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May 24, 2019 by Greg Baumgartner
Is Texas a “No-Fault” State for Car Wrecks? The answer is NO; Texas is not a no-fault state. Texas is a comparative fault state. You must prove fault to win compensation for your injuries from an accident in Texas.
When involved in an automobile accident in Texas, many people ask if Texas is a no-fault state regarding car accident compensation claims.
There are many states where the system is based upon no-fault, and you claim under your auto policy for car accident compensation. Texas, however, does not adhere to this system of compensation. In Texas, you must prove the at-fault party caused the accident. Also, your fault must be less than 51% to get damages.
We use a comparative fault system in Texas to determine damages for personal injuries, such as auto accidents. In short, Texas is not a no-fault car accident state.
The claim is made through the at-fault person’s insurance company. If you are hurt in an accident with an 18-wheeler, your claim is against the truck driver or the trucking company, not the insurance carrier.
Texas uses a comparative fault model for automobile accidents. This model asks the finder of fact, usually a jury, to decide who is responsible for causing the accident. The at-fault parties’ insurance carrier typically pays damages, although the lawsuit is filed directly against the driver.
If you have an accident and are not at fault, or if you are less than 50% at fault, you must file a claim. This claim will be with the other party’s insurance company. If the case cannot be settled, we will file a lawsuit. This will be against the negligent driver, their employer, or another responsible party.
If the other driver did not have insurance during the crash, or if your damages exceed their policy limits. In that case, you may also want to claim your own insurance company if you have UIM or UM coverage. You also may be entitled to PIP or personal injury protection benefits under your auto insurance policy. PIP benefits are paid without regard to fault.
Example 1. You are in a car accident with another person who hit you from the rear while you were stopped at a red light. In this example, it is likely that all fault will be placed on the other driver who failed to control speed. So you would collect all of your damages.
Example 2. Like the prior example, you are struck in the rear. However, traffic stops in front of you. You hit the brakes and crashed into the car ahead. Just then, the other driver hit the back of your car. In this case, you and the driver who hit you from behind may share the blame for the crash.
If the fault was determined to be 30% on you and 70% on the other driver, you could collect 70% of your damages. But if your fault is over 50%, you are barred from collecting damages in Texas.
In Texas, all drivers with registered vehicles must have minimum liability insurance. Liability insurance helps protect the other person in an accident if you are at fault. It covers their damages, injuries, or property damage.
You need at least $30,000 per person for bodily injury liability coverage. If you cause an accident and someone gets hurt, your insurance will pay up to $30,000 for their medical costs.
$60,000 or more per accident for bodily injury liability coverage: This coverage raises the limit to $60,000. It covers all bodily injury costs from an accident you caused.
At least $25,000 for property damage liability coverage: If you are at fault in an accident and cause damage to someone else’s property, this coverage will protect up to $25,000 for repair or replacement costs.
While liability insurance is the most common way to meet Texas insurance requirements, alternative options exist. For instance, depositing a substantial amount of cash with the state government to self-insure is possible. However, the majority of drivers choose to purchase liability insurance.
Read More: Car Insurance Attorneys Near Me: Auto Insurance Lawyer in Houston
It is worth noting that despite legal requirements, some Texas drivers do not have car insurance. This underscores the importance of being adequately insured with UIM coverage to protect yourself and your passengers in an accident.
However, Houston has many accidents where the person at fault has no liability insurance.
Often, liability insurance coverage is above the minimum coverage in Texas. You may also be able to stack coverage with your auto insurance if you have uninsured or underinsured motorist coverage.
We recommend hiring an attorney after your car accident to maximize your damages. Compensation will vary depending on how the accident occurred and the extent of your injuries. Here are a few examples of legally permissible compensation in Texas for a car accident injury:
Since Texas is not a no-fault state, proving who caused an auto accident is important. If you are injured in Texas, you or your representatives must be ready to show responsibility for the accident. A jury decides who is responsible in cases that cannot be settled. This makes the initial investigation and your actions at the scene very important.
It is common for someone who admitted their mistake at the scene to change their story later. This often happens after they talk to their insurance company or hire a lawyer.
The best option is to hire a car accident lawyer in Houston right after the crash and let them handle the first investigation.
Witnesses to the crash can be very important. Getting their contact information at the scene can greatly affect the case’s outcome. Many rely upon the police officer investigating the crash to record the witness’s information on the crash report.
Relying on the officer is a big mistake. When injuries don’t look serious, the officer might forget to collect the witness’s contact information. This information is often not included in the official crash report.
Obtaining photographs at the scene showing not only the property damage and severity of the impact but also the location of the vehicles at final rest and other helpful information is always a good idea. Photographs can show not only the severity of the hit but also the impact position and lane of travel.
Just because the other party receives a citation or a “ticket” is not binding upon the other insurance company regarding accepting liability or what a jury may determine.
Most traffic tickets are dismissed when fought, and evidence that the ticket was issued, barring conviction, probably will not be admissible in a Texas civil trial for personal injury damages.
Yes, if you are partly at fault, you can still collect if you are not more than 50% responsible for causing an accident in Texas. If a jury or judge determines that you are more than 50% at fault, you will take nothing in the way of damages. In Texas, it does not matter if you are hurt in a car accident, construction accident, or another incident. If you are less than fifty-one percent at fault, you may be able to get compensation.
If you are partially at fault, but less than 51% of your losses are reduced, your percentage of fault is attributed to the judge or jury.
For example, if your damages were $100,000 and a jury found you 33 1/3% at fault and the other driver 66 2/3% at fault, your damages would be reduced to $66,666.66.
Yes, there are many instances where you can handle a personal injury case on your own; however, do not expect the insurance company to treat you fairly without counsel.
The rule of thumb is that the more serious your injury, the more likely you will need a personal injury attorney to help you. Anyone with severe injuries such as a closed head or spinal cord injury or needing surgical intervention should speak with the best personal injury attorney as soon as possible.
You must seek needed medical care as soon as possible after an accident. A big part of how an insurance adjuster decides how much money you get is based on your doctors’ opinions. It also depends on your total medical bills.
One key piece of evidence about damages is a doctor’s opinion. This opinion focuses on the injuries from the car accident.
If the insurance company “accepts responsibility,” they hope you won’t hire a lawyer. This way, they can settle the case for much less than it is worth.
Many car accident victims in Texas realize they need a lawyer after months go by. This often happens when they finally get a settlement offer from the insurance company. Only then does the victim realize that the insurance company never intended to be fair.
Sometimes, waiting to hire the best attorney for my car accident makes it harder to find a good lawyer. There may be things you did or did not do that could hurt your case.
No, most reputable personal injury law firms offer initial consultations without cost. You can get a feel for the law firm through an initial consultation. If you feel they are hurrying to get you off the phone or sign you up, it may be best to look elsewhere.
Always do your homework before retaining a lawyer for a Texas car accident before you sign any paperwork with the lawyer. Be wary of a mill or high-volume law firm, as your case may be only a number to them. Finding the best auto accident attorney in Houston takes some research.
Be careful of claims from organizations about an attorney or law firm. Only trust ratings that come from peer reviews by other lawyers.
Most rating entities have a financial relationship with the law firm or the attorneys they are rating. The rating may be driven by the financial incentive paid to the rating agency. Look for an attorney who has experience in punitive damage if your accident involved a drunk driver.
Contact a top-rated Houston car accident lawyer at Baumgartner Law Firm for more information by calling (281) 587-1111.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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