Texas is not a “no-fault” state for car accidents. The Texas Department of Insurance (TDI) explains that every motorist is required to carry auto insurance.
The TDI explains that Texas law requires motorists to carry the minimum amounts of liability coverage, such as:
- $30,000 for bodily injuries to a single person
- $60,000 for bodily injuries to multiple people
- $25,000 for property damage per accident
When an accident occurs, you may experience losses costing more than what these coverage limits provide for. You could also be in an accident with a motorist who has no insurance or may suffer certain losses outside the scope of insurance coverage. In these instances, you may choose to pursue compensation with the help of a car accident lawyer.
EXPLAINING TEXAS’S APPROACH TO LIABILITY
Texas is a tort liability state.
The Insurance Information Institute (III) explains that in tort liability states:
- The party who causes an accident may have little protection against lawsuits.
- The at-fault party may be responsible for the injured party’s pain and suffering.
- The at-fault party may be responsible for out-of-pocket expenses paid for by the victim.
Texas Civil Practice and Remedies Code §33.001 notes that Texas operates under proportionate responsibility laws. In the event of a car accident, if an involved party is deemed to be more than 50% at fault for the collision, then they will be unable to pursue compensation. Yet, if an involved party is deemed less than 50% at fault for the collision, but still holds some percentage of fault, then that portion will be deducted from the amount of compensation they can receive.
The fact that Texas is not a no-fault state for car accidents could have numerous implications for you as the victim of a car accident or a loved one who was injured or killed in a collision. You may choose to work with a personal injury lawyer who can help with your case.
A LAWYER CAN HELP AFTER A CAR ACCIDENT
When you partner with a lawyer, their top priority is to recover compensation for your collision-related losses.
They can also explain:
- Who is liable for your accident-related losses
- Whether they believe that an insurance claim or lawsuit best suits your legal goals
- How they can provide legal assistance
- What you should do in the days, weeks, and months following your accident
There may be certain state-specific deadlines surrounding your case. For instance, per Texas Civil Practice and Remedies Code §16.003, you typically have two years from the date of your collision to file a car accident lawsuit. Your lawyer can take various measures to safeguard your right to compensation. They can also explain what bearing Texas’s statute of limitations could have on your case.
YOUR LAWYER CAN DEAL WITH THE INSURANCE COMPANIES
If you choose to file a claim following your car accident, your lawyer can handle all communications with the involved insurance companies. They can stand between you and any unfair insurance practices that could jeopardize your right to compensation.
Some of the other ways that a lawyer may help with your claim include:
- Filing the claim and its necessary paperwork
- Reviewing the involved insurance policies for any coverage options
- Sending your demand letter
- Itemizing the cost of your damages
- Submitting any supporting documentation to the insurer, such as proof of your injuries
- Responding to requests from insurance agents
- Negotiating a settlement
The liable insurance company may offer you less than you deserve. Your lawyer can employ various measures to protect your right to fair compensation.
A LAWSUIT IS AN OPTION FOR SEEKING FINANCIAL RECOVERY
Filing an insurance claim may not get you the outcome that you want. If this happens, then your lawyer may be able to file a lawsuit on your behalf. They will gather evidence, interview witnesses, and calculate the cost of your damages as they work to resolve your legal matters. We mentioned earlier that most car accident claimants may only have two years to file a lawsuit in civil court. For this reason, you should consider taking legal action as soon as you can.
CALL LONCAR LYON JENKINS TODAY
Calling Loncar Lyon Jenkins means calling in the Strong Arm. Our legal team is ready to get started on your case today. Even though Texas is not a no-fault state for car accidents, you still may have options when it comes to pursuing financial recovery.
Call us today at (800) 777-7777 for a free consultation.