Texas uses a fault-based system for auto insurance and personal injury claims, which implies that whoever is 51% responsible for the accident must pay for the damages. The at-fault driver’s insurance provider should compensate you for the injuries you sustained if you file a third-party claim injury claim. You can also file a personal injury lawsuit against the at-fault driver, in which case their insurance company will still represent their interests.
How can you collect damages after a car accident?
Insurance companies will often look for ways to pay you less than the amount you are eligible to claim. They might even try to pin the accident on you. If you decide to pursue a third-party injury claim or a personal injury lawsuit, you need to prove the following:
- The other driver was negligent or acted wrongfully
- Their negligence or wrongful actions caused the car accident
- The car accident directly caused the injuries and other damages you incurred
After getting into a car accident, seek medical attention immediately so you can directly link your injuries to the car accident. Furthermore, you need to gather evidence and facts through pictures, videos, medical records and witness testimonies to support your claims.
Your car accident claim should cover all your damages
All drivers in Texas should legally carry 30/60/25 liability insurance, but some car accidents cause more extensive damages and catastrophic injuries. You deserve full compensation for the economic and noneconomic damages from the car accident. You can retrieve compensation from other sources by identifying every potential liable party.
The accident was not your fault, so you should not have to cover the expenses.