If another driver’s negligence causes you to be injured in a Texas car accident, you have plenty on your mind, and one of your concerns may be about the long-term effects of higher insurance rates. If you’d been responsible for the accident in question, your rates would have almost certainly increased as a result. Whether they go up after an accident that is covered by the at-fault driver’s policy, however, depends on your provider.
The best means of ensuring that fault rightfully attaches to the other driver is having an experienced car accident attorney in Texas on your side.
Insurance Companies in Texas
Insurance companies in Texas take a wide range of factors into consideration when determining coverage costs, and they’re all based on risk. If you’ve caused an accident, been ticketed, or both, these are incidents that will be directly reflected by your rates.
If, however, you were involved in a car accident that you weren’t responsible for and you filed your claim with the at-fault driver’s provider, your insurance company may interpret this as meaning that you’re at greater risk of being involved in another accident, which could lead to higher premiums.
The bottom line is that the State of Texas doesn’t have a law that prohibits rate increases based on accidents in which the policyholders weren’t at fault – although some states do. In Texas, the matter comes down to your insurance provider and your Texas policy.
Ultimately, proving the other driver’s fault in the matter is the surest means of obtaining the compensation to which you’re entitled and of limiting the risk that you’ll face increased car insurance premiums. Having a seasoned car accident lawyer in your corner from the start is always to your advantage.
Shared Fault and Texas Car Accidents
In Texas, you can seek compensation after a car accident by filing a car accident claim with the other driver’s provider as long as you bear no more than 50 percent of fault in the matter. If you do share fault, you can pursue the percentage of your covered losses that the other driver is responsible for – as long as it’s at least 50 percent.
For Example
Let’s consider a simple example. If a distracted driver ran a red light and T-boned your vehicle in an intersection, but you were speeding at the time, the distracted driver might be assigned 90 percent of the fault while you would bear the other 10 percent. If you are entitled to $100,000 in compensation for your physical, financial, and emotional losses, that amount would be reduced by 10 percent – or the amount of fault assigned to you – leaving you with a $90,000 settlement.
Your Car Insurance Premiums
While there are no guarantees that your car insurance premiums won’t go up after an accident that someone else was responsible for, it remains important to establish that you weren’t at fault, which, in turn, limits the risk that you will face increased rates. Additionally, if you can’t prove that you bore no responsibility, limiting the liability that’s assigned to you is in your best interest. Not only will doing so increase the compensation you receive, but it could also help keep your insurance costs down in the future.
Your Car Accident Claim
To fully recover your damages, you’ll need to bring an effective car accident claim, which requires you to prove the other driver’s negligence. This generally hinges on evidence like the following:
- The testimony of eyewitnesses
- The photos and videos captured by those at the scene
- The expert testimony of professionals with relevant knowledge
- Accident reconstruction models that illustrate the mechanics of the accident
- Footage from dashcams, security cameras, and traffic cameras
- The police report and any tickets written
Another primary concern related to your claim is demonstrating the full range of legal damages you suffered. This includes property damage to your car and to anything that may have been damaged inside it. Additionally, your medical expenses, including those related to future needs, should be well represented. Your lost income is another key consideration, and this may need to address lost earning potential. Finally, the matter of your physical and emotional pain and suffering, which can be immense, should not be discounted.
Reach Out to an Experienced Personal Injury Attorney in Texas Today
The well-respected personal injury lawyers at Moore Law Firm – serving clients throughout the Rio Grande Valley – have a wealth of imposing experience skillfully championing our valued clients’ rights and securing their rightful compensation in challenging car accident claims like yours, and we’re on your side. To learn more about what we can do to help you, please don’t delay contacting us online or calling us at (504) 840-5529 and scheduling a free consultation today.