If you’ve ever been in a car accident and suffered injuries, you’re well aware of how painful and stressful the aftermath can be. You may have also realized how difficult and frustrating it is to deal with an insurance claim.
In 2019, there were approximately seven million total motor vehicle crashes in the United States, according to the National Highway Traffic Safety Administration (NHTSA).
Motor vehicle accidents, without a doubt, can result in serious injuries. In the aftermath of your accident, these injuries may result in time off work and financial expenses. So, what do you do, and who do you turn to for assistance?
Whether you live in a fault state or a no-fault state will ultimately determine your future steps. As a result, many individuals ask if Texas is a no-fault state when it comes to auto insurance. Texas is not a no-fault state, to put it bluntly. It is, rather, an at-fault state. What does this mean for you, though?
Our Texas personal injury lawyers at The Zimmerman Law Firm have helped countless accident victims throughout the state of Texas fight for their auto insurance claims rights. Give our team a call at (254) 752-9688 or send us an online message if you’re seeking for an advocate in your corner as you navigate the Texas auto accident insurance claims procedure.
Who is at fault in a car accident Texas?
You can file an insurance claim or a lawsuit against the at-fault driver in Texas because it is a “fault” state. As a result, any driver who causes damages or injuries in an automobile collision may be held accountable (Sec. 601.051). Most people cover this by buying liability insurance with the following minimal limits (however a driver can be sued for expenses not covered by insurance) (Sec. 1952.0515, Sec. 601.072):
Furthermore, while insurance companies are required to offer it, drivers may choose not to acquire uninsured or underinsured motorist coverage as part of their policy (Sec. 1952.101).
After you’ve returned home safely following an accident, you should file a claim with your insurance provider as soon as possible, but check your policy for the specific date. Furthermore, while you should not delay seeing a doctor, you should postpone car repairs if at all feasible, as your insurance company may want to check the damage or require you to visit an approved repair shop.
Within 15 days of receiving the relevant items for reaching a determination, the insurance company must accept or reject your claim (Sec. 542.056). They must explain why they rejected the claim, and if they accept any part of it, they must pay you within five business days (Sec. 542.056, 542.057).
How does no-fault insurance work in Texas?
Every driver in Texas is required by law to have minimum insurance coverage. At least $30,000 in bodily injury insurance per person, $60,000 per accident, and $25,000 for property damage reparations are required. Both drivers are financially protected by automobile insurance. It protects both the at-fault motorist and the not-at-fault driver from having to pay for their own losses out of pocket. In Texas, driving without the required insurance levels can result in fines, penalties, and the revocation of a driver’s license.
Following an automobile collision in Texas, all parties involved must establish who is at responsibility. Depending on the circumstances of the accident, this can be simple or complicated. You can make an insurance claim with the driver’s insurance carrier once you know who caused the collision. You will contact the relevant insurance and report the accident, damages, and injuries. Documentation such as medical bills and repair shop estimates may be requested by the company. Then you and your automobile accident lawyer can work out a fair payment for your losses.
The blame laws in Texas are the polar opposite of no-fault rules. In a no-fault vehicle insurance state, regardless of who caused the collision, injured parties will submit damage claims with their own insurance carriers. In a no-fault state, there will be no need to determine or establish responsibility in order to get compensation. However, the disadvantage of no-fault insurance is that it restricts your capacity to sue the at-fault party. Despite the fact that you were not at fault in the automobile accident, your car insurance rate may increase as a result of the no-fault claim.
Why is Texas a no-fault state?
No, Texas isn’t a blameless state. Texas is a tort state, which means that after an accident, the at-fault driver’s liability insurance pays for other people’s medical bills and repair costs up to the policy limitations. Texas drivers can buy personal injury protection (PIP) insurance to cover their own injuries in the event of an accident, but the state does not limit their right to sue an at-fault motorist for damages. As a result, Texas is classified as a tort state, also known as a “add-on” no-fault state.
