If you played a role in a crash, you might be wondering what happens next. Can you still get compensation? Could you be held legally responsible for everything? Here is what you need to know.
Texas follows a modified comparative fault system, which means your level of responsibility matters. The key rule is that if you are 51% or more at fault, you cannot recover damages from a car accident claim against the other party involved in the accident.
You may be entitled to compensation if you’re 50% or less at fault. However, your payout will be reduced by your responsibility for the crash. For example, if your damages total $20,000 and you were found to be 30% responsible, you could still recover $14,000.
Fault isn’t always clear-cut
Insurance companies assess fault based on police reports, witness statements and other evidence as well as traffic laws. If you believe the insurance company unfairly assigned you too much blame, you have the right to challenge their decision. Providing additional evidence or taking legal action may be necessary in such instances.
Your insurance rates could go up
Texas is an at-fault state, meaning the person responsible for the accident or their insurance pays for the ensuing damages. As such, your insurer might have to cover a portion of the costs, which could lead to higher premiums.
Take informed action to protect your interests
Don’t immediately admit fault, even if you think you contributed to the accident. Avoid making statements that could be used against you to the police, the other driver or insurance adjusters. Gather relevant evidence, if possible, such as photos of the crash and witness contact information.
Do not overlook medical attention even if you feel fine. There could be underlying injuries, and your medical records can strengthen your case. Most importantly, consider seeking legal guidance as soon as possible. It can help ensure you understand your rights and are treated fairly through the claims process.
