This article was last updated on December 19, 2018.
Being involved in a car accident is a scary experience, especially when the car accident results in losses. Car accidents have the potential to cause physical injuries, emotional injuries, and property damage.
As car accident attorneys, a question we are often asked by people injured in a crash is:
What am I entitled to in a car accident?
Depending on the specifics of your case, you may be entitled to compensation for all of your losses, both economic and noneconomic, depending upon fault.
What Are You Entitled to When You Are at Fault for an Accident…
In Texas, drivers are responsible for paying for the accidents that they cause. This means that if you cause a crash, your liability insurance is not designed to pay for your injuries, but instead to pay for the injuries of the other party. As such, you are only entitled to damages if you carry certain types of car insurance, such as:
- Medical payments coverage, which pays for your medical expenses regardless of fault in a crash;
- Personal injury protection coverage, which is similar to medical payments coverage, except that it also pays for 80 percent of lost income and the cost of hiring a caregiver; and
- Collision coverage, which pays for damages to your vehicle after a crash.
What Are You Entitled to If You Are Not at Fault for a Crash…
If you are not at fault for a crash, then the other driver is responsible for your damages. You can file a claim with the at-fault driver’s insurance, or file a lawsuit directly against the other driver. You have the right to seek compensation for the full extent of your losses, including:
- Medical expenses;
- Lost wages and future lost wages;
- Pain and suffering; and
- Property damage.
In order to hold the other driver liable for your losses, you must prove that your injuries would not have occurred but for the other driver’s negligence.
If You Are Partially at Fault…
If you are partially at fault for a crash, you can still seek all of the damages types listed above if you were not 51 percent or more to blame for your injuries. However, your recoverable damages will be reduced in proportion to your degree of fault.
For example, if you were 10 percent at fault for a crash and you are seeking damages for medical expenses, the costs of a car, and your physical pain, you can still seek all of these but the total amount recoverable will be reduced by 10 percent. If you are 51 percent or more at fault, however, then your right to recover damages from the other party is forfeited, and you must turn to your own insurance company (discussed above).
Our Lawyers Help You Maximize Your Recovery Award
At the law offices of Sutliff & Stout, our experienced Texas personal injury attorneys are here to help you recover the maximum amount of compensation possible. You are entitled to every penny lost when another party’s negligence is to blame for your harm. To learn more about your rights and how to recover the compensation you are entitled to, request your free consultation with our law offices today.