According to the National Highway Traffic Safety Administration, there are about 6 million automobile crashes reported by police every year in the US. In the state of Texas, not a single day passes by without a road crash. Subsequently, data from the Texas Department of Transportation show there were 14,282 crashes on Texas roads in 2017, resulting in several injuries and deaths.
If you get into an accident due to someone else’s carelessness and negligence, you can make a claim against their liability insurance. Notably, there are different types of car insurance, and understanding how each work can help your claim process.
We will look at the basic comprehensive insurance coverage and whether you can file a lawsuit should you get into an accident with a driver who has one.
Apart from covering vehicles in an accident, comprehensive insurance protects against theft, vandalism, legal liability, and damage to third-party properties, including damage to other people’s cars. Signing up for comprehensive insurance coverage guarantees a driver is protected against damages deemed to be their fault. Although comprehensive insurance is an optional coverage, your lender may need it if you’re paying off or leasing your vehicle.
Some of the injuries and damages covered by comprehensive liability insurance include:
In Texas, the law mandates that drivers carry a minimum amount of liability insurance to cover the costs of damages or injuries they may cause in an accident. The state’s minimum liability limits, often referred to as 30/60/25 coverage, include:
These minimum limits are designed to ensure that all drivers on Texas roads have a basic level of financial protection. However, it’s important to note that these limits might not be sufficient to cover all expenses stemming from a severe accident. Drivers have the option to purchase higher limits for better protection.
The minimum auto insurance policy limits differ in every state as they are governed by state laws, which vary significantly. For instance, while Texas requires 30/60/25 coverage, other states might have higher or lower minimum limits, and some states may also require additional coverage such as uninsured/underinsured motorist coverage or personal injury protection (PIP).
What is great about liability insurance is that it protects a driver from losses if they damage a third-party person or property. However, in some instances, your automobile accident claim is denied by the insurance company or settled for much less than the case is worth. When you get into a car accident that was not your fault, and a claim is denied, you are entitled to sue the at-fault driver and their insurance company. Before you start a lawsuit, it is essential to obtain the assistance of an attorney who can help dispute the insurance company’s actions.
If you decide to file a lawsuit against the at-fault driver and their insurance provider, chances are you will never get to court. Studies reveal about 95 percent of personal injury lawsuits settle before a trial. It is in the insurance company’s interest to resolve a car accident claim as quickly as possible and avoid additional costs.
However, it may not be in your best interest to do so. It is crucial to determine the full extent and scope of your losses before you agree to any settlement. If the insurance company fails to offer fair compensation, it may be in your best interest to file a lawsuit.
Before you start a car accident lawsuit, keep in mind personal injury cases involve a myriad of stages, steps, and procedures. The lawsuit may take a few months to several years to settle. Let’s look at the standard stages of a typical injury lawsuit.
Before filing a lawsuit, your lawsuit first investigates the crash and collects documents and facts supporting your claims. Pre-litigation involves several steps such as:
The litigation phase involves the formal filing of a lawsuit against the at-fault driver and their insurance. The litigation phase may involve the following steps:
If you fail to negotiate a fair settlement, the case goes to trial. As mentioned earlier, most car accident lawsuits are resolved before reaching trial. However, some instances force litigants to take the case to court to get full compensation.
During the trial process, both sides give evidence, facts, and testimonies to the judge. A group of peers listens to both side’s arguments and review the evidence. The jury will then issue a verdict. If the verdict favors you, the trial process is considered over. If you feel the verdict was not fair, you can file an appeal at the court of appeals.
Our award-winning team is available 24/7, we are best placed to pursue justice for you in your personal injury suit. Our experienced car accident lawyers will work with you at every stage of the lawsuit process. We are committed to ensuring you get the fair compensation that you deserve. We strongly believe we only win if you do- and we don’t ask for a dime unless we win your case.
If you have any questions or need a free and confidential case evaluation, call (844) 308-8180 to speak to our bilingual legal team today, or contact us online!
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.