Texas car accident claims are typically based on a “fault” system. You may have some insurance coverage on your own policy that will pay for damages, but a fault system primarily uses the at-fault driver’s insurance to cover your injuries.
That means you need to prove your case before the defendant’s insurance will pay anything. Gathering the proper evidence needed and building a strong case often requires help from an experienced legal team. If the insurance company refuses to pay, we may even need to take them to trial.
For a free review of your case and help getting started on your claim, call Cap City Injury Attorneys’ car accident lawyers today at (512) 612-3110.
What Does Insurance Cover in a Car Accident?
Whether insurance covers anything depends on a few factors. In most cases, the defendant’s insurance should pay for all damages you suffered if we can prove their driver was at fault, and they accept that proof.
Your Insurance
Your insurance might have some coverages, like collision coverage or medical payment coverage, that can help you after the accident. This should pay regardless of fault, but many of these are optional add-ons to your policy, and you might not even have them.
The Defendant’s Insurance
The at-fault driver is the one whose insurance covers the victim’s damages in a Texas car accident under our “at-fault” or “tort” system. We do not have a no-fault system, even though some first-party benefits may act like a no-fault system.
This means you file your claim with their insurance, and their insurance will pay if they agree that their driver was at fault. This means they are likely to just deny the claim and hope you don’t press the issue.
Damages Covered
Texas has a state minimum for insurance of “30/60/25” coverage. This requires drivers to carry at least
- $30,000 per person for injuries
- $60,000 per accident for injuries
- $25,000 per accident for property damage.
If the driver has more, their insurance will cover higher amounts, but your own insurance can also supplement some of this (especially if you have underinsured motorist coverage).
This can pay for medical bills, lost wages, auto repairs, and other expenses.
Proving Fault in a Car Accident in New Braunfels
You need evidence that the defendant did something wrong to cause the crash before their insurance company will agree to pay.
Elements
This means showing, specifically, that
- The defendant owed you a legal duty.
- They breached that duty – often by violating a traffic law.
- That breach caused the crash.
- You suffered damages and injuries.
If the defendant’s insurance refuses to acknowledge fault and settle the case, we can take the case to court. There, the jury decides fault based on these same factors, using the evidence presented in court.
Evidence
The evidence in a car accident case often involves these first four parts, but the rest of these kinds of evidence are quite common and useful as well:
- Your testimony
- Medical records
- Repair bills and damage appraisals
- Medical bills and financial records showing damages
- Testimony from other eyewitnesses
- Photos of the accident scene
- Video of the accident happening (e.g., security cameras, dash cams)
- Expert witness reports and testimony.
FAQs for Car Accidents in New Braunfels
Do I Need a Lawyer?
If you faced any injuries, needed expensive medical treatment, or face injuries that kept you from work temporarily or permanently, you should work with a lawyer. These cases are far more expensive than damage-only cases, and insurance companies often refuse to settle fairly.
That means you will need a car accident lawyer to stand up for you, negotiate for better damages, and potentially even take the case to trial.
What if the Other Driver was Uninsured or Underinsured?
Your policy might have uninsured motorist (UM) or underinsured motorist (UIM) coverage that can pay if the other driver has no or low insurance. This coverage may be on your policy, and you might not even realize it because insurance companies have to offer it. You have to specifically reject UM/UIM coverage in writing if you do not want it.
What Should I Do After a Crash?
If anyone was injured in a crash, you have a legal obligation to report it to the police. Call 911 and request an ambulance too, so they can assess your injuries and help you get to the hospital.
Collect evidence at the scene – such as photos, the other driver’s name/contact info/insurance info, and anything else you can think of – and then get all medical care you need.
Call a lawyer sometime in the next few days, and do not talk to anyone – including the other driver’s insurance – about the crash until you have us on your side.
Can I Settle My Case?
Most car accident cases are ultimately settled. This gets you the money you need faster and without having to go to court. However, you should never accept money or sign anything from insurance without having a lawyer review it.
Early settlements are often too low, and you only get one chance to settle. If you accept money or sign off on a settlement, your case is over, and you typically cannot go back and get more money or go to trial afterward.
Who Determines Fault?
Insurance companies determine fault in an insurance claim. This leaves it up to them to determine whether their driver caused the crash, and to offer payment if they think that is likely what happened.
If they refuse to admit fault or pay up, we can take the case to court. There, the jury decides fault, and the judge decides legal questions (evidence admissibility, etc.).
Can Multiple Parties Be at Fault?
Many cases involve more than one driver who was at fault. Each at-fault party can be ordered to pay their fair share of the total damages, based on their percentage of fault. This percentage is also decided by the jury.
This can also include partial fault for outside companies, such as a commercial truck driver’s employer or manufacturers of defective auto parts. Victims can also be held partially at fault, losing their percentage of the damages.
Call Our Car Accident Lawyers in New Braunfels, TX Today
Call (512) 612-3110 for a free case review with our car accident lawyers at Cap City Injury Attorneys.