The costs of an auto crash – such as lost income and medical expenses – can add up very quickly. These expenses will continue to rise even after the accident during your recovery period. If you fail to seek compensation for injuries sustained after the crash, you may be forced to pay for your accident bills using your own money even when the accident was caused by another driver.
You should speak to a Houston auto accident lawyer who understands the way the legal system functions in order to be able to win the highest possible compensation package allowed under the law. Our lawyers know the different types of settlements offered to auto crash victims in Texas and will help you plan and file your claim for damages.
Texas Is an At-Fault Insurance State
Texas handles auto crash compensation on an at-fault basis. What this means is that the responsible party is liable for settling the case with the other person or persons involved in the crash. The at-fault party’s insurer will be required to compensate all the accident victims. There are three ways to receive a settlement for your auto crash in Texas:
- File a personal injury claim against the driver responsible for the accident
- File a lawsuit with your insurer (first-party claim)
- File a lawsuit with the insurer of the at-fault driver (third-party claim)
The liable driver is the person who is 51% or more at fault for the accident. It is not always easy to determine the person at fault because the majority of insurance companies and at-fault drivers deny any wrongdoing, and substantiating a claim against an at-fault driver can require evidence collection and follow-up with legal, law enforcement, and medical authorities.
Types of Settlement Available After a Crash
The monetary impact of an auto car accident can be overwhelming. That’s why it’s important to take into account all your expenses when calculating a number figure for the cost of a crash. Below are a few common expenses related to auto accidents:
- Physical therapy
- Medical treatment after the crash
- Lost income
- Surgical procedures
- Lost earning capacity
- You may also be compensated for:
- Loss of companionship
- Mental anguish
- Pain and suffering
- Wrongful death
Insurance Requirements in Texas
It is mandatory for drivers to have auto insurance under Texas law and they should provide physical evidence of coverage if asked to do so to avoid hefty penalties and fines especially when involved in a crash. The minimum insurance drivers in Texas should have is as follows:
- 30,000 for injuries caused to the body per crash if one person is injured
- 60,000 for injuries caused to the body when more than two people are injured per accident
- 25,000 per accident for property damage
These coverage slabs cater for injuries you may have caused to another person in a crash. You may be held personally liable for anything exceeding your policy limits. You should review your policy carefully to find out whether or not you have enough insurance coverage.
What Your Insurance Covers
Insurance is meant to protect you in case you’re involved in an accident since the minimum state coverage is for protecting other people that may be hurt in a crash and not you yourself. Below are a few optional coverage types that can offer you settlement through your policy:
- Comprehensive Coverage – Insures your vehicle against damages that aren’t related to accidents, such as vandalism.
- Personal Injury Protection (PIP) – Helps you recover lost wages as a result of missing work. It also takes care of your medical expenses up to the limit of your policy.
- Uninsured/Underinsured Motorist Coverage – This coverage offers protection against drivers that don’t have any insurance or enough in policy coverage to cover your damages.
- Collision Coverage – This isn’t optional, especially if you’re financing or leasing a car. It covers damages caused by an accident based on fair market value.
What Happens When You’re Hit by an Uninsured/Underinsured Driver?
You may think your options are limited if the driver that hit your vehicle doesn’t have insurance coverage. This is not true, and you should contact our Houston auto accident team since different options exist and will apply to your unique case.
You may file a lawsuit if you have underinsured or uninsured car coverage with your insurance company or if you’re a hit-and-run auto accident victim. You can also pursue other legal options if you don’t have underinsured or uninsured car insurance. However, you should talk to a lawyer immediately after an accident as you may not be compensated fairly if you delay.
Contact an Experienced Legal Team in Houston to Handle Your Case
Winning fair compensation in Texas can be difficult since it’s an at-fault insurance state. You will likely face a number of challenges during the claims process and while dealing with the other party’s insurance company. For these reasons, speak with our team of knowledgeable auto accident lawyers to review your insurance policy and your claim in order to help you win the compensation you deserve. Call us on 713-677-2159 to schedule your consultation.