Car accidents are brutal and often yield injuries that can last a lifetime. With this information in mind, it’s only fair that the responsible party compensates you for your pain — both physical and emotional. In the U.S., figuring out this compensation can be difficult, as accident fault laws are different from one state to the next.
Some states require the party responsible for the accident to pay for the damages, while other states without a fault system require you to ask your insurance company to reimburse you for the damages.
No matter the case, having insurance means you don’t end up paying for everything out of your own pocket. Insurers may try to find loopholes to avoid paying you what they owe, but the right lawyer will be able to help you fight for what is rightfully yours.
If you live in Texas, you must check the laws. So, is Texas an at-fault state? Let’s examine the differences between the two cases in more detail before diving into the law in Texas.
What is the Difference Between At-Fault and No-Fault States?
Both at-fault and no-fault auto insurance systems are designed to help the people involved in the accident get compensation for damages. The difference is mainly in where victims get the compensation from, as well as their right to sue.
- No-Fault System
Through the no-fault system, all the parties involved in the accident seek compensation from their own insurance. They don’t have to prove that the accident is someone else’s fault, and the compensation includes anything to do with medical injuries.
The victim can still sue for emotional and other non-economic damages. Plus, the responsible party still has to pay for the property damage. However, the states have set thresholds for damages or injuries for the victim to file a suit. The no-fault system saves the victim from having to prove fault for the medical expenses.
- At-Fault System
Under the at-fault system, the insurance company of the person at fault pays for the victim. They can max out the policy, but if the recipient thinks that’s not enough, they may sue the responsible party for damages.
Is Texas a No-Fault State for Car Accidents?
Nope, Texas is an at-fault state. The victim will approach the at-fault party’s insurance to claim damages. The state still uses the tort liability system, so the parties are responsible for whatever damages they cause.
If the at-fault party fails to pay for the damages, the victim can bring a suit against them to claim compensation for any damages. These include medical, emotional, and physical damages.
Are Drivers Obligated to Get Insurance in Texas?
Yes, since Texas is an at-fault state, there’s a minimum amount of insurance drivers must get before taking to the road. Getting into an accident without insurance in Texas means the driver will have to pay for damages out of their own pocket, plus there are penalties for not getting the insurance.
The compulsory insurance policy has three parts:
- Minimum Insurance for Injury
The insurance must cover the medical expenses for both persons. The policy has to be a minimum of $30,000 for each person.
- Minimum Insurance for an Accident
The $30,000 insurance per person means the policy must be worth $60,000 at least. However, this may not cover everything, meaning the at-fault driver will be open to a lawsuit.
- Minimum Insurance for Physical Damage
After medical damages come property damages. The auto insurance policy should have $25,000 to cover the repairs in the aftermath of the accident.
What Are the Types of Auto-Insurance?
The minimum insurance policy that we just mentioned comes under liability insurance. There are other policies that you can include in your car insurance. These include:
- Liability Insurance
The minimum requirements for liability insurance are $60,000 for medical bills and $25,000 for property damage. However, you might want to increase these thresholds — if the damage is severe, your minimum won’t cover it and you might have to pay out of pocket. If you’re a high-risk individual, you’ll have to provide an SR-22 certificate to prove you have liability insurance.
- Personal Injury Protection
PIP insurance, as it is also known, provides injury coverage for both you and other occupants of your car. You can also claim insurance for lost wages (up to 80%), ambulance rides, funeral costs, rehab, and at-home care.
You can file for PIP to cover your expenses while waiting for a verdict on the at-fault lawsuit. Unless you tell your insurance provider in writing that you don’t want PIP insurance, they’re obligated to cover you.
- Medical Payments Coverage (Med-Pay)
Insurance companies may try to offer you Med-Pay instead of PIP, but it isn’t as extensive. The company can also set its own rules, so you’ll need to carefully read their policy. The most important part is that Med-Pay doesn’t cover lost wages, so be discerning while doing your research — don’t ignore the fine print.
- Uninsured/Underinsured Motorist Coverage
This coverage comes in handy if the at-fault driver doesn’t have enough insurance. Underinsured motorist coverage is part of regular auto insurance; if you don’t want it, the company must get that in writing. This coverage will also help in a hit-and-run when the at-fault driver can’t be found.
- Collision Coverage
If you’re the at-fault driver, collision coverage will pay for damage to your car. It includes repairs or replacement depending on the extent of the damage.
- Comprehensive Coverage
Comprehensive coverage will pay for repairs if your car is damaged in something other than a collision.
- Rental Reimbursement Coverage
This type of coverage pays for alternate transport for you to use while your car is repaired or replaced. Some auto insurance policies have rental reimbursement while others do not. so check beforehand.
- Towing and Labor Coverage
Some car insurance includes towing and labor coverage for any car breakdown issues. The company will cover the costs for whatever repairs or towing the breakdown may incur.
How Is Fault Determined?
There are two ways to determine fault in case of a collision. First, the insurance folks will make an assessment. If they admit their policyholder was at fault, they offer compensation.
If you don’t want to engage in pointless talks, you can speak with an auto insurance attorney. The insurance company may try to pay you less than what you’re owed, so it’s best to have a legal professional in your corner who can help you fight for maximum compensation.
If the losses exceed the limits of your insurance coverage, you can file a lawsuit against the negligent motorist. A judge or jury will then examine the evidence and make a ruling on liability. Again, you’ll need a lawyer to present your case. Engaging the services of a trained Texas car accident lawyer like Angel Reyes & Associates will drastically improve your chances of receiving a favorable outcome.
What Can I Do to Prove Fault?
If you’re in an accident, do not leave the accident scene. First check if everyone is okay, then call an ambulance if anyone is in danger or requires immediate medical attention.
