If you’re not at fault for a car accident in Texas, you have the right to recover fair compensation for your medical expenses, property repairs, lost wages, rental car costs and other losses from the at-fault driver’s auto insurance policy. You also have the right to choose your own doctor and repair shop. However, you must act quickly to document your accident and file a claim for the best possible outcome. Make sure to contact a car accident lawyer in San Antonio.
Texas Is a Fault State
There are fault and no-fault car insurance states. Texas is a fault state, meaning the insurance system requires the driver at fault for the wreck to pay for a victim’s medical bills and property repairs. Under this rule, if you are not at fault for a motor vehicle collision, you have the right to expect the person who did cause the crash to pay for your losses.
A fault law typically allows for greater financial compensation than the restrictions of a no-fault state. Holding someone else responsible for a crash, however, requires evidence that they are at fault. You will need to prove to the other driver’s insurance company that its policyholder caused your crash through an act of negligence, such as speeding, distracted driving or broken traffic laws.
You must prove your case using evidence that the other driver is more likely to be at fault than not. Common examples include a police report, eyewitness testimonies, crash analysis and reconstruction, photographs of the accident scene, video footage, and expert testimony. Proving fault and establishing your losses can result in a financial settlement offered to you by the other driver’s insurance carrier.
Compensation Available
You have the right to receive fair and full financial compensation from another driver’s car insurance provider based on the extent of your losses. All drivers in Texas are required to have at least $30,000 per person and $60,000 per accident in coverage for bodily injuries, plus $25,000 in coverage for property damage.
This liability coverage should be available to pay for a variety of your damages, including:
- Present and future foreseeable medical costs
- Disability expenses, including therapies and rehabilitation
- Lost wages and future earning capacity
- Property damage repairs or property replacement
- Out-of-pocket costs, such as transportation or a rental car
- Pain and suffering (and emotional distress)
You have the right to be treated fairly by a car insurance company during the claims process. Insurance providers are legally obligated to operate in good faith to process valid claims and offer reasonable settlements. However, initial offers are often too low. For this reason, you should never accept any settlements without first consulting with an attorney.
Steps to Take After an Accident Caused By Someone Else
After getting into a car accident that is caused by another driver in Texas, remain where you are and check yourself for injuries. Call 911 to report the crash. Request medical assistance, as needed, or go to the nearest hospital right away for injury treatment.
While you are still at the scene, take pictures and exchange information with the other driver. Don’t admit fault or apologize. Get the other driver’s insurance information so that you can file a claim. Call the insurance company as soon as possible to get the legal process started.
The Right to Hire a Car Accident Attorney
One of the most important rights that you have is the right to hire an injury attorney in San Antonio. You have the right to use a car accident lawyer in Texas to advocate for your rights when negotiating a settlement with an insurance provider. An attorney can help you understand and preserve all of your rights in the aftermath of a Texas car crash. Contact us today.