Personal Injury Lawyers in Houston TX | O'Hara Law Firm

Who pays for a car accident in Texas

Who Pays For A Car Accident In Texas?

When driving to and from your workplace, school, or the park, it is sometimes inevitable to encounter a car accident in Houston, Texas. There are reckless drivers everywhere you go, and being on the road exposes you to a certain level of risk. Suppose you are a victim of a car accident in Houston. In that case, the best thing to do is to consult with a car accident lawyer in Houston who can help you obtain a reasonable settlement offer from the insurance company. If you had a car accident, the first question that comes to mind is this: From whom can you legally demand compensation?

Texas is an At-fault State in Car Accident Cases

The essential thing that you should remember is that Texas is an at-fault state in car accident cases. This means that the person who is at fault is the one who is primarily liable for damages. That same person is the one who shall shoulder the medical expenses if anyone is injured. 

The driver shall also pay for the damage to somebody else’s vehicle. Other than those already mentioned, the erring driver shall answer for the loss of income, mental anguish, and suffering of the victim. It is then incumbent for the erring driver to pass on that liability to the insurance company if they are insured.

Thus, it is crucial to have insurance in Texas. You will never know when accidents may happen. It is better to be safe on the road with peace of mind knowing that if anything happens, you can hold your insurance company liable for whatever damage you cause.

Difference Between At-fault State and No-fault State in Car Accident Cases

The term suggests the primary difference between the at-fault and no-fault states in car accident cases.

An at-fault state or a tort state in car accident cases applies the rule that the person who caused the accident is liable to pay for the injured party’s medical bills. In this situation, there is a necessity to determine who is at fault in a car accident. The investigators will thoroughly inspect the scene of the accident and use relevant evidence to determine who is the negligent party. 

After this step, the investigators will submit their findings and recommendations through a report. The investigators, through their expertise, will be able to find out who is at fault. They will carefully study the aftermath of the accident, refer to CCTV cameras nearby, and gather all the evidence that they can to come up with an analytical report. 

The police will then submit their findings to the insurance company. The insurance company of the guilty driver is liable to pay all the losses suffered by the other party. Texas is an example of an at-fault state in car accident cases.

A no-fault state applies the rule that in car accident cases, your insurance company will pay you, following the inclusion of Personal Injury Protection coverage in your insurance policy. If you are seriously injured because of the accident, you do not have to chase the guilty driver so that you can help assist with your medical expenses. Your insurance company will be the one to pay you. All that you have to do is to file your claim against your insurance company. Some states with no-fault insurance laws are Pennsylvania, Hawaii, Kentucky, Florida, Michigan, New Jersey, and New York.

The rules apply differently so whenever you encounter a car accident, you should know whether the place of the accident is an at-fault state or a no-fault state.

Feel Secured with Property Damage Liability and Bodily Injury Liability Insurance

Your insurance policy shall be comprehensive so that you are protected against all the dangers of driving. Your insurance policy shall include a property damage liability which protects you from the risks of causing damage to another person’s vehicle. It is costly to pay for property damage from your own pocket. Do not wait until you encounter a car accident and regret why you did not include a property damage liability in your coverage.

A bodily injury liability insurance helps you pay for the medical expenses incurred by all persons who sustained injuries because of the accident. One, two, or even more persons may suffer physical injuries because of the impact of the collision. If you are to bring all of them to the hospital for medical treatment, this requires a lot of money. It is better to avail of this insurance coverage to have peace of mind while driving. You feel at ease when you drive, knowing that your insurance company will be responsible for whatever injury you may cause to another person.

Remember that every insurance policy has a face value or a limit. The insurance company will only be liable for up to the maximum amount stated in the policy. You cannot demand an amount higher than this limit because insurance is not intended for you to make money out of the accident. You will only be paid according to how much is your insurance coverage plan.

A Car Accident Lawyer in Houston Can Help You Demand Better Compensation

The guilty party shall be the one who shall bear the cost of all the consequences of the car accident in Texas. The problem arises when the guilty driver does not have enough insurance coverage to pay you for all the losses you suffered. What happens if the insurance coverage of the negligent driver is not enough? Does this mean that your right to file a claim is barred forever? The answer is no. Suppose the insurance coverage of the guilty driver is not enough to pay your medical bills, car repair, emotional trauma, mental anguish, and all other effects of the accident. In that case, you have the right to file a lawsuit to hold the driver liable.

A car accident lawyer in Houston can help you demand better compensation. Lawyers know what laws in Houston apply to your situation and how you can apply these laws to benefit you. A car accident lawyer in Houston knows when you should accept or reject a settlement offer by the insurance company.

Car Accidents in Texas

Car accidents in Texas happen almost daily. Determining who is at fault in a car accident is a tedious task. There are many cases in which the investigators are still deciding who between the two drivers caused the accident. These cases are complicated. There are even instances when the investigators will find out that both drivers are at fault or are negligent. The police investigators will submit their findings to the insurance companies. 

The insurance companies will review the report of the police investigators. Sometimes, they adopt the information and act according to the results of the investigation by the police. However, when the situation is complicated, insurance companies, through their investigation team, will also look at this matter and determine the level of negligence of the insured drivers. The insurance companies may also interview both drivers to know the exact details before the accident.

The Insurance Company of the Guilty Driver Pays the Injured Party

In Texas, the driver who caused the accident shall pay the injured party through their insurance company. Since it is essential to determine first who is negligent in the car accident, the attorney’s role is vital. An attorney will help protect your rights. During the investigation to determine who caused the accident, an attorney will ensure that the proper legal methods are exercised and that no evidence is altered. An attorney can help you through the entire process without worrying whether the investigation will be biased.

What happens if the insurance coverage of the driver who caused the accident is insufficient to pay all your losses arising from the accident? In this case, you have the right to institute a lawsuit against the erring driver so they will be personally liable to you. Suing the driver gives you a chance to collect the difference. Taking an insurance policy with good coverage is essential because if anything happens, you will still be liable personally for car accidents that you caused if the insurance coverage you acquired is minimal. It is better to shell out extra cash for your peace of mind than regret later on why you only took the minimum coverage. Car accidents will drain your finances if you are not responsible enough.

Lawyers at O’Hara Firm Will Help You in Car Accidents in Houston, Texas

Lawyers at O’Hara Firm will help you in car accidents in Houston, Texas. The firm takes pride in many years of service that gained the trust of hundreds of clients. Lawyers at O’Hara Firm specialize in car accident cases and personal injury cases that are vital whenever you encounter a car accident in Texas. The firm values your trust and confidence. You will be assured that the lawyers at O’Hara Firm have your best interests at heart. We will help you get a reasonable settlement offer from the appropriate insurance company when you are involved in a car accident.

Car Accident Attorney Houston, TX