Your medical expenses may quickly pile up after being involved in a motor vehicle wreck. Not only do you have to deal with the financial stressors, but your physical injuries may be debilitating and the emotional distress may be too much to bear. Fortunately, when you decide to take legal action against the at-fault party you have an opportunity to recover the fair compensation you need to get through these trying times.
Texas is not a no-fault state, so you will file a claim against the liable party’s insurance policy. However, you may need to keep your options open if you hope to maximize your settlement. Your Texas car accident lawyer with the Law Office of Paul Previte can help you get the most out of your insurance claim and civil lawsuit. Here is more about how Texas fault insurance laws work and what to expect from your car accident insurance claim.
Texas Fault Insurance Laws
Texas is not a no-fault state. Instead, the state follows fault-based insurance laws per Transportation Code Chapter 601. Motor Vehicle Safety Responsibility Act. At-fault parties will be held accountable for their actions when they are responsible for causing catastrophic injuries or damages. But what does this mean for your insurance claim?
When you file a claim with the insurance company, it will be with the at-fault party’s insurer. In states that follow no-fault insurance laws, you file a claim with your personal auto insurance provider. Since we live in a fault state, your claim will be against the liable party’s insurance policy.
This also means the amount of compensation you can recover through your insurance settlement is determined by the liable party’s insurance coverage. If they did not purchase enough auto insurance coverage to meet your needs, they will be held personally liable for any remaining damages.
What Your Insurance Settlement Covers
One of the biggest mistakes car accident victims make is believing their insurance settlement will pay for every single loss. Unfortunately, this is rarely the case. Your insurance settlement is designed to compensate you for the covered losses as described in the insurance policy. For example, if the liable party has $50,000 per accident in bodily injury liability coverage, the insurance company will be expected to pay out up to $50,000 in medical bills.
But if your medical expenses are upwards of $200,000, you may have over $150,000 in medical expenses that remain unpaid. Insurance companies may provide compensation for a portion of your vehicle repair expenses as well, but that may be the extent of the damages covered. For this reason, you should never rely on pursuing an insurance claim alone.
How to Ensure You Recover Maximum Compensation After a Collision
Your insurance settlement may only cover a portion of your damages, but that does not mean you do not have the right to total compensation for your losses. To ensure you are made whole, you can file a personal injury lawsuit in civil court. While the insurance company may not cover the full value of your claim, when you bring your car accident case before a judge and jury, you have an opportunity to demand compensation for every single way you have been affected by the collision and your subsequent injuries.
In addition to the remaining medical expenses and vehicle repair costs, you can also seek compensation for a wide variety of non-economic damages. These types of losses do not have a financial value until we quantify them. Examples of non-economic losses and other economic damages that could be recouped include:
- Loss of enjoyment of life
- Reduced earning potential
- Permanent disability and skin scarring
- Diminished quality of life
- Embarrassment
- Insurance premium increases
- Damage to your credit score
- Lost wages and employee benefits
Punitive damages can also be recovered if the defendant intended to cause the accident or their actions could be considered grossly negligent. As described under Tex. Civ. Prac. & Rem. Code § 41.001, punitive damages will not apply in every car accident case, but they are not something that will be awarded through an insurance claim. These can only be included as part of a trial verdict.
Get Help From a Leading Texas Car Accident Lawyer Today
Although you might have hoped to avoid going to trial, it is important to remember that most insurance settlements do not cover the full value of injury victims’ damages. The insurance company is only obligated to compensate you based on the policy terms. You may have remaining damages the insurer is not obligated to pay for. Fortunately, there are other ways you can make the liable party pay.
When you file a civil claim against them, your Texas personal injury attorney with the Law Office of Paul Previte can demand fair reimbursement for your losses. Discuss the insurance and civil claims processes further when you contact us to schedule your free, no-obligation consultation. You can reach us through our convenient contact form or by phone to get started as soon as today.