You can enjoy the rapid payout of a no-fault state while still being able to sue the at-fault motorist for your expenditures, including pain and suffering, in tort states like Texas that allow drivers to purchase PIP. You’ll have to wait for blame to be decided before the at-fault driver’s insurance company will cover your medical expenditures if you don’t have PIP.
What happens if the person at fault in an accident has no insurance in Texas?
In Texas, driving without the bare minimum of liability auto insurance is unlawful. If you are involved in a car accident in Texas without insurance, the police will most certainly issue you a penalty. They may have your car towed or ask you to arrange for someone to drive it away from the scene with evidence of insurance. Some localities also have rules that allow cops to seize your car. If this happens, you will be required to pay a fee and produce proof of insurance in order to retrieve your vehicle.
How does insurance determine who’s at fault?
In order to decide who is at responsibility in an automobile accident, insurance companies look at state legislation as well as the specifics of the collision. They also rely on police reports, statements from drivers and witnesses, and any evidence gathered by the drivers at the scene of the accident (e.g., photos of the scene, injuries, and vehicle damage).
The At-Fault Driver Is Liable for Accident-Related Expenses
Some jurisdictions are more worried than others about who is to blame in car accidents. Because Georgia is an at-fault state, determining fault is critical because the at-fault motorist is responsible for all car damage, medical bills, and other accident-related costs.
Violating Traffic Laws During the Collision May Mean Partially At-Fault
Traffic regulations are also crucial, because if a driver was speeding or breaking any other serious traffic laws at the time of the crash, they might be held entirely or partially responsible.
Who Acted Negligently?
In any car accident, the laws addressing carelessness are the most significant. Although most automobile accident claims are settled out of court by insurance companies, all parties must be prepared to go to trial, and the question in car accident cases is always: “Who was the one who was careless?”
Both drivers can be negligent in Georgia, but only one (1) driver can be charged “cause” the accident or share more than 50% of the blame. You may not be able to recover expenses from the other motorist if you are more than 50% at fault for the accident because you effectively caused it. Modified comparative negligence is the term for this situation. The other driver’s insurance company will only pay for the percentage of blame they accept using comparative negligence.
For example, if you were speeding and someone else ran a stop sign, you could be 20% at fault for the accident, and the person who ran the stop sign would be responsible for the remaining 80% of your losses. You would not be able to file a claim if you both ran a 4-way stop sign and the other driver was not speeding since you would be more than 50% at blame for the collision.
In contrast, if a drunk motorist hits you while you are following all applicable traffic laws, the drunk driver may be entirely to blame for the accident and accountable for all of your damages.
Typically, the authorities have an opinion on who is to blame, and insurance companies categorize incidents according to the percentage of negligence.
The Police Report
Call the cops if you’re in a car accident. Any accident that results in death, injury, or property damage that over $500 is required by Georgia law to be reported to the police. In addition, the police can assist in determining who is to blame for an accident.
How The Police Help Determine Fault
While on the site, officers will examine the collision and compile a police report detailing the events. The responding officer usually makes a schematic of the incident and gathers testimonies from the drivers and bystanders.
Special conditions, such as mobile phone use, speeding, or driving under the influence (DUI), are sometimes noted by police officers and a citation is issued. Traffic citations can be used to prove that one of the drivers was at fault. In some circumstances, police officers will use their professional judgment to determine who is to blame for an accident.
How to Make the Most of the Police Report
Stay calm and tell the truth when speaking with the cops. Simply state the facts and describe your experience to the officer. Do not conjecture or bring up the subject of fault. Request the officer’s name and a copy of the police report, and keep in mind that you and your insurance company will refer to it throughout your car accident claim.
The Details of the Accident
Your insurance adjuster will investigate the collision and use the details to determine fault if the police are unable to determine who is at fault or if the insurance company disagrees.
To determine fault, the insurance firm will employ images, maps, witness testimony, medical data, and unique algorithms. Any evidence you can offer from the accident site will be beneficial. Your vehicle’s damage may occasionally tell a simple story of a rear-end collision or a left-hand turn accident in which culpability is obvious.
