In Texas, Whose Insurance Pays After a Car Accident?

Car accidents can lead to anything from minor vehicle damage to life-changing personal injuries. No matter how a person has been affected, they usually have one simple question:

“Who pays?”

The answer can be complicated. It depends on who is at fault for the accident, as well as the type of insurance carried by both drivers.
If a person is at fault for a car accident in Texas, they are responsible for all personal injury and property damage for themselves and anyone else who was involved. That’s why the law requires everyone to carry a minimum amount of liability insurance. The law says that you should have at least $30,000 in bodily injury coverage for each person, up to $60,000 per accident, as well as $25,000 for property damage. (Insurers sometimes call this 30/60/25 coverage.) If the damage caused by the accident is more than this amount, the at-fault driver may be personally responsible for additional costs.

Determining Fault in Texas Car Accidents

But who is the at-fault driver? Answering this question can be tricky. In many car accidents, both drivers believe the other driver was at fault. Both drivers may also be partially responsible for what happened.
Fault should only be determined after detailed and careful investigation by experienced professionals. The professionals will use evidence, including:

  • Police report
  • Photographs of vehicle damage, injuries and the scene of the accident
  • Witness statements
  • Accident reconstructions

Medical records
After reviewing the evidence, the other driver’s insurance company may admit or deny fault. Ideally, the other driver’s insurance company will admit fault and make a reasonable settlement offer. If they do not, getting legal help is key to recovering the right amount of compensation.

Personal Injury Protection (PIP)

In some cases, your own insurance company may cover expenses related to your personal injuries so that you do not need to rely on the other driver’s insurance coverage. A special kind of insurance called Personal Injury Protection (PIP) will cover 100 percent of necessary medical, surgical and dental expenses after an accident, from hospital stays to nursing care. It also covers injuries to the passengers in your car, as well as lost income from missed work. The insurance company will pay up to the benefit limits of the PIP coverage.

Learn Who Will Pay After Your Accident. Talk With an Attorney.

Of course, each situation is different. Talking with an attorney is the best way to know for sure who will pay. If you need help taking action after a car accident, reach out and talk with a personal injury lawyer at The Fell Law Firm. Just call us at 972-450-1418 for a free consultation.

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