Some states are “no fault” states for vehicle accidents. In those states, drivers are required to have “personal injury protection” as part of their insurance coverage. After an accident in those states, a driver files with his or her own insurance company for injury or property damages.
That’s not the case in Texas.
Texas is a “comparative fault” state. That means any damages are assigned based upon each driver’s percent of “fault.”
For example, if the other driver is 100% at fault, you would receive all of the damages awarded. If you are found to be 25% at fault, you would only receive 75% of any awarded damages. This is because the amount of damages paid to you is reduced by the 25% of the accident for which you were at fault.
In Texas, you, and the other driver, are required to have a certain minimum amount of liability insurance coverage. That insurance covers the part of the accident for which you are responsible. That means the other driver’s liability insurance covers any damages for which they are considered responsible.
The insurance company, however, typically wants to pay you as little as possible. They may not offer you fair compensation. In that case, you may need to seek a settlement with the other driver’s insurance company. Carrigan & Anderson, PLLC can assist you with that.
So, what if that minimum liability insurance the other driver has isnt enough to cover the actual damages you incurred?
In that case, you may be able to sue the other driver’s company if he or she was driving for work at the time of the accident. If some third party contributed to the accident you may be able to sue them, and, of course, if the other driver has sufficient resources of their own, you may be able to sue him or her. That all gets very involved, and while the insurance companies do this sort of thing frequently, you probably do not. That’s where an experienced and knowledgeable law firm like Carrigan & Anderson Law, PLLC can help.
You may even need to negotiate with your own insurance company if you have Uninsured/Underinsured Motorist coverage. Carrigan & Anderson can help you handle that situation, as well.
You can call Carrigan & Anderson at 361-980-6150 or contact us through our website at CarriganAnderson.com. We’re in business to help people like you in difficult situations like this.