Who pays for
Car Accidents in Texas?
Get a Free Consultation
Car Accidents in Texas
Who pays for them?Get a Free Consultation
Receiving compensation
for car crashes
Typically the at fault-driver’s insurance company must pay for the damages caused by a car accident. Every state has a negligence law, and there are different perspectives on holding negligent parties accountable. In some states, if a party has any percentage of fault in causing the accident, they cannot receive compensation for damages. However, this isn’t the case with Texas. Texas bases compensation for car accident damages on a legal concept called comparative negligence.
How does comparative negligence law work?
The degree of negligence each party contributes to the accident is a factor the court uses to determine compensation for damages. Therefore, the court assigns a percentage of fault to each party involved in the accident. For example, if one driver ran a red light and collided with another driver, but the other driver wasn’t wearing a seat belt, the court would assign a percentage for each party’s negligence. The end result might be that the court assigns the party failing to wear a seat belt 20% fault and the party running the red light 80% fault. Let’s say the total damages came to $100,000 for medical treatment, vehicle repair and lost wages for the party who was hit by the driver running the light. The at-fault party would owe 80% of $100,000 or $80,000. Typically, the at-fault driver’s insurance company must pay the compensation for damages. Of course, they will only pay up to the driver’s policy limits.
Compensation for Car Accident Injuries and Property Damages
No Insurance?
Not Enough Insurance?
In many states, drivers have a legal obligation to carry liability insurance in order to drive a vehicle. Despite the fact that the law requires all drivers to carry auto insurance, there are drivers who disobey the law. Nationwide, approximately 13% of drivers aren’t carrying insurance, and in some states the number is as high as 20%. If the driver who hit you either fled the accident scene, has no insurance or their insurance has lapsed, then you won’t receive payment for your damages. Many drivers carry uninsured motorist/underinsured motorist coverage to avoid this type of situation.
Uninsured Motorist/
Underinsured Motorist Claims
Fourteen states require drivers to carry uninsured motorist/underinsured motorist coverage. Texas is not one of the states that requires it. The uninsured motorist insurance pays for bodily injury and property damages. The underinsured aspect of the policy might cover the medical expenses and property damage not paid by the at-fault driver’s auto insurance. This type of policy also covers damages caused by hit-and-run accidents. How it works is: you must report the claim to your own insurance company to cover a hit-and-run, a party who has no insurance or to pay the under-insured amount that the other driver’s insurance does not pay.
No Insurance? Not Enough Insurance?
In many states, drivers must carry liability insurance in order to drive a vehicle legally. Despite the fact that the law requires all drivers to carry auto insurance, there are drivers who disobey the law. Nationwide, approximately 13% of drivers aren’t carrying insurance, and in some states the number is as high as 20%. If the driver who hit you either fled the accident scene, has no insurance or their insurance has lapsed, then you won’t receive payment for your damages. Many drivers carry uninsured motorist and underinsured motorist coverage to avoid this type of situation.
Uninsured Motorist/
Underinsured Motorist Claims
Fourteen states require drivers to carry uninsured motorist/underinsured motorist coverage. Texas is not one of the states that requires it. The uninsured motorist insurance covers bodily injury and property damages. The underinsured aspect of the policy might cover the medical expenses and property damage not paid by the at-fault driver’s auto insurance. This type of policy also covers damages caused by hit-and-run accidents. How it works is: you must report the claim to your own insurance company to cover a hit-and-run, a party who has no insurance or to pay the under-insured amount that the other driver cannot pay.
We handle car accident
claims nationwide
Some states do not have liability insurance, which is the type of insurance where the at-fault driver pays for the other driver’s damages. Instead, they have no-fault insurance. With no-fault coverage, each driver’s own insurance company pays for their damages when an accident occurs. If the damages exceed the insurance policy limits and the other driver was at fault, usually you can sue them for the remaining damages. At the Law Office of Michael R. De Laz, we have extensive knowledge regarding the insurance and negligence laws in Texas and other states and can assist with your claim no matter where you live in the U.S.
How can accident lawyers help with
serious injuries and damages?
When injuries are severe and damages are extensive, an experienced car accident lawyer can help you deal with insurance companies. There are often many complexities involved. And, to get an insurance company to pay fair compensation, you may need to rely on an attorney’s ability to negotiate a settlement.
Call the Law Office of Michael R. De La Paz at (210) 225-HURT (4878) or toll free (800) 645-8553. You can discuss the details your accident in a free consultation, and we’ll help you recover the compensation you deserve.
Law Office of
Michael R. De La Paz
Contact Us
Schedule a Free Consultation
Law Office of
Michael R. De La Paz
Contact Us
Schedule a Free Consultation