What Happens If A Car Accident Was Not Your Fault?
Attorney Coby L. Wooten fights the insurance companies for you
You’ve been hurt in a car accident. You are being treated for your injuries and the medical bills are starting to come in. Now you have to deal with the insurance companies. If you were injured in an accident that wasn’t your fault, you shouldn’t have to pay anything, but it’s not that simple.
If insurance companies had their way, they’d pay you as little as possible. They always have their eye on their bottom line and look for ways to keep payments low. They have many tactics they use to try to limit your compensation. One tactic is to try to blame you for causing the accident. Coby L. Wooten, Attorney at Law, P.C. helps you fight back.
Is Texas a no-fault state?
No, Texas is an at-fault state, which means that the driver who caused the accident (and their insurance company) is responsible for paying damages. Some states require drivers to file claims with their own insurance no matter who was at fault, but not Texas. Here, you have the right to file a claim against the at-fault driver’s insurance or even take legal action if needed.
Because of this system, insurance companies work hard to avoid blame. They might argue that you were at least partially responsible to reduce the amount they have to pay. That’s why having a lawyer like Coby L. Wooten on your side is so important. He knows how to push back against these tactics and prove who was really at fault.
What to do after a car accident that wasn’t your fault
A car accident can leave you shaken and unsure of what to do next. But the steps you take in the moments and days afterward can make a big difference when it comes to getting the compensation you deserve. If you were in an accident caused by another driver, here’s what to do:
- Call the police: Always get a police report. It provides an official record of what happened.
- Get the other driver’s information: This includes their name, contact details, and insurance info.
- Take photos and videos: Capture damage to both cars, skid marks, road conditions, and any injuries.
- Talk to witnesses: If anyone saw the accident, get their contact information in case you need a statement later.
- See a doctor: Even if you feel okay, some injuries don’t show up right away. A medical record strengthens your claim.
- Notify your insurance company: Report the accident, but don’t accept blame or agree to a quick settlement.
- Contact a Fort Worth car accident lawyer: The other driver’s insurance company may try to lowball your settlement. Coby L. Wooten can step in and fight for full compensation.
How fault is determined in Texas car accidents
Figuring out who was at fault isn’t always simple. Texas law follows a modified comparative fault system, which means investigators will examine all the evidence to determine each driver’s percentage of responsibility. However, the insurance companies often don’t play fair. Their adjusters may overlook certain details or look for other reasons to shift the blame onto you. That’s why you need a skilled attorney on your side who can gather the facts.
Attorney Coby L. Wooten will look for:
- The police report
- Eyewitness accounts
- Vehicle damage and skid marks
- Dashcam or surveillance camera footage
- Cellphone records
- Your medical records
- Photos of the crash scene
Proving fault in a hit-and-run accident
A hit-and-run can leave you feeling helpless. One minute you’re in an accident, and the next, the other driver is gone. How can you get compensation if you don’t even know who hit you? If you’re able to capture the license plate, as well as a description of the vehicle and driver, the police can search for the hit-and-run driver. If the driver is found, they’ll be liable for your injuries and covering your damages.
In many cases, witnesses are able to identify hit and run drivers. Plus, video footage from traffic lights, business cameras, residential doorbells, and dashcams can capture the crash or the driver and vehicle after fleeing the scene.
What if I’m not at fault in a rental car accident?
Getting into a car accident in a rental adds another layer of stress. Who’s responsible for the damage? The good news is that if the crash wasn’t your fault, you shouldn’t have to pay out of pocket.
Here’s who might cover your damages:
- The at-fault driver’s insurance: Their liability coverage should pay for your losses.
- Your personal car insurance: If you have rental car coverage, your policy may help.
- The rental company’s insurance: If you purchased extra coverage, it may cover repairs.
- Credit card protection: Some credit cards offer rental car insurance if you paid for the rental with their card.
Rental car companies and insurance providers often argue over who should pay, leaving you stuck in the middle. Coby L. Wooten can handle the negotiations so you don’t get stuck with an unfair bill.
Who pays for a car accident that wasn’t your fault?
If you’re wondering who pays for your medical bills and other costs, it depends on the situation, but in Texas, the general rule is that the at-fault driver (and their insurance company) pays. Your damages can be covered through an insurance claim or a lawsuit.
When determining compensation for a car accident claim, Texas uses a modified comparative fault system. If one party is determined to be more than 50 percent at fault for an accident, that party can’t recover any compensation.
So, even if you were injured in an accident that you believe wasn’t your fault, the insurance company can try to find you partially at fault. This can affect the amount of compensation you can recover. For example, suppose a jury awards you $100,000 in damages but finds that you were 30 percent at fault for the accident. That means you could only recover $70,000.
An experienced attorney who knows how to handle insurance companies
The insurance companies are very familiar with the modified comparative fault system and know how to use it to their advantage. They have investigators who examine your accident very closely. The insurance company looks for ways to claim that the accident was partially your fault so they can pay you less. That’s why you should get a lawyer for a car accident that wasn’t your fault.
Attorney Coby L. Wooten knows how the system works, too. He’s been fighting insurance company attempts to take advantage of his clients since 1996. He has won sizable verdicts and negotiated favorable settlements for his clients who have been injured in car accidents that weren’t their fault.
Our firm focuses on the facts. We also have investigators, and they know where to look for evidence that the other driver was negligent. For example, the other driver may have been speeding, driving recklessly, texting, talking on the phone, or was falling asleep at the wheel. We have experience dealing with all types of car accidents, including accidents involving rental or leased vehicles.
Our investigators carefully review accident reports and medical records. We identify witnesses to the accident and interview them. If needed, Coby L. Wooten consults accident reconstruction experts and other specialists who can help us understand how the accident happened.
Determined to get you the best results
Attorney Coby L. Wooten knows how to build strong cases that prove you were not at fault for the accident that left you injured. He fights for the compensation you deserve. That includes compensation for current and future medical expenses related to your injuries, lost wages if you couldn’t work and other damages, such as pain and suffering.
If you’ve been hurt in an accident that wasn’t your fault, it’s important to get legal advice as soon as possible. Under the law, you have two years from the date of your accident to take legal action. Over time, however, valuable evidence can be lost or destroyed, and the memories of witnesses can fade.
If you’re wondering what to do, take the first step to protect your rights today. Contact us to schedule a free case evaluation with attorney Coby L. Wooten. He is ready to fight for the compensation you deserve.