How Car Accident Settlements Work in Texas
The aftermath of an auto accident could have a lasting impact on the victim’s life and generate thousands of dollars in financial losses. After an auto accident, someone must contact highway patrol to report it and get emergency medical help for the injured. All parties involved in the wreck should exchange insurance information to file claims. However, these steps are only the beginning; arriving at fair car accident settlements is not always easy.
Insurance carriers don’t approach major accidents with injuries like a simple fender bender. A claim for minimal damage and no injuries has a much lower payout through auto policies, and the insurers don’t view them as major losses.
However, more complex events with serious injuries could max out the policy coverage or require the insurer to pay the victim an astronomical amount. Insurance companies are often shrewd and try to avoid these hefty payouts at all costs. Read on to learn how car accident settlements work in Texas.
The Important Role of the Accident Report
The auto accident report is critical to the case, although the information could change in court proceedings. Reporting the accident offers valid proof that the accident happened, and officers provide details they collect at the scene. All insurers require an accident report before filing a claim. This report shows all parties involved in the accident and who the officers believe caused the event.
Legal claims where an auto accident report is available are easier to substantiate than, say, a hit-and-run accident. With the latter, offers must launch an investigation and use traffic or surveillance camera footage to show who caused the accident and injuries. Many hit-and-run accidents are never solved. Accident claims, where an accident report is available, prevent these insurers from claiming the wreck didn’t happen.
Did the Accountable Driver Have Insurance Coverage?
All drivers with registered automobiles must purchase auto liability coverage, providing a minimum of $30,000 and a maximum of at least $60,000 and $25,000 for property damage. Law enforcement can determine if all parties had insurance after the accident and issue citations.
If the accountable driver isn’t insured, the victim must file a lawsuit to collect any compensation. When dealing with an uninsured driver, a car accident lawyer can help with a legal claim and navigate you through these processes.
Hiring An Attorney
Auto accident victims should never speak to the at-fault driver’s insurance carrier or any parties representing them. Allowing a car accident attorney to discuss these matters on your behalf is critical. If possible, insurers and the opposition’s legal counsel will try to trick you into accepting a low-ball settlement offer. If you don’t speak to them, you won’t succumb to this trickery and could get a fair settlement instead.
Calculate Retaled Auto Expenses
Auto repair estimates are a necessary part of calculating the victim’s financial losses. Most insurers want at least three auto repair estimates to arrive at a median cost when filing an insurance claim. Unfortunately, sometimes, the repairs aren’t possible, and your insurer may deem the car a total loss.
Under the circumstances, you’d have to rely on the at-fault driver’s coverage to pay for a replacement vehicle, and it could take months before you receive anything. If your car was financed via an auto loan, you may have an outstanding balance left over after the insurance coverage applies.
You could file through your own insurer if you have full coverage, but doing so could disqualify you for compensation through the accountable driver’s policy. Additionally, if the at-fault driver’s insurance won’t provide enough money to replace your vehicle, it could lead to other difficulties.
For instance, if you have severe injuries, the policy may not cover all your medical costs. Discuss your options with a car wreck lawyer before taking any action to maximize your settlement.
How Severe Were the Injuries?
Medical expenses after an auto accident could become overwhelming, especially if you sustained severe injuries. Initially, you’ll have to pay for the ambulance ride to the emergency room and then the cost of the ER visit and any tests used to diagnose your injuries. These costs could continue to grow if you have ongoing treatments such as surgeries, medication, or physical therapy.
Collect invoices from all medical centers and doctors providing treatment when calculating financial losses. If you develop a disability, you can discuss estimates for care with your doctors. If the disability prevents you from working, you may be entitled to a much larger settlement. A car wreck attorney can help calculate a settlement according to existing and ongoing costs.
You or your family may need further legal help if the victim is a loved one who cannot speak for themselves. Devastating injuries, such as traumatic brain injuries, could permanently alter their personality.
For some, a TBI leads to a vegetative state, requiring admission into a nursing facility. Others may have the option to stay at home, but they will need in-home nursing care. These costs could bankrupt you and your family if a settlement isn’t available.
When There’s More Than One Victim
A standard auto liability insurance policy’s maximum coverage is around $60,000. The coverage may not provide enough compensation when more than one party is injured in a car wreck. Multiple litigants with severe injuries may need to file a lawsuit to collect adequate compensation to cover all these financial losses. These instances are when you need an attorney the most.
An accident attorney could negotiate a settlement for you and other passengers who sustained injuries. They review all financial losses for each party and calculate a fair settlement as allowed under Texas laws. If the insurer provides low-ball settlements, the attorney may recommend taking the claim to court.
How Long Were You Out of Work?
Auto accident victims are entitled to lost wages if their injuries prevent them from returning to work. What is important to remember is that if you can return to work on light duty, you may not get compensated for these possible losses. If you can’t go back to work, you should provide your car crash lawyer with a report from your employer showing all accident-related absences and how much you lost in wages.