Take a deep breath and write down everything you remember about the collision, including everything the other driver said or did, before leaving the scene of the accident or even the hospital. Take down the names and contact information of any witnesses who contacted you.
Provide your insurance company with all of the evidence you have, and if you believe your insurance company is not acting in your best interests, consult an attorney about your legal alternatives.
Is Texas a no fault state 2019?
Texas isn’t one of the so-called “no-fault” states. Texas maintains the typical fault-based system, which means that the at-fault driver’s insurance company is responsible for paying for damages sustained in an automobile accident. In the state of Texas, every driver is required to have a minimum amount of automobile insurance liability coverage in the event of an accident.
- $60,000 per accident involving two or more injured people for bodily injury responsibility.
If you are injured in an automobile accident in Texas and were not at fault, you have two choices for recovering damages. You have the option of filing a claim with the at-fault driver’s insurance company or a personal injury lawsuit in Texas civil court. These insurance minimums may not always be sufficient to cover the full amount of your injuries, and you may require further compensation. A personal injury lawsuit may be justified in certain circumstances.
Is Texas A pure negligence state?
The majority of states use one of the two techniques described above. We are a big state in Texas “state of “modified comparative negligence” Even if you are somewhat at blame for an accident, you can seek for damages under Texas’ modified comparative negligence standard. If you are determined to be more than 50% at fault for an accident, you will not be able to recover any damages.
The rule in Texas is referred to as a “Fifty-one percent bar.” While not as punitive as the pure contributory culpability standard, this rule can be punishing on individuals who share responsibility for an accident.
How long do insurance companies have to determine fault in Texas?
When you awoke that morning, the last thing you expected was to be engaged in an accident, yet that is exactly what happened. While your immediate focus should be on getting better, you should not overlook your legal right to reimbursement.
You’re confident that you did everything correctly and the other driver did everything incorrectly, and that the accident was caused by carelessness and a refusal to follow the laws of the road. Your life has been severely disrupted as a result of your careless behavior. Medical expenditures, missed wages, physical pain and suffering, and the emotional toll it has taken on your family should all be paid for by someone, and it should not be you. Make sure you have a devoted attorney on your side as you go through the personal injury process. Contact us for a no-cost, no-obligation consultation!
Don’t Let Them Delay Your Claim!
Insurance companies have 15 days to approve or deny a claim in the state of Texas. If they have solid grounds and a sound explanation, they can extend it to 45 days. Fortunately, this means that the claims process in Texas is relatively quick. The main line is that you should not wait for the insurance company that is responsible for paying for your injury and losses to act.
Some insurance companies are straightforward and upfront in their dealings with claimants, and they make it their mission to provide excellent service to people who have legitimate capital claims. Other insurers, on the other hand, are less eager to do the right thing. They use a strategy of dragging their time and offering claims delay after delay to wear them down. Another example is erecting unneeded bureaucratic barriers.
Is Texas A partial liability state?
Each state has its own set of rules regarding the type of auto insurance that each driver must have. Some states are considered “no fault,” which means your auto insurance policy must include a “personal injury protection,” or PIP, component. If you are wounded in an accident or your car sustains property damage in a “no fault” state, you make a claim with your own insurance provider. No matter who was at blame in the accident, your personal auto insurance will cover a portion or all of your medical bills, lost earnings, and automobile repair costs.
Texas isn’t a “fault-free” state. Texas, on the other hand, is classified as a “comparative fault” state. In Texas, every driver who is more than 50 percent at fault for an accident must assume financial responsibility. The majority of drivers do so by having liability insurance.
Is Texas an at fault car accident state?
Simply put, when it comes to auto accident insurance claims, Texas is an at-fault state. However, in order to properly comprehend what this means for you, you must first have a fundamental understanding of both at-fault and no-fault rules, as well as the distinction between the two.