Call 911 (or a non-emergency number) and explain the situation. The dispatch usually sends officers to the scene, and you can ask them to help you file the police report after the accident. Get the officers’ information, including their names, badge numbers, and phone number.
Document everything. Take pictures of your car’s damage and any injuries you may have suffered. Dash cam or CCTV footage is also helpful. Collect the contact information of any witnesses on the scene. At this stage, it’s also important to swap your insurance and other information with the other driver.
Inform your insurance company about the accident. Don’t say too much and refer everything to a lawyer. Your insurance company will also need a copy of the police report.
You’ll also need to see a doctor to assess your injuries. Keep the receipts for the medical bills. When you get the car repaired, keep those receipts too. Once your immediate medical needs have been addressed, contact a lawyer to help you with the rest of the process. Depending on the circumstances of the accident, they may call in experts and specialists to help prove your case.
What if Both Parties Contribute to the Accident?
If both parties contribute to the accident, it will come down to partial liability. Compensation will be reduced depending on what the injured party did to contribute to the accident.
The injured party can still claim damages as long as their contribution doesn’t exceed 51%. For instance, if a drunk motorist hits you while you are on the phone, the accident is partly your fault. The extent of that responsibility will determine how much of the damages you can claim.
Can an Insurance Company Refuse to Cover Damages?
If you file a claim with the at-fault driver’s insurance by yourself, they’ll confirm in fifteen days that they received your claim — the law dictates that this is the timeframe they must respond within.
Once they have the claim, they’ll investigate the crash. During this process, they may contact you — it’s normal procedure. However, it’s imperative that you don’t say, write or reveal any information to them. This information can be used against you down the track, so it’s best to get a lawyer on board immediately to help you navigate the process.
Once you’ve engaged a lawyer, they will help you deal with the insurance company so that you get everything you’re owed. It’s likely that the insurance investigators are looking for excuses to deny your claim. As previously mentioned, you need to be extremely careful and intentionally vague during your initial communications with the insurance company — even the smallest, most seemingly innocuous things you say can be detrimental to your case.
Some common tactics that insurance companies use to avoid paying you are rejecting your claims without reason or dragging the process out until you’re exhausted. Others will try to downplay your damages and underpay you. This is why it’s crucial to get the help of a Texas car accident attorney — they do the fighting for you.
Are There Any Legitimate Reasons the Insurance Company Can Use to Deny My Claim?
Yes, there are a few scenarios. The first is if you were a major contributor in the accident (more than 51%).
The second scenario would be a lack of medical records. If the medical records don’t indicate the same injuries you claim or if you don’t follow the doctor’s advice after the accident, you may find yourself in trouble.
The third scenario would be your claims exceeding the at-fault driver’s insurance policy. The insurance company isn’t obligated to honor any claims after you max out the other driver’s policy.
What if the Insurance Doesn’t Cover Damages?
You can sue the at-fault driver if the insurance doesn’t cover all your damages. However, you need to consider if the lawsuit is worth it. You’ll be wasting money if the at-fault driver doesn’t have any assets you can use to pay your bills.
That’s because the court will simply rule in your favor. If the at-fault driver doesn’t have anything to pay you, there’s not much you can do.
Utilizing your insurance in such circumstances is preferable. You can use your uninsured/underinsured motorist policy to offset your damages.
Is There a Statute of Limitations for Filing the Lawsuit?
Yes, Texas has a two-year statute of limitations. You have two years from the accident date to file your personal injury claim. If the final date comes on a weekend, the statute of limitations will expire on the next business day.
Of course, there are exceptions. Let’s say the accident victim dies as a result of their wounds. The lawsuit window starts from the day of the death. The deceased’s next of kin has two years from that date to file the case.
The period for the lawsuit can also be paused. However, there are only four situations for that to happen. The first is if the injured person is below 18 years of age. In such cases, the victims have two years after they turn eighteen. If the victim is mentally disabled, there’s no statute of limitations. If the at-fault driver is not in Texas, the period will pause during their absence. Similarly, if the at-fault driver dies, the statute of limitation will be paused for a year.
What Damages Can a Victim File For?
Medical bills include all medical costs incurred because of the accident. That includes your medicines, hospital stay, and surgery. They also include the physical therapy or medication you have to get because of injuries from the accident.
Lost wages cover all the income you lost because you couldn’t work. In addition, you’ll also be compensated if you’ve had to make career changes or earn less because of the accident.
If the injuries from the accident prevent you from performing duties like child care, you’ll also need compensation for that. The compensation also extends to any modifications you need to make to your house or office to accommodate your injuries.
You can also file a claim for emotional suffering and property damage. Car replacement or lower resale value comes under compensation for property damage.
How Long Does Settlement Take in Texas?
Generally, car accident settlements in Texas don’t need to go to court. To reduce the overall cost of the settlement, the insurance company will act as swiftly as possible. However, you must speak to a lawyer before settling.
The verdict will take a bit longer if your case goes to court. After filing the lawsuit, the discovery phase may take several months. Additionally, there are more negotiations with neutral parties to help you reach an agreement. If the case goes to trial, things can take anywhere from days to months.
Finding Help After a Car Accident in Texas
Car accidents are traumatic — injured and shaken up, your focus should be on recovery instead of arguing with insurance companies. That’s why you need a good auto insurance lawyer.
They handle all the hard work so you can recover in peace. Angel Ryes is your best bet if you’re looking for a Dallas auto accident lawyer. With more than three decades of experience with the nuances of Texas road law and personal injury law, our team can help you get what is rightfully yours so you can get back to your new normal.
We hope this article helped you learn more about how Texas decides who is at fault in a car accident.
