Does the At-Fault Party’s Insurance Pay Your Car Accident Damages in Texas?

The at-fault party’s insurance company should pay for your car accident damages in Texas. You may be entitled to a recovery for your medical expenses, lost wages, pain and suffering, and other damages from the crash. A member of our team can help you pursue a recovery.

The Minimum Coverage Every Texas Driver Must Hold

Under Texas law, each driver is required to have insurance to pay for any damages they may cause. Under this law, the minimum amount of coverage of an auto policy carries the following:

  • $30,000 in bodily injury coverage per person
  • $60,000 in bodily injury coverage per accident
  • $25,000 for property damage

Some drivers may have higher limits than the state’s minimum requirements.

Filing a Claim With the At-Fault Party’s Insurance Company

If your accident was the other driver’s fault, you can file a claim with their insurance company and seek a recovery.

You Can Obtain a Recovery Even If You Contributed to the Accident

Texas follows a modified comparative negligence 51 percent bar rule. This means that you can obtain a recovery even if you contributed to the accident — as long as you are less than 51 percent at fault. However, your percentage of fault will decrease the amount of your recovery. For example, if you were 25 percent at fault, you could only recover 75 percent of your damages demand.

Expenses or Losses the Insurance Company May Cover

You may suffer a wide range of expenses and losses after your car accident. These damages may include physical injuries, the emotional effects of the accident, and financial costs.

We cannot estimate your case worth until we have investigated the accident, your injuries, and your prognosis. However, there are several types of damages that we have recovered for past clients after a Texas car crash. These damages include:

Economic Damages

Economic damages are those that have a specific dollar value. These may include:

  • Hospitalization costs
  • Ongoing care
  • Medication costs
  • Surgery costs
  • Doctor’s appointments
  • The costs of paying for household services (e.g., yard work, childcare, etc.)
  • Lost earnings, lost benefits, lost 401(k) contributions, lost pension
  • Lost health insurance coverage
  • Lost earning capacity (If your injuries require you to work fewer hours, take a lesser-paying job, or retire, you can recover the difference between what you are currently making and what you should be making)

Noneconomic Damages

Noneconomic damages are more subjective and may require testimony from medical, vocational, and economic experts. These damages may include:

  • Pain and suffering
  • Mental anguish
  • Diminished quality of life

How a Car Accident Lawyer Can Help With Your Case

A car accident lawyer from D. Miller & Associates, PLLC may be able to help with your car accident case in the following ways:

Communicate With the Insurance Company

In many cases, the insurer will do what it can to devalue or deny your claim. To do so, it might attempt to get you to do or say something that jeopardizes your right to a recovery. We will handle all communication with the insurance company to prevent this from happening.

Compile Evidence That the Other Driver Was at Fault

We can gather the following evidence to prove the other driver was at fault:

  • Police report
  • Photos and surveillance video
  • Statements from eyewitnesses
  • Expert witness testimony (e.g., statements from an accident reconstruction expert)

Secure Expert Testimony

We can work with medical experts, accident reconstruction experts, and other expert witnesses to confirm the cause of your accident or prove the extent of your injuries.

Negotiate a Fair Settlement

We will attempt to negotiate a settlement with the at-fault party’s insurance company.

Take Your Case to Trial

If we are unable to reach a fair settlement with the insurance company, we may suggest filing a lawsuit to pursue a recovery in court.

File a Claim Before the Statute of Limitations Runs Out

The statute of limitations to file a personal injury claim from a car accident in Texas is two years under Texas Civil Practice and Remedies Code, Title 2 § 16.033.

If you do not file a lawsuit within this two-year period, you may be unable to take legal action to pursue a recovery. So, act quickly and call our team to schedule a free consultation.

Seek Legal Help From a Car Accident Lawyer in Texas

If you or a loved one suffered injuries in a car accident, D. Miller & Associates, PLLC can help you file a claim and seek a recovery from the at-fault party’s insurance company.

Get a free, no-obligation consultation today: 713-850-8600.