Being involved in a car accident can leave you dealing with physical pain, emotional stress, and financial uncertainty. If you're wondering who will cover your medical expenses, vehicle repairs, and other damages, you're not alone. Navigating the legal and insurance processes in Texas can be challenging, especially when you're recovering from injuries.
At its core, determining who pays for your injuries and damages after a car accident depends on several factors, including fault, the type of insurance policies involved, and the extent of damages.
Texas Is an At-Fault State
The first thing to know is that Texas is an "at-fault" state, also known as a tort state. This means that the driver who is determined to be at fault for the accident is financially responsible for the resulting damages and injuries. Typically, their auto insurance policy will cover these expenses up to the policy limits.
If you were not at fault in the accident, you have several options to recover compensation:
- File a Claim With the At-Fault Driver's Insurance
You can file a third-party claim with the at-fault driver's insurance company to recover damages. This could include medical bills, car repairs, lost wages, and pain and suffering.
- File a Claim With Your Own Insurance
Depending on the type of coverage you have, your own insurance may cover some or all of your expenses. For example, if the at-fault driver doesn't have insurance or their insurance is insufficient, uninsured/underinsured motorist coverage (if included in your policy) can help fill the gap.
- Pursue a Lawsuit Against the At-Fault Driver
If insurance coverage is insufficient or denied, you may choose to file a personal injury lawsuit against the at-fault driver to seek the compensation you deserve.
What If Fault Is Disputed?
Sometimes, determining fault isn't straightforward. Insurance companies may argue over who is responsible, or the at-fault driver may claim you were partially to blame. However, Texas follows a modified comparative fault rule. Under this rule, you can still recover compensation as long as you are not more than 50% responsible for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you were found to be 30% at fault, your settlement would be reduced by 30%.
It’s critical to have strong evidence, such as police reports, witness statements, and medical records, to support your case. An experienced personal injury attorney can help you effectively gather and present this evidence.
Types of Damages You May Be Entitled To Recover
After a car accident, you may be entitled to recover various types of damages. These are typically divided into two categories:
- Economic Damages
These are tangible, measurable losses, including:
- Medical expenses, such as hospital bills, medications, physical therapy, and follow-up care
- Lost wages due to missed work
- Vehicle repair or replacement costs
- Other out-of-pocket expenses, like transportation to medical appointments
- Non-Economic Damages
These cover intangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
What If the At-Fault Driver Is Uninsured?
Unfortunately, not all drivers carry the required liability insurance. Texas law mandates that drivers have a minimum of $30,000 in coverage per person for bodily injury, $60,000 per accident, and $25,000 for property damage. However, some drivers either do not meet these requirements or have no insurance at all.
If you're involved in an accident with an uninsured driver, you may turn to your own uninsured motorist (UM) or underinsured motorist (UIM) coverage, if your policy includes these provisions. This coverage can help pay for medical expenses, lost wages, and other damages. Without UM/UIM coverage, you may need to explore filing a lawsuit against the uninsured driver directly, though recovering compensation in such cases can be difficult if they lack personal assets.
The Role of Personal Injury Protection (PIP) and MedPay
Many Texas drivers also carry additional optional coverages, such as Personal Injury Protection (PIP) or Medical Payments (MedPay). Here's how these can help:
- PIP Coverage pays for medical expenses, lost wages, and other related costs, regardless of who was at fault. PIP coverage is often included in Texas insurance policies unless explicitly declined in writing.
- MedPay Coverage also pays for medical expenses, but unlike PIP, it typically does not cover lost wages.
Both PIP and MedPay can provide immediate financial relief while waiting for fault determinations or insurance claim resolutions.
Work With Car Accident Lawyers in Killeen, Texas
Dealing with insurance companies can be overwhelming, especially when you're focused on recovering from your injuries. Insurance adjusters may attempt to minimize or delay your claim, and without strong legal representation, you could end up with less compensation than you deserve.
Qualified car accident attorneys, such as Michalk, Beatty & Alcozer, L.P., understand Texas laws and how to negotiate effectively with insurance companies. We can handle every aspect of your claim, from gathering evidence to negotiating with the insurance companies. With our support, you can focus on healing while we fight to secure the compensation you need.
If you've been injured in a car accident in Texas, we can help you hold at-fault drivers accountable. Contact us today at (254) 765-9552 for a free consultation and take the first step toward resolving your case with confidence.