Types of Car Accident Claims in Texas
Car accidents can be a traumatic experience for anyone involved and can have lasting physical, emotional, and financial consequences. There are several types of car accident claims in Texas that you can pursue if you’ve been injured or suffered losses as a result of a car accident.
Understanding the differences between the types of claims available can help you navigate the legal process, ensuring that you make the best possible decisions and giving you a better chance at receiving fair compensation for your losses.
In this article, the Houston car accident lawyers at Grimes & Fertitta will explore the various types of car accident claims that can be filed in Texas, including personal injury claims, uninsured driver claims, and product liability claims.
What are the three main outcomes after an accident?
Because Texas is an at-fault state, if you are injured in an accident, the party who is found liable will also be held responsible for compensating you for those injuries. There are a few ways for you to receive compensation from the at-fault driver after getting in a car accident.
First-party insurance claims
If you have personal injury protection (PIP) included in your insurance plan, your own insurance company may pay for your medical expenses as well as a portion of your lost wages up to a policy limit. While PIP is not included in liability insurance in Texas, it is a service that insurance companies are required to offer.
Additionally, if your insurance plan includes collision coverage, this will also cover damage to your vehicle or personal property up to a policy limit.
Other than personal injury coverage or collision coverage, if you are involved in an accident and looking for compensation from an insurance company, you’re going to need to file a third-party claim.
Third-party insurance claim
Because Texas is an at-fault state and requires that every driver on the road carry liability insurance in Texas (which essentially only covers the compensation an injured driver is owed), if you are injured in an accident and plan on getting money from an insurance company, you’ll need to file a third-party insurance claim.
But what if the driver doesn’t carry liability car insurance in Texas? What if the liability insurance won’t cover the true cost of the injuries you sustained? This is where personal injury lawsuits come into play.
Personal injury lawsuit
You can’t always trust that the insurance companies have your best interests in mind. Often, victims need to go to serious lengths to get the insurance companies to compensate them fairly after an accident, starting with filing a civil suit against them.
If you’re planning on filing a personal injury lawsuit to ensure compensation from your car accident claim, don’t wait. The statute of limitations on personal injury claims is two years from the date of the accident, and once that has passed, it might be too late to recover what you deserve.
Types of liability claims in a personal injury lawsuit
Personal injury claims are never simple affairs. The insurance companies will argue fault even in the most obvious cases, as well as litigate every nickel and dime that victims need in order to properly recover from their injuries. On top of that, there are a few different types of car accident claims that can be filed in personal injury cases.
Liability claim against an at-fault driver
What is the most common type of car accident claim in a personal injury case? The most common type of car accident claim in personal injury cases would be a standard liability claim against an at-fault driver.
Whether you were a pedestrian hit by a car, struck while riding your bicycle, or behind a large truck during a jackknife, you’ll likely end up filing a liability claim that claims negligence on behalf of the at-fault driver.
Underinsured or uninsured motorist claim
What happens if the person at-fault in an accident has no insurance in Texas? You’ll need an experienced uninsured motorist accident attorney if you plan on successfully suing an uninsured driver for damages.
While you can file a lawsuit in an attempt to hold an uninsured driver responsible for damages they’ve caused, suing an uninsured driver isn’t always worth it, and should only be done with the guidance of experienced uninsured motorist accident lawyers.
Product liability claim
Product liability claims are another type of civil suit that can be filed when an accident is caused not by the negligence of other motorists, but by people or businesses manufacturing faulty products.
Personal injury lawyers are not always capable of handling product liability cases. If your injury was caused by a mechanical failure or defective product, you’re going to need an experienced Houston product liability lawyer in your corner if you plan on getting what you deserve.
What are the different types of damage in a car accident?
Most common injuries from car accidents result in the same types of damages, which all fall under two categories: compensatory and punitive damages.
Compensatory damages include all damages that are intended to compensate you for your injuries. These fall into three major categories:
- Special compensatory damages include compensation for medical expenses, property damages, and loss of wages.
- General compensatory damages include compensation for pain and suffering, mental anguish, and physical impairment.
- Wrongful death damages include compensation for funeral or burial expenses, medical expenses incurred by the deceased, loss of financial contribution, and loss of companionship.
Punitive damages are much rarer and are meant to deter the party responsible for your injuries from behaving in the same way again. For this reason, punitive damages are generally reserved for especially negligent behavior and repeat offenders.
Continue reading: What are damages in a lawsuit?
The Houston car accident lawyers at Grimes & Fertitta can handle all types of car accident claims
No matter the type of car accident claim, you’ll need the best car accident lawyer Houston has to offer if you plan on getting what you deserve. Insurance companies and their large teams of attorneys will do everything that they can to keep you from getting fair compensation.
How do we know? We used to work for them. We’ve since spent decades personally helping people overcome corporate greed to get what they deserve so that they can recover from their injuries in peace.
If you or a loved one has been involved in a car accident and needs trustworthy, trial-tested representation, call Grimes & Fertitta today at (713) 224-7644 or contact us online for a free consultation.
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- How Long Does an Injury Lawsuit Take in Texas?
- Your Guide to Progressive Car Accident Claims