Who Pays For Car Accident Compensation In Texas?

Who Pays For Car Accident Compensation In Texas?

El Paso car accident attorney dedicated to helping victims

You’ve been hurt in a car accident in Texas. Your injuries are being treated, but you can’t return to work right away because of injury. Your medical bills start adding up. The usual bills keep coming in. Many people have found themselves in this situation. They feel they should be compensated for the injuries they received in the accident, but they aren’t sure where to start.

That’s where we can help. The Law Offices of Michael J. Gopin, PLLC has worked with drivers in El Paso and throughout Texas to get them the compensation they deserve for their injuries. There are different ways we can help you get the money you need after an auto accident. We can help you decide the best course of action and will aggressively fight for your rights. Contact us today to get started on your claim.

Is Texas an “At-Fault” State?

When it comes to car insurance, Texas is a “fault” state. This means that the person who caused the accident is considered “at fault” and is responsible for paying the damages, a legal term for financial compensation.

That’s why all Texas drivers are required to have car insurance policies with minimum amounts of liability coverage. These minimum limits are:

  • $30,000 for each injured person per accident
  • $60,000 for all injured persons in an accident
  • $25,000 in property damage.

How Do Texas Insurance Agencies Handle a Car Accident Claim?

Getting compensation after an accident can be complicated. The process begins by filing a claim with the at-fault driver’s insurance company. After you report the accident, the insurance company will take the following steps:

  • Assign an adjuster to the case
  • Investigate the accident
  • Review available evidence, such as the accident report and witness statements
  • Determine whether to accept or deny the claim
  • Offer a certain amount of compensation to resolve the claim if the insurance company has accepted the claim

Your El Paso car accident lawyer can help throughout this process by conducting an independent investigation and providing evidence to support your claim. A car accident attorney in El Paso will also have a better understanding of the value of your claim and can advise you whether a settlement represents fair compensation in your case.

Legal Options for Compensation

We can explain all the legal options available to you, which might include:

  • Filing a claim against the at-fault driver – This is called a “third-party” claim and is handled by the driver’s insurance company. But the insurance company often isn’t interested in paying you fair compensation. They just want your claim to go away quickly and cheaply. We don’t put up with those tactics and can negotiate a favorable settlement.
  • Filing a claim with your own insurance company – This is called a “first-party” claim and can help pay the costs of damages not covered by the other driver’s insurance company. You can file a first-party -claim even if you were responsible for the accident, which can help you pay your costs and those of the other driver.
  • Filing a lawsuit against the at-fault driver – If the other driver’s insurance company refuses to make a fair settlement offer or blames you for the accident, we will fight them in court. We have the resources and experience needed to build a strong case that can’t be ignored. Once they see we are serious about fighting for what you deserve, insurance companies may agree to a favorable settlement at the last minute.

You can also add optional coverage to your insurance policy that can provide added compensation in certain circumstances. Collision coverage can help pay for the damage to your car. And personal injury protection (PIP) can help you pay for medical expenses and part of your lost wages if you can’t work.

What Happens If I Am Hit by a Driver with No Insurance?

Even though Texas law requires all motorists to carry liability insurance, not everyone follows the law. Even if a driver has some liability insurance, it may not be enough to cover the damages you suffer. This is where uninsured (UI) and underinsured motorist (UIM) coverage comes in. This optional coverage allows you to file a claim with your own insurance company to pay for your injuries.

What Types of Compensation Are Available in a Car Accident Case?

Accident victims have the right to seek compensation for the damages they have suffered, which may include:

  • Medical expenses – You may incur many medical expenses because of your injuries, such as ambulance and emergency services, emergency room bills, hospital bills, surgery costs, laboratory fees, physical therapy, and medication.
  • Lost wages – If you miss work because of a car accident, you can seek compensation for your lost wages and used employment benefits. You can also pursue compensation for any reduced earning capacity you experienced because of your injuries.
  • Pain and suffering – Along with losses that are easier to put a dollar figure to, you can pursue compensation for the physical and emotional harm you’ve suffered.
  • Property damage – You have the right to compensation to repair or replace your vehicle. You may also be able to recover compensation to pay for a car rental or temporary transportation.

Our team can gather your medical bills, invoices, and receipts to help establish the full cost of your damages and negotiate for top dollar on your behalf.

Why Should I Hire a Car Accident Lawyer in El Paso to Help with My Insurance Claim?

If you have been seriously injured in a car accident, the last thing you should have to do is deal with an insurance company that is trying everything possible to prevent you from getting the money you deserve after someone else’s negligence harmed you. An experienced car accident lawyer can help with all aspects of your claim while you focus on your recovery.

Our team can ensure you receive the medical treatment you deserve. Meanwhile, we can conduct an independent investigation to determine the underlying causes of your crash and the parties responsible for your injuries. We can also preserve relevant evidence in your case that could otherwise be lost or destroyed. We will fight for the compensation you deserve after another person’s negligence harmed you.

When you hire the Law Offices of Michael J. Gopin, PLLC, you can count on us to:

  • Give you practical legal advice and keep you informed of the status of your case
  • Handle all communications with the insurance company
  • Prepare a demand letter that accounts for the full extent of your damages, including payment for your lost wages, pain and suffering, and future medical expenses
  • Pursue maximum compensation on your behalf
  • Advise you whether any offered settlement represents fair compensation for your claim

If you’ve been in a serious car accident in Texas, you need a car accident attorney in El Paso who is serious about recovering maximum compensation for you. You need the Law Offices of Michael J. Gopin, PLLC. We have more than 30 years of combined legal experience, which we will promptly put to use to pursue the compensation you deserve. Call 915-975-5468 or contact us online for a free case evaluation.

Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...


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