State law governs car insurance requirements. Most states, like Texas, are at-fault car insurance states.
In an at-fault car insurance state, a driver who caused an accident is legally responsible for compensating victims for their injuries and damages. Therefore, the victim files a claim with the at-fault driver’s liability insurance provider.
In a no-fault insurance state, each driver files a claim for damages with their own insurance provider, regardless of who is at fault for the car accident.
Key Differences Between No-Fault and At-Fault Insurance
No-fault insurance is often referred to as PIP (Personal Injury Protection) or Med-Pay coverage. Fault insurance includes several types of liability insurance, including bodily injury and property damage coverage.
There are several key differences between no-fault and at-fault insurance that can impact a victim’s rights after a car accident.
Those differences include:
Liability
No-fault insurance pays claims regardless of fault. Each party files a claim with their insurance provider. There is no requirement to prove fault to obtain compensation.
At-fault insurance compensates victims for damages when a driver causes a car accident. However, the victim has the burden of proving fault before they can recover damages.
Generally, a victim must prove that the other driver had a duty of care, such as using caution when driving and following traffic laws. The victim must prove that the driver breached their duty of care and that the breach caused the car accident. Ultimately, the victim must demonstrate that the car accident was the cause of their injuries and damages.
Right to Sue
In at-fault insurance states, accident victims can pursue legal claims through the court by filing a personal injury lawsuit. The right to sue in no-fault insurance states is restricted. The restrictions vary by state, but most no-fault states allow victims to sue at-fault drivers if they sustain serious injuries.
Available Damages
No-fault insurance focuses on compensating the covered driver for medical bills and lost wages. Generally, no-fault covers a portion of these losses, and it does not compensate the driver for pain and suffering damages.
At-fault liability insurance covers economic and non-economic damages. An accident victim can recover compensation for pain and suffering in addition to the full value of their financial losses.
Texas At-Fault Insurance Claims for Dallas Car Accidents
Texas drivers must maintain minimum liability insurance coverage in the amounts of:
- $30,000 in coverage for death or bodily injury per person
- $60,000 in coverage per accident when two or more people are injured or killed
- $25,000 in coverage for damage to property
For a car accident in Dallas caused by another driver, you can file an accident claim with the driver’s insurance provider. The company assigns an insurance adjuster to investigate your claim. The adjuster’s job is to determine whether the insured driver caused the accident and, if so, the damages caused by the accident.
A few things to remember about at-fault insurance claims in Dallas include:
Low Settlement Offers
It is wise to remember that insurance companies are in business to make money. Therefore, they pay as little as possible to settle claims. The insurance company will not tell you the actual value of your claim because that is not in its best interest. Instead, your settlement offer may be far less than the amount of your damages.
Comparative Negligence Rule
Texas uses a modified comparative negligence statute in situations involving shared liability for a car accident. This does not bar damages unless the victim’s blame is greater than 50%. Therefore, if you are 55% at fault for the crash, you cannot receive any damages. If your fault is below 50%, the judge decreases your damages by your percentage of fault.
Insurance companies use contributory fault to deny valid claims. An adjuster may tell a victim that the value of their claim is lower because they share fault.
Policy Limits
The insurance company for the at-fault driver is only liable up to the policy limits. If the at-fault driver has minimum liability insurance coverage, the company is only responsible for $30,000 in damages. If your damages exceed this amount, you can sue the driver. However, filing a lawsuit does not guarantee payment.
You may have other options, including underinsured motorist coverage (UMI). If you have UMI coverage, you can file a claim with your insurance company for the balance of the damages not covered by the at-fault insurance.
Type of Damages
Under Texas at-fault insurance laws, accident victims can seek compensation for economic and non-economic damages.
Examples of damages you could receive for an at-fault insurance claim include:
- Medical bills
- Emotional distress and mental anguish
- Out-of-pocket expenses
- Scarring and disfigurement
- Lost wages and employment benefits
- Pain and suffering
- Diminished earning capacity
- Impairments and disabilities
- Loss of enjoyment of life and quality of life
Numerous factors impact how much you receive for a car accident claim in Dallas. The type of injuries you sustain and your financial losses are significant factors. The evidence proving fault and whether you are partially to blame are also factors.
Contact Benton Accident & Injury Lawyers for a Free Consultation
Car accident claims can involve complicated issues related to liability. Call Benton Accident & Injury Lawyers at (214) 556-8321 for a free consultation with a Dallas car accident lawyer. We’ll review your case, explain your legal rights, and discuss your options for seeking fair compensation for a car accident claim.