When you get into a car accident in Texas because someone else is negligent, they can be held accountable for your damages, including your medical bills, lost wages, and emotional distress. Insurance will be your primary source of compensation.
Since Texas is a fault-based state for car accidents, you can file a claim with the negligent driver’s insurance company to recover benefits from their insurance policy. An experienced Austin car accident lawyer can help you navigate the claims process and work to recover the compensation you need and deserve.
Texas Is a Fault-Based State for Car Insurance
Texas follows a fault-based system for car accidents. Drivers are required to purchase insurance to pay for damages if they cause an accident that results in property damage, personal injury, or wrongful death.
Texas sets strict minimum requirements for car insurance policies:
- $30,000 per person and $60,000 per accident in bodily injury coverage, and
- $25,000 per accident in property damage coverage.
If you get into a car accident and another driver is to blame, you can recover at least this much from their insurance company. Your settlement will depend on the extent of your injuries, the amount of time you have to miss work, your income, the costs of vehicle repairs, and the harder-to-value trauma you’ve experienced because of the car crash.
The more seriously you’re injured, the more your insurance claim might be worth. A dedicated car accident attorney can help you calculate the true value of these damages. Bodily injury coverage is designed to help you navigate the financial consequences of the physical injuries you’ve suffered in the car accident, such as:
- Emergency room care, hospitalization, specialist consultations, rehabilitation, medication, and other medical bills
- Lost wages and disability
- Pain and suffering
If the driver purchased minimum coverage, you’ll have at least $30,000 for these expenses.
Property damage coverage is intended to pay for vehicle repairs or a new vehicle if yours is totaled in the crash. If the insured purchased minimum coverage, $25,000 can be allocated to your damages. However, that $25,000 is designed to cover all property damage from a single crash. If someone else in the crash sustained vehicle damage, that $25,000 will be used among multiple plaintiffs.
What If the Driver’s Car Insurance Policy Doesn’t Cover the Full Cost of My Damages?
According to the National Safety Council, the average economic cost of a car accident resulting in possible injury is $28,000. When an injury is evident, the average cost is about $45,000. For disabling injuries, costs average $174,000. So, unless you’ve suffered minor injuries, there’s a good chance that your damages will exceed a driver’s auto insurance policy limits (especially if they’ve opted for minimum coverage).
In these situations, it doesn’t mean that you can’t recover money above and beyond what the at-fault driver’s insurance company will pay. It just means you’ll have to explore other options for getting money for the balance of your damages.
You’ll have a few options, depending on your circumstances and the types of benefits you’ve added to your car insurance policy. Our experienced car accident attorneys in Austin will help you understand your options and exhaust every avenue to help you recover full compensation for your injuries.
Personal Injury Protection
First, you can file a claim for Personal Injury Protection (PIP) benefits if you added this coverage to your car insurance policy. In Texas, car insurance companies are required to offer PIP benefits and add $2,500 in benefits if it’s not declined in writing. PIP benefits can pay for up to 100 percent of reasonable medical bills and up to 80 percent of lost wages.
Underinsured Motorist Coverage
Next, you can file a claim for underinsured motorist coverage (UIM) if you purchased this optional coverage. Underinsured motorist coverage bridges the gap between what the at-fault driver’s insurance company paid and the balance of your damages (up to your policy’s limits). In Texas, UIM minimum requirements include $30,000 per person and $60,000 per accident in bodily injury benefits.
Civil Lawsuit
Finally, an Austin car accident lawyer can seek damages in a civil lawsuit against the negligent driver or anyone else who is liable for your car accident. When you file a lawsuit, you won’t be faced with caps or limits on your economic damages or non-economic awards. You can be awarded full compensation for your car accident damages, including money for medical care, lost income, diminished earning capacity, inconvenience, emotional distress, and more.
Call Dow Law Firm For Help Navigating a Car Insurance Claim in Texas
Just because insurance benefits are available doesn’t mean the at-fault driver’s insurance company will be eager to cut you a check for your injuries. In fact, the adjuster will search for any reason to deny your claim or minimize your financial recovery.
Hiring an experienced car accident lawyer at Dow Law Firm can level the playing field and force the insurer to make a good-faith effort to compensate you in full.
Our Austin car accident attorneys will help you understand your legal rights as a victim and explore all options for recovering from your crash-related injuries. We’ll exhaust every option until you’ve been awarded every cent you need on your road to recovery.
As award-winning Austin trial attorneys with decades of experience going toe-to-toe with insurance companies, we’ve helped clients recover millions in settlement agreements and jury awards at trial. Now, we’re ready to invest the experience and strategies that’ll be required to help you after your car accident, too.
Contact our car accident lawyers in Austin today at (512) 240-9951 to learn more. Your first consultation is free.