Further evidence could substantiate your claim, including documentation from your doctor stating why you can’t return to work. Medical records depicting your injuries and their severity are also helpful.
Broken bones, loss of limb, and serious injuries are common among accident victims who can’t go back to work. These injuries require extensive recovery periods and may alter the victim’s life permanently. An attorney could visit you while you’re in the hospital if you need legal help and have more serious injuries.
A disability caused by the accident injuries may entitle you to claims for loss of future income. Considerations include your age, earning capacity, occupation, skill level, and life expectancy. Awards for future income losses are determined if you cannot go back to work, get employed in a different industry, or if your earning capacity decreases significantly.
Pain and Suffering
Awards for pain and suffering depend on how much physical and mental distress you sustained. For some accident victims, car wrecks cause post-traumatic stress disorder, especially if they lost a limb or bodily function. Mental anguish, anxiety, and other mental health crises caused by the accident could entitle you to these tort-based awards.
Many accident victims who had more traumatic experiences could face difficulties driving in the future. They could develop panic disorders, requiring psychiatric care and assistance from home health services with everyday tasks.
A permanent mental health diagnosis could play a role in calculating how much a victim receives in a personal injury claim. Hiring a car crash attorney may provide further insight into what developments are considered under tort laws.
Legal Claims and Settlement Offers
As mentioned above, insurers will try to settle for the lowest amount possible. Their offer may not include all financial losses caused by the auto accident, and you should let your attorney negotiate on your behalf. However, if your overall losses are far more than the insurer offers, you may need a legal claim to collect.
According to the evidence, a vehicle accident attorney can determine if you have a viable claim against the accountable driver. They will consider any settlement offers presented to you and determine what is fair and reasonable. Personal injury attorneys understand strategies for collecting compensation.
Shifting the Blame
Texas Civil Practices and Remedies Code State Statute 33.001 defines the proportionate responsibility law for car wrecks. Accident victims must remember that if the state deems them at least 51% at fault for the wreck, they may not receive a settlement. For example, if you were speeding before the accident, they could shift the blame to you instead of the perceived at-fault driver.
Any traffic infractions could decrease your potential settlement by a predetermined percentage. When possible, insurers use this strategy to avoid a payout altogether. Provide your attorney with as many details as possible, including the events leading up to the accident. Most attorneys recommend that all auto accident victims write down these details as soon as possible to avoid forgetting any significant information.
Additional Causes for the Accident
Sometimes, auto accidents aren’t caused by either driver directly. For example, accidents that involve 18-wheelers could present evidence of faulty equipment, inadequate repairs, or defective auto parts.
These factors play a role in defining all parties who are at fault for the accident, such as parts manufacturers. Sometimes, more profound investigations are necessary to pinpoint who is at fault and get a fair settlement for the victims. Present all these details to your attorney when starting a claim.
Was the At-Fault Driver Under the Influence?
On the scene, law enforcement officers determine if drivers are under the influence of alcohol or controlled substances. Sometimes, these findings are available through toxicology screenings from the hospital. These matters are managed through the criminal court, but victims can seek compensation through insurance claims or civil lawsuits.
In a criminal case against an intoxicated driver, the state imposes penalties according to the person’s blood alcohol content reading. If they caused an accident with injuries, additional penalties may apply. Injured victims may receive compensation through restitution in criminal proceedings. However, if the injured parties didn’t receive compensation via an insurance claim, they could file a civil lawsuit for more serious or life-altering injuries.
An attorney can review both cases and determine the best strategy for collecting damages after an auto accident. They can evaluate how much the victim could receive and negotiate a settlement out of court.
Did the Victim Die?
If the victim dies, their family could seek compensation through a wrongful death lawsuit. The compensation they could receive includes all medical and funeral expenses related to the accident. For some, non-economic damages are available for pain and suffering. Ultimately, to prove a wrongful death lawsuit, the plaintiff must provide sufficient evidence showing the victim died because of their accident injuries and the accountable driver caused the fatality.
Sometimes, criminal proceedings emerge after an auto accident fatality. For instance, if the at-fault driver was drunk or on drugs, they may face prosecution for the victim’s death. If it was your loved one, you need to hire a personal injury attorney.
If restitution is awarded, your family may not receive any compensation until the defendant serves their sentence and is released. A civil lawsuit, however, could help your family collect through liens against their assets. However, all circumstances involved in the accident, as well as both criminal and civil cases, determine how your family receives a settlement and how much.
The average settlement for auto accident claims in Texas is around $20,000, but this statistic doesn’t indicate that a larger settlement offer isn’t possible. The combined financial losses incurred by the victim could increase the payout if they prove that they weren’t at fault for the wreck.
Personal injury attorneys negotiate for victims to get fair and reasonable car accident settlements to compensate for all expenses associated with the auto accident. Contact an attorney if you need help with an accident claim.