Texas is an at-fault insurance state, not a no-fault state. This means that if you’ve been in a car accident, the at-fault driver is responsible for paying the damages caused by the accident. Below we will examine how this differs from a no-fault state and how it might impact your car accident claim. Consulting with an Austin car accident lawyer can help you understand your rights and navigate the claims process.
What’s the Difference Between No-Fault and At-Fault Insurance?
In a no-fault insurance state, drivers are generally required to carry personal injury protection (PIP) coverage to pay for their own medical expenses and accident-related damages, regardless of who was at fault.
In many cases, drivers can work with their own insurance company to receive compensation for their losses up to the policy amount. However, PIP coverage does not cover all types of damages. Further, in no-fault states, drivers can only file claims against the drivers responsible for their accidents under limited circumstances.
In an at-fault insurance state like Texas, the at-fault driver is responsible for the damages caused by the accident. You can file a claim with the at-fault party’s insurance carrier to receive compensation rather than with your own insurance company. Accordingly, you may need to prove who was at fault if you were in a car accident in Texas.
How Is Fault Determined in a Car Accident in Austin, TX?
Because Texas is an at-fault state, it’s important to understand who was at fault if you were involved in a car accident. If you’ve been in a car accident and believe another driver or a third party was to blame, you or your attorney may need to gather evidence to prove the other person was responsible.
The following types of evidence can help establish who was at fault in a car accident:
- Photos of the accident and the surrounding area
- Photos of damage to the vehicles and other property
- Witness statements from people who were involved in or observed the accident
- Expert witness opinions
Other types of evidence may be necessary to establish fault in your case, as each car accident case is different. For example, police reports can prove useful during insurance claim negotiations – though they would likely constitute inadmissible “hearsay” in a court of law.
An experienced car accident lawyer in Austin, Texas, can help gather the proper evidence to support your case.
What if You Were Partially At Fault for a Car Accident?
You may be wondering whose insurance will cover your damages if you bear some responsibility for the car accident. The legal term for this concept is contributory fault.
States handle contributory fault in different ways. For example, in a few states, a defendant is not responsible for the damages they caused in a car accident if the plaintiff was even 1% at fault. This is called pure contributory negligence. Fortunately, Texas is not one of these states.
Instead, Texas is a modified comparative negligence state. This means that a plaintiff may recover for their losses as long as they were less than 51% responsible for the accident.
How Can an Accident Attorney Help With Your Case in Austin, TX?
Our Austin personal injury lawyers at FVF Law Firm – Injury & Wrongful Death Lawyers can help you through the claims process with the at-fault party’s insurance company following a car accident. Depending on your case, an experienced attorney may help you with the following:
- Filing a claim with the at-fault party’s insurance
- Completing insurance claim paperwork
- Gathering and submitting evidence to establish fault and prove other elements of your claim
- Negotiating a settlement with the insurance company
- Making sure your claims are filed within Texas’s two-year statute of limitations for personal injury claims
- Bring your civil case to court, if necessary
If you’re still unsure how a car accident lawyer can help you with your car accident case in Austin, TX, you can call our office to schedule a free consultation.
Contact Our Car Accident Law Firm in Austin, TX
If you’ve been injured in an accident in Austin and need legal help, contact our Austin car accident lawyers at FVF Law to schedule a free consultation with our team.
FVF Law
3101 Bee Caves Rd #301, Austin, TX 78746, United States
(512) 982-9328
