How Does Insurance Determine Car Accident Blame?
Nobody wants to be involved in a car accident, but the reality is that such incidents occur frequently. In Texas, there were more than 540,000 total car accidents during the latest reporting year, according to the state Department of Transportation. These crashes led to more than 250,000 injuries and 3,639 total fatalities. In the aftermath of a car accident, victims will turn to their insurance carriers to recover compensation for injuries and property damage. However, many people wonder how an insurance carrier determines who was at fault for the car accident.
What information do insurance carriers use?
Following a car accident in Texas, all parties involved will submit claims to their respective insurance companies. They will report on what happened in the incident, and their insurance carrier will initiate the investigation. After a car accident, it is essential to determine who is at fault because the at-fault driver’s insurance carrier will be on the line for property damage and injury expenses. You can be sure every insurance carrier involved will do what it can to limit the amount it pays in a settlement. They will conduct a thorough investigation of all the evidence to determine liability. Insurance carriers will:
Gather all evidence from the scene of the crash, including police reports, video and photo surveillance, eyewitness statements, and any other information.
Speak to every party involved in the incident to get their version of events.
Closely scrutinize every medical record related to the incident.
Thoroughly review any estimates of property damage.
Texas comparative negligence laws
In many cases, more than one driver is at fault for a car accident. This does not mean that nobody will receive compensation. Texas operates under a modified comparative negligence system. This means that any party who is less than 51% at fault in a crash is entitled to recover compensation for damages. However, the amount of compensation a person receives will be reduced based on their percentage of fault for the accident. For example, suppose an insurance carrier awards $10,000 in damages to a car accident victim but determines that the person was 10% responsible for the crash. In that case, the victim will receive a total of $9,000 in compensation. Comparative negligence laws often pit insurance carriers against one another, attempting to shift the blame away from their respective policyholders. A skilled Texas car accident attorney is frequently required to navigate these insurance claims.
What type of compensation is available?
There are various types of compensation available to victims of car accidents. While no two accidents are the same, it is not uncommon for the following types of compensation to be awarded after a crash:
coverage of all medical bills related to the incident
compensation for lost wages and benefits if a person cannot work while they recover
compensation for pain and suffering damages that resulted from the injuries
In cases where the at-fault driver was grossly negligent or intentionally caused a motor vehicle accident, punitive damages may be awarded to punish the person responsible and prevent them from operating in such a manner in the future. The total amount of compensation awarded in a car accident case varies depending on several factors related to the accident, including the severity of the injuries, the total amount of property damage, the extent of pain and suffering endured by the victim, and other relevant factors.