover compensation, but your award will be reduced by your percentage of fault.

How to pursue compensation after an accident

In general, there are three ways for an individual injured in Texas to claim car accident compensation. Depending on the circumstances and the terms of your policy, you may need to:

• File a first-party claim with your own insurance carrier, who may then pursue a second-party claim with another insurance company.
• File a third-party claim directly with the at-fault driver’s insurance company.
• File a lawsuit in civil court against the at-fault driver.

While most car accident compensation is paid by the at-fault driver, there are some circumstances in which another party, such as a vehicle manufacturer, also bears responsibility. In those cases, you can file a claim with the relevant liability insurance carrier, or file a lawsuit. An attorney can help you understand your options for pursuing compensation.

Car accident cases are unique depending on the details of the accident. Compensation for a rear-end accident and compensation for a drunk driver accident can be completely different. If you have questions about the worth of your claim, contact an attorney. A car accident attorney can review the details of your case and calculate an estimated value. They’ll consider factors like whether you suffered a back or neck injury, the effects of your injuries on your life, and the available insurance.

How long does it take to get compensation?

The timeline for receiving compensation depends on how complex your case is, the severity of your injuries, and whether the other driver’s insurance company cooperates. If liability is clear and injuries are minor, your claim can settle within a few months.

Cases involving serious injuries, disputed liability, or large compensation claims may take 6 months to over a year. If a fair settlement isn’t reached, filing a lawsuit can extend the process by another year or more, depending on court delays and trial proceedings. It’s best to be patient and avoid accepting the first settlement offer that comes along. Once you accept an offer, you won’t be able to seek additional compensation in the future. Attorney Coby L. Wooten can accurately value your claim and negotiate with insurance companies for the full amount you’re entitled to.

Car insurance policies in Texas

Every state sets its own minimum requirements for car insurance. In Texas, drivers are required to carry 30/60/25 insurance – that is, up to $30,000 for injury to any single person in an accident, $60,000 total for all injuries sustained in an accident, and $25,000 for property damage.

However, many car accidents cause damage in excess of those minimum requirements. If you have a traumatic injury, the minimum liability coverage may be exceeded after the first day of treatment. If the driver who caused your injuries does not have enough liability insurance to cover the cost of your injuries, we say that the motorist is underinsured. And there are some drivers in Texas who break the law and drive without any insurance at all – these are uninsured motorists.

We strongly recommend carrying uninsured and underinsured motorist protection (UM/UIM) on your policy. This allows you to file a claim with your own insurance company for compensation if you are injured by an uninsured or underinsured driver. If you don’t have this insurance, you still may have other legal options. In either case, your first step should be to consult an attorney to review your policy and find out how you can get the compensation you need.

How an experienced Texas accident lawyer can help you get maximum compensation

Pursuing compensation for a car accident is difficult. Even if you’re dealing with your own insurance carrier, which is ostensibly on your side, they have a strong profit motive to pay you as little as possible. And if you’re dealing with another motorist’s insurance carrier, watch out. Their goal is to protect their client and their bottom line, not to fairly compensate you.

You need an experienced car accident lawyer on your side, fighting for the compensation you need to rebuild your life. That’s why we strongly recommend you contact us right away, before you speak to the insurance company. Call 866-408-0940 for your free consultation.