Once the initial shock of a car accident in Texas settles, the legal process of determining who is responsible for the damages begins. How your costs are covered will depend on whether your state follows no-fault or at-fault insurance laws.
Representing your best interests is our priority when Texas at-fault insurance coverage leaves you with costly damages from a negligent driver. The Lubbock car accident lawyers at Liggett Law Group will strive to maximize your damages recovery. Below, we examine how no-fault and at-fault insurance impact drivers and what each coverage means for you.
No-Fault Insurance
States with no-fault insurance laws require drivers to carry policies that cover their own costs in an accident, regardless of fault. This means your insurance provider pays for your damages, even if another driver was responsible. No-fault insurance is designed to reduce the number of car accident claims in court.
Because each insurer is responsible for covering its own policyholders’ damages, no-fault insurance can be more expensive. However, it also simplifies compensation when you are not at fault or when the other driver is uninsured.
Personal Injury Protection and No-Fault Insurance
Drivers in no-fault insurance states must carry Personal Injury Protection (PIP) coverage. This insurance generally covers the following for an injured driver:
- Medical costs
- Lost wages
- Essential services, such as house cleaning or lawn care
- Funeral expenses
- Losses to a family, such as the deceased’s income
What PIP insurance covers varies by state. Speaking with your insurance provider is vital to understanding what your auto policy includes. PIP coverage can help ease the financial burden caused by losing a primary wage earner.
Reducing the potential for court cases may also relieve families from additional legal stress after a car accident death.
At-Fault Insurance
Many states, including Texas, follow at-fault insurance laws. Under these laws, the driver responsible for causing the accident is also responsible for covering the damages of any injured parties. Texas’s minimum insurance requirements for at-fault coverage are 30/60/25, which includes:
- $30,000 for bodily injury coverage per person
- $60,000 total for bodily injury per accident
- $25,000 for property damage
Additionally, Texas law requires insurance companies to offer uninsured motorist and PIP coverage when you purchase a policy. While these coverages are not mandatory, they can provide significant benefits. The Texas Department of Motor Vehicles (TxDOT) estimates that 20% of drivers in Texas do not carry auto insurance. To decline these coverages, drivers must refuse them in writing.
Additional Coverage in At-Fault Insurance States
Many drivers in at-fault insurance states purchase additional coverage beyond the minimum requirements. Minimum coverage is often insufficient to compensate for damages in a severe accident. Optional insurance coverages in at-fault states may include:
- Medical payment coverage, which covers injuries sustained as a passenger, pedestrian accidents, or cyclist accidents
- Collision coverage for vehicle repair or replacement after a crash
- Towing and labor coverage
- Rental reimbursement coverage
Your location, driving habits, and risk factors may influence whether you choose additional insurance protection.
Recovering Damages from an At-Fault Driver with Minimum Insurance
If an at-fault driver’s insurance does not fully cover your damages, you may need to file a lawsuit to recover the remaining costs. In both no-fault and at-fault states, you can pursue a car accident lawsuit. However, in no-fault states, your damages must meet specific criteria before legal action is allowed.
In an at-fault state like Texas, you would file a claim against the negligent driver’s insurance. If your damages exceed their policy limits, you may need to take further legal action. A Lubbock car accident lawyer can discuss your options for recovering unpaid damages.
At-Fault Insurance and Negligence Laws
At-fault insurance laws incorporate various negligence rules for determining responsibility in an accident. Texas follows a modified comparative negligence system, meaning each driver’s percentage of fault affects their compensation.
For example, if a driver runs a red light and you crash into them, their insurance adjuster may argue that you were speeding and share some blame. If the insurance company assigns you 35% of the fault, they will only be responsible for 65% of your damages.
Insurance companies may use other tactics to reduce your claim. They might undervalue your vehicle, underestimate repair costs, or dispute your medical expenses. Having an attorney on your side can help counter these tactics and ensure you receive fair compensation.
Proving Fault in an At-Fault Insurance Claim
To recover damages in an at-fault state like Texas, you must prove that the other driver was responsible for the accident. This requires strong evidence, which may include:
- Police reports
- Witness statements
- Traffic camera footage
- Accident reconstruction analysis
- Medical records
- Vehicle damage reports
An experienced attorney can help gather and present this evidence to strengthen your claim and counter any arguments from the insurance company.
Struggling with Unpaid Expenses After a Texas Car Accident?
If you are facing unpaid expenses after an accident due to at-fault insurance limitations, legal assistance can make a significant difference. Our Lubbock car accident lawyers understand the full value of your claim and will relentlessly pursue the compensation you deserve. Contact Liggett Law Group today for a free consultation and let us help you recover financially from your accident.