Last updated on Dec 27, 2020
That is, of course, unless the car accident that left you with a totaled vehicle and overdue hospital bills wasn’t caused by anything you did. If the other driver was responsible for causing the accident, you’re entitled to compensation for all of your financial losses up to the limit of that other driver’s insurance policy. Whether you can convince the insurance company that the fault lies with their driver and not with you, however, is another story completely.
Lucky for you, we’ve got detailed information on what it takes to prove fault in a car accident. This will help you understand the car accident claim process, protect your rights as an accident victim, and ensure that you’re not left worse off than you were before you got into an accident through no fault of your own.
In many states, “no-fault” car insurance is the law. In these jurisdictions, you don’t make claims against the at-fault driver’s insurer for compensation. Instead, your own insurance company foots the bill, especially if you’ve purchased “personal injury protection” cover from your insurer. There are some unfortunate side effects of no-fault insurance, though, with the worst being that your insurance premiums are guaranteed to skyrocket after you make a claim against your own policy.
However, that’s not true for the state of Texas. Here, the law is clear: if it can be established that a car accident was caused by a particular driver involved in that accident, this driver — and their insurance company — is legally responsible for providing compensation to the other drivers involved. In Texas, this is codified in section 601.051 of the Texas Transportation Code, which makes it illegal for someone to operate a motor vehicle in the state without establishing financial responsibility for it through an insurance company.
The benefits of living in an at-fault car insurance state are clear, especially when you end up involved in an accident without doing anything wrong. Having the at-fault driver’s insurance company pay out means that the burden is placed on the party that caused the accident in the first place. Additionally, your own insurance premium is much less likely to increase as much as it would otherwise, especially since you’re not costing your insurance company tens of thousands of dollars in compensation payments!
Yet just because you’re in Texas doesn’t mean you’re off the hook completely. As in many at-fault states, Texas also uses a concept referred to as modified comparative negligence to determine the level of fault that is assigned to the drivers involved in an accident. In other words, if anything you did behind the wheel might have contributed to the accident occurring, you may be assigned a percentage of the fault for the accident. If so, then any compensation you receive will be reduced to match that measure of fault.
The end result, as codified in the Texas Civil Practice and Remedies Code starting at Section 33.001, is a more equitable approach to compensation for car accidents. The law also provides protections to car accident victims by prohibiting anyone who is determined to be more than 50 percent at fault from claiming damages. In this way, even if you may have been slightly at fault for causing an accident, as long as the other party involved is more responsible you’ll be able to receive at least some compensation.
There are a number of ways that evidence of fault can be gathered. They include, but certainly aren’t limited to, the following:
If you’ve gathered enough evidence to prove fault lies on the other driver, their insurance company will likely admit that their driver was at fault and that they are responsible for compensating you for your losses. However, not every car accident case is as cut-and-dry as that; in many instances, insurers will either admit fault but not offer a settlement amount that’s sufficient to make you whole, or they won’t admit fault at all.
All is not lost in this case, though. You have the option of taking your driver’s insurance company to court and present the evidence you’ve gathered to a jury of your peers. In this case, you’ll need to retain a good attorney to represent your interests in court. If your lawyer prevails in convincing the jury that the other driver was responsible for the accident, then it doesn’t matter that the insurer won’t admit fault — it becomes a matter of law. You’ll then receive the compensation to which you’re entitled from their insurance company.
As a final overview, keep in mind the following things if you’ve been in a car accident:
If you have more questions, or if you’ve been in an accident that you feel was not your fault, contact a professional attorney today.