Getting the Best Compensation in a Fault-Based Car Insurance System

Despite the advanced safety features in modern cars, such as automated emergency braking and blind-spot monitoring systems, the roads are still far from safe. Plenty of car accidents happen in Texas every day, many resulting in serious injuries or death. Speeding, driving under the influence of drugs, and texting while driving are among the most common causes of these accidents.

After a car crash, you’ll likely face medical bills, car repair costs, and other sudden expenses. Plus, you may be unable to work for weeks or longer, leaving you without an income to support your family.

If you’ve been involved in a car accident, you may be eligible for compensation. Since Texas follows a fault-based car insurance system, the party responsible for causing the accident must pay you. 

You will typically look to the at-fault driver’s insurance company for compensation. While that sounds straightforward, securing compensation after a car accident is often a complicated process. 

Unless you understand how fault-based insurance works and take the right steps after the crash, you might never get the money you deserve to cover your losses. That’s why it’s important to seek legal guidance in car crash claims.

In a fault-based car insurance system, the driver who caused the accident is responsible for paying the damages. For this reason, every driver is required to have auto liability insurance. 

Drivers can purchase additional insurance coverage on top of the liability policy. For instance, collision coverage pays for the repair of your car regardless of who caused the accident, and personal injury protection pays for your medical bills and lost wages. With uninsured motorist coverage, your own insurance company will pay your accident losses if the other driver is uninsured. 

Under liability insurance, it can be determined that drivers share responsibility for causing the accident. In such cases, the judge will look at the facts and apportion blame between the drivers.

If your share of fault is more than 50%, you won’t get any compensation. This can be frustrating when you have medical bills to pay and can’t work due to your injury. 

If your fault is less than 50%, your compensation will be reduced by the percentage of fault. For instance, if your damages are worth $30,000 and the court decides you are 30% responsible for the crash, you will receive $21,000.

This means that the stronger the evidence you bring to prove the other driver’s fault, the more money you can win.

Even if you do everything right while on the road, there is always a risk that another driver’s mistake could get you into an accident. When an accident happens, the other driver will often blame you, and their insurance will try to deny your claim or pay less.

Determining fault in a car crash is often a complex process, especially if the drivers blame each other. This also means that a simple mistake can cost you the compensation you deserve.

Taking the right steps after an accident can mean the difference between getting full compensation and walking away with nothing. Here are some important things to do if you have been in a car crash.

1. Report the Accident

The law requires that you report any accident resulting in injury, death, or property damage. Let the police know about the incident, and follow up with them to obtain the police crash report. This report can corroborate your account of the accident.

2. Document the Accident Scene

Get pictures and videos of the crash scene before the police clear it. Capture details like vehicle positions, skid marks, and traffic signs.

3. Get the Other Driver’s Information

Obtain the other driver’s contacts, license number, car license plate number, and insurance information. They will also need your details. You must also learn more about the other party’s insurance coverage. 

4. Collect Witness Contacts

Get contact details of those who witnessed the accident. Their accounts of the events can support your argument in determining fault.

5. Seek Medical Attention

No matter how small your injury might look, see a doctor immediately. Be sure to inform the doctor you have been in a car crash and their advice. If you don’t, you could weaken your claim.

6. Notify Your Insurance Company

Tell your insurance company about the accident in a timely manner. But be careful what you say. Provide only basic details, like when and where the crash occurred and who was involved. For additional details, refer them to your lawyer.

7. Speak to a Lawyer

The best way to win full compensation after a car accident is to hire an experienced lawyer. The lawyer will advise you on the right steps to take, help you gather evidence, and negotiate with insurance companies on your behalf.

While the average car accident settlement in Texas is around $22,000, each case is different. Depending on the severity of your injury and the quality of the evidence you present, your claim could be worth anywhere from a few thousand dollars to millions of dollars. Car accident claim compensation typically covers several benefits, including:

• Pain and Suffering: You may be compensated for mental anguish, physical discomfort, and other types of suffering caused by the accident.

• Medical Expenses: This covers costs like doctor visits, surgeries, hospital stays, medications, physical therapy, and medical devices.

• Lost Wages: If you missed work due to your accident injury, you deserve compensation for lost income. You may also be compensated for the loss of future earning capability.

After a car accident, someone will always blame you for causing it and then try to deny or reduce your claim. Auto insurance companies maintain teams of lawyers to defend their interests by deflecting claims. So you will be at a severe disadvantage if you choose to face them alone. 

The sooner you involve a lawyer, the better your chances of getting maximum compensation. An experienced car accident attorney will review your case, provide an accurate estimate of your losses, guide you through the claim process, and represent you in court if needed. 

Additionally, your lawyer may help you identify additional sources of compensation, especially if the at-fault driver’s policy limit isn't enough. For example, if the car that hit you had a mechanical issue, the manufacturer may be held accountable. Also, if you were hit by a drunk driver, the bar or restaurant that served them alcohol may be liable.