When it comes to car accidents, there are many things to consider. One of which is whether you are in an at-fault or no-fault accident jurisdiction. This distinction can impact whose insurance coverage will cover damages and injuries for the accident. Depending on your jurisdiction also, it can determine the kind of insurance that you are legally required to have.
What is the Difference Between At-Fault and No-Fault Accidents?
In an at-fault accident, the driver who is found liable for having caused the accident will be responsible for the resulting damages. The at-fault driver’s insurance policy will cover damages and injuries to both drivers up to the policy limits. In a no-fault accident, it is irrelevant which driver was responsible for causing the car accident. Instead, in no-fault states, both drivers are required to carry PIP (personal injury protection) coverage, which applies to their own damages regardless of whether they were liable or not.
Is Texas an At-Fault or No-Fault Accident State?
Texas is an at-fault state. This means that the driver who is found liable for having caused the accident will be responsible, and damages will be covered by their insurance up to the policy limits. In Texas, all drivers are required to carry at least $30,000 in bodily injury coverage per person along with a minimum of $25,000 in coverage for property damage.
How is Liability Determined?
Generally, liability is determined by the insurance companies who rely heavily on reports prepared by the police who reported to the scene of the accident. You can also provide additional evidence to help in this decision, such as photos and videos of the damage and of the scene of the accident. If you got any witness contact information at the scene of the accident, you can provide this as well as their accounts can be helpful. It is also important to keep in mind that in Texas you do not have to be 100% responsible for causing the accident to be identified as the liable party. In fact, if you are found to be 50% or more at fault for causing the accident, you are legally required to assume liability.
How a TX Car Accident Lawyer Can Help
If you have been in a car accident in Texas, a lawyer can help ensure that an incorrect assignment of liability does not keep you from getting the insurance coverage to which you are entitled. If you were not identified as the liable party, your lawyer can handle all communications and negotiations with the liable party’s insurance company to make sure that you get the maximum settlement that you are entitled to. If the liable party’s insurance company does not offer an adequate settlement to cover your damages and injuries, your attorney can bring a personal injury lawsuit to recover your full amount of damages.
Call the Edinburg TX Law Office of Raul A. Guajardo, PLLC Today
If you have been injured in a car accident in Edinburg, Texas, the experienced personal injury attorneys at the Law Office of Raul A. Guajardo, PLLC, are ready to fight to get you the maximum amount of compensation that you are entitled to. Contact us today to schedule a consultation.