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Whose Car Insurance Pays After an Accident?

The last thing you want to think about after a car accident is sifting through mountains of paperwork and speaking with countless people from insurance companies. To make matters worse, the insurance companies you are dealing with might resist paying out what you know you deserve. Understanding which policies will pay, and what they’ll pay, can save you time if you or someone you love is involved in a serious accident. 

Minimum Limits in Texas

Drivers in Texas are legally required to carry auto insurance. Drivers are not required to carry unlimited amounts of auto insurance, only state minimums. In Texas, the minimum policy a driver must carry is known as a 30/60 policy. What that means is that if a driver is in a wreck, their insurance will pay out up to $30,000 to cover injuries to another person AND up to $60,000 total per accident for injuries to others. The minimum for property damage is a little less – if a driver carries the minimum insurance the most their policy covers in property damage to someone else’s property is $25,000 per accident. 

After an Accident

Your first priority after an auto accident is getting yourself and the other people involved to safety. If necessary, call for paramedics; you must call the police if there were injuries or you cannot safely drive away from the accident. Be sure to get contact information from the other drivers and take pictures with your cell phone to document as much about the accident and the other auto(s) involved. 

The basic rule in Texas is that the at-fault driver’s insurance policy pays. You should file a claim with both insurance companies ASAP after an accident in order to expedite compensation for your injuries, car damage, and other costs associated with the accident. 

Many Texas drivers purchase only the bare minimum in car insurance. Given how much insurance premiums are, it’s understandable for drivers to want to save money. This strategy works well until the policy doesn’t cover all of the expenses after a catastrophic accident. In this situation, it’s helpful to have policies that aren’t required by law but can help out in a pinch. 

If the other driver, who’s at fault, doesn’t have enough insurance to cover your damages, you can ask your insurance provider whether or not you have collision coverage or uninsured/underinsured motorist coverage. Although you might have to pay a deductible to dip into your own collision or UI/UM policies, it can be a financial lifesaver after even a minor accident. 

Texas is an At-Fault State

Before you get preconceived notions about what you might recover after your car accident, it’s important to be aware of Texas’ laws surrounding fault. If it is ultimately determined that you were more than 50 percent at fault for an accident, you will not be able to get compensation. If you were 50 percent or less at fault, you can recover compensation in proportion to your degree of fault. Fault in an accident is NOT determined solely by law enforcement, don’t give up on making a recovery just because someone else tries to blame you after an accident.  

Experiencing Problems? We Can Help

The unfortunate truth is that getting the compensation you deserve after a car accident is often trickier than it should be. The more serious the wreck, the greater the scrutiny placed on you, your involvement, and even your injuries. Insurance companies may offer you money but that doesn’t mean they’re on your side. Insurance companies are businesses and the less they have to pay the better it is for their bottom line. Our firm believes in helping people get what they’re due. Call us today at (210) 686-HURT to see if we can help.

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Law Offices of S. Dylan Pearcy, PLLC

The Law Offices of S. Dylan Pearcy, PLLC is focused solely on the needs of our clients. We provide professional and effective representation in the areas of personal injury and family law, in addition to our work with Wills and estates.

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