Car crashes are scary and overwhelming experiences. And the aftermath can be just as nerve-wracking, especially when you’ve been injured. If you were a passenger in a car accident and are now suffering from injuries, you may be wondering what to do next.
Here, we guide you through your rights and next steps so you can receive the compensation you deserve.
Texas Is an At-Fault State
First, we must lay some foundation. Texas is an at-fault state. This means that the at-fault party who caused the car crash is responsible for compensating you for your injuries and/or losses.
However, Texas also follows modified comparative fault. This means that if you are found to be partially responsible for an accident, your damages will be reduced by that percentage of fault.
For example, if you’re seeking $100,000 but are found to be 30% at fault, your damages will be decreased by $30,000.
First Step: Seek Compensation From the At-Fault Party’s Insurance
Your first step is to seek compensation from the at-fault party’s insurance. You can work with an attorney who will help you file a claim with the insurance company. If the at-fault party does not have insurance, you will need to file a claim with your own insurance company.
It’s possible to also file a legal claim against the at-fault driver if they don’t have insurance to cover your losses. However, an attorney should be involved to determine if this is the right step for you.
What Happens If You’re Related to the At-Fault Driver?
Perhaps you were on a road trip with your family at the time of the accident or driving around town with a friend. In this case, you’ll need to examine your insurance policy and consider your relationship with the at-fault driver.
For example, if your policy includes a household exclusion and the driver that caused the crash was someone you live with, you may be unable to seek compensation. Be sure to review your insurance policy or reach out to an attorney who can dive into the details on your behalf.
Reach Out to the Attorneys at the Fell Law Firm
Have you been injured in an accident? If so, the attorneys at the Fell Law Firm are here to help you with your next steps. Reach out to our team by calling us at 972-450-1418 or send us a message to schedule a consultation.
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