State laws vary regarding how insurance claims are filed after a car accident. Each state has adopted laws that require drivers to obtain car insurance policies. However, whether the state is a “fault” or “no-fault” state for car accidents determines whose insurance pays the claim. A Texas automobile accident attorney can help you better understand how Texas’ “fault” laws may impact your car accident claim.
No-Fault Insurance Coverage vs. Fault Insurance Coverage
No-fault insurance coverage is optional in Texas. You are not required to purchase no-fault insurance. However, many people believe that no-fault insurance is beneficial because it pays an insurance claim regardless of who caused the car accident. No-fault insurance only covers the insured and passengers in the insured’s vehicle.
For example, if you have no-fault insurance coverage, you may receive compensation for medical expenses and lost wages even though you caused the accident. Fault insurance does not pay for your losses and expenses if you cause a car accident.
Texas is a “fault” state, which means that all drivers must purchase minimum liability insurance coverage. Liability insurance pays compensation to accident victims when you cause a car accident. Under Texas law, you must have the following insurance coverage:
- $30,000 for bodily injury to one person
- $60,000 for bodily injury to two or more people
- $25,000 for damage to property
You may purchase higher amounts of liability insurance, but you cannot drive legally in Texas with insurance coverage below the above amounts. Because you could be sued under Texas’ fault-based personal injury laws for damages higher than the minimum liability coverage, many people purchase higher amounts of coverage to protect their personal assets.
How Does a Fault-Based System for Car Accidents Impact My Right to Compensation?
Because Texas is a “fault” state, you must prove the other driver caused the car accident before you can recover compensation for your injuries, losses, and damages. Simply claiming the other driver caused the crash is not sufficient. A police report stating that the other driver contributed to the cause of the crash may not be sufficient to prove fault.
If the insurance company denies liability, you will need to provide additional evidence proving fault. In some car accidents, determining who is at fault for the crash can be a complicated process, especially when the crash involves multiple vehicles or other factors, such as weather and road conditions.
How Can a Texas Car Accident Attorney Help Me Prove Fault?
A Texas car accident attorney can help you gather evidence to prove fault. Our legal team performs a thorough accident investigation, which may include:
- Gathering evidence from the accident scene
- Review copies of the accident report
- Obtain statements from eyewitnesses
State laws vary regarding how insurance claims are filed after a car accident. Each state has adopted laws that require drivers to obtain car insurance policies. However, whether the state is a “fault” or “no-fault” state for car accidents determines whose insurance pays the claim. A Texas automobile accident attorney can help you better understand how Texas’ “fault” laws may impact your car accident claim.
No-Fault Insurance Coverage vs. Fault Insurance Coverage
No-fault insurance coverage is optional in Texas. You are not required to purchase no-fault insurance. However, many people believe that no-fault insurance is beneficial because it pays an insurance claim regardless of who caused the car accident. No-fault insurance only covers the insured and passengers in the insured’s vehicle.
For example, if you have no-fault insurance coverage, you may receive compensation for medical expenses and lost wages even though you caused the accident. Fault insurance does not pay for your losses and expenses if you cause a car accident.
Texas is a “fault” state, which means that all drivers must purchase minimum liability insurance coverage. Liability insurance pays compensation to accident victims when you cause a car accident. Under Texas law, you must have the following insurance coverage:
- $30,000 for bodily injury to one person
- $60,000 for bodily injury to two or more people
- $25,000 for damage to property
You may purchase higher amounts of liability insurance, but you cannot drive legally in Texas with insurance coverage below the above amounts. Because you could be sued under Texas’ fault-based personal injury laws for damages higher than the minimum liability coverage, many people purchase higher amounts of coverage to protect their personal assets.
How Does a Fault-Based System for Car Accidents Impact My Right to Compensation?
Because Texas is a “fault” state, you must prove the other driver caused the car accident before you can recover compensation for your injuries, losses, and damages. Simply claiming the other driver caused the crash is not sufficient. A police report stating that the other driver contributed to the cause of the crash may not be sufficient to prove fault.
If the insurance company denies liability, you will need to provide additional evidence proving fault. In some car accidents, determining who is at fault for the crash can be a complicated process, especially when the crash involves multiple vehicles or other factors, such as weather and road conditions.
How Can a Texas Car Accident Attorney Help Me Prove Fault?
A Texas car accident attorney can help you gather evidence to prove fault. Our legal team performs a thorough accident investigation, which may include:
- Gathering evidence from the accident scene
- Review copies of the accident report
- Obtain statements from eyewitnesses
- Work with experts to reconstruct the accident
- Review medical records
- Research defective car parts
- Review road conditions to determine if a defect or lack of maintenance was a factor in the crash
- Obtain driving records and maintenance records for truck drivers
Because Texas is a fault state, investigating the cause of the crash and gathering evidence to prove fault is a crucial step in recovering compensation for car accident injuries. Insurance companies may deny valid claims or underpay claims.
Contact our Ceja Law Firm today for a free consultation. Our Houston car accident attorneys can help you hold the negligent driver who caused your injuries responsible and liable for your damages.
- Work with experts to reconstruct the accident
- Review medical records
- Research defective car parts
- Review road conditions to determine if a defect or lack of maintenance was a factor in the crash
- Obtain driving records and maintenance records for truck drivers
Because Texas is a fault state, investigating the cause of the crash and gathering evidence to prove fault is a crucial step in recovering compensation for car accident injuries. Insurance companies may deny valid claims or underpay claims.
Contact our Ceja Law Firm today for a free consultation. Our Houston car accident attorneys can help you hold the negligent driver who caused your injuries responsible and liable for your damages.
