Is Texas an At-Fault State?

Posted On May 24, 2017 In Local Car Accidents

What is an at-fault state? Texas is an at-fault state, which means the driver that is responsible for the accident needs to compensate the other party for their injuries and damages to their vehicle. Proving which driver is at-fault can turn into a lengthy court battle.

How Can I Help My Accident Case?

• Get their information: This applies to any auto accident. Write down their license plate and any other info quickly, especially if they are denying their fault or acting standoffish.
• Look for witnesses: A witness that can support your claim will strengthen your case, especially if it goes in a police report.
• Compile a police report: Having the police make a report of your accident case can help legitimize your claims in court. Did you notice the driver was on their phone? Did they seem like they might be intoxicated? These are important details to include when speaking to the police.
• Make a report for your insurance company: Take pictures of the damages incurred and notate any possible injuries you have. A car accident attorney can help you get the coverage you deserve.

What If the Other Driver Doesn’t Have Insurance?

Another reason the at-fault system can be tricky is when the other driver is uninsured or has less insurance coverage available than the amount of damage caused.  In this circumstance it is important for you to have uninsured/underinsured motorist coverage on your auto insurance plan. In Texas, uninsured/underinsured motorist coverage is not required.

Can My Insurance Rate Go Up If the Accident Wasn’t My Fault?

In some cases, your insurance rate can go up after an accident, even if it wasn’t your fault. It will depend on state laws and car insurance policies in your region.

The at-fault insurance system can create a strenuous process to find who needs to provide coverage to the other. If you were hit by an uninsured or underinsured driver, you will likely have to get your own insurance company to compensate for your damages which can be tricky.

Lufkin car accident attorneys at Mike Love & Associates, LLC can get you the best coverage available in an accident using experience navigating local laws involving accidents and insurance companies.