Like any state, Texas has its own rules for car accident claims. When a crash harms you or someone you love in the Houston area, you’ll need to know how car accident compensation claims work in Texas. This will help ensure you take all the necessary steps to get what you need. Hiring a lawyer will help you understand the process.
The Houston car accident attorneys at Pierce Skrabanek PLLC will put our experience and knowledge to work for your family in this tough time. Our attorneys have a long history of building these kinds of cases, and we are proud to help Texas families when they are suffering.
Texas Laws on Car Accident Compensation
If you’re in Texas and you decide to file a claim against the party responsible for your car accident, there are state laws that will govern your car accident case.
The most important one to know is the statute of limitations. In Texas, you must file a claim within two years from the date of your accident. If you wait too long, you may lose your chance to receive compensation. This is why you should contact an attorney as soon as possible after the crash.
It’s also critical to know how damages are awarded in successful car accident claims. Regarding damages, Texas has a fault-based liability system. When a case goes to court, juries determine how much responsibility lies with each driver, and compensation is awarded based on this ratio.
Juries determine the level of fault by examining every detail of the case, including:
- The nature of the accident (for instance, rear-end accidents are different from head-on collisions)
- The type and severity of the car accident injuries
- Treatment and resulting expenses for the injuries
Texas is considered a “fault” state for liability insurance. This means that the person found to be at fault for an accident is responsible for paying property damage and compensation resulting from the accident. Payment is often processed through his or her insurer.
Texas Car Insurance Rules
No matter what kind of car accident you have been involved in, car insurance will play a major factor in your case soon after the crash. Here’s a quick look at what you need to know about car insurance in Texas:
- As mentioned, Texas is a “fault” state for car insurance. Thus, you are allowed to file liability insurance claims and/or personal injury lawsuits against the other driver that caused your crash.
- According to theTexas Department of Insurance, the minimum car insurance coverage requirements are $30,000 for bodily injury per person (up to a total of $60,000 per accident). Additionally, $25,000 of coverage is needed for property damage. This is known as “30/60/25” coverage.
- Unlike some states, Texas does not require drivers to carry uninsured or under-insured motorist coverage. However, certain car insurance companies in Texas offer these types of coverage.
Insurance companies will typically compensate you for property loss and medical expenses. Those damages can be clearly defined. When it comes to pain and suffering, however, it’s more complicated.
The more severe your injury, the more you should demand in pain and suffering damages. But often, the amount offered by an insurance company is not enough to fully compensate you for the suffering brought on by this terrible ordeal. Insurance companies are multibillion-dollar businesses that make more money when they pay you less. Remember, they aren’t looking out for you.
Your attorney will deal with insurance companies on your behalf. It is their job to make sure you aren’t short-changed. The lawyers at Pierce Skrabanek know all the legal avenues to pursue in order to achieve maximum compensation for your case. We are always on your side. Contact us at 832-690-7000 for a free, no-obligation consultation about your car accident claim.
Houston Car Accident Lawsuit Statute of Limitations
In Texas, you typically have two years to file a car accident claim. This filing window is often referred to as the “statute of limitations.” Regardless of how strong your case is, if you file your claim after the statute of limitations has passed, your case will not be heard. This is why it is critical to speak with an experienced car accident attorney as soon as possible after your car accident.
Why are statutes of limitations in place? One reason is to protect defendants. When a deadline is enforced, plaintiffs are encouraged to pursue the case more quickly and with more diligence. Statutes of limitations also ensure evidence is not lost. For example, witnesses to an accident would be much harder to find 20 years after a crash as opposed to one year after. Courts are also often unwilling to consider testimony from someone who witnessed an event decades ago.
The statute of limitations begins the date of your accident. So, if your crash was on July 1, 2020, you have until July 1, 2022 to file your claim and begin your lawsuit. Your case does not need to be heard by a jury in this two-year period. A claim, which starts the car accident lawsuit process, only needs to be filed within two years.