Texas is an at-fault insurance state. That means the insurer of the at-fault driver who causes a car accident is typically responsible for covering any victims’ medical expenses. However, to receive compensation, the victim must demonstrate that the accident was the other driver’s fault.
But what happens if the other driver had no insurance or you played a small role in causing the crash? Working with a skilled car accident lawyer from The Wilhite Law Firm can help you understand your options under Texas law for recovering compensation following an accident. Contact us now for a free consultation.
What If the Other Driver Had No Insurance?
While all Texas drivers must carry at least the minimum liability coverage under state law, a notable percentage of drivers operate their vehicles without insurance. If you are hurt in a crash with an uninsured driver, there are several ways you could pay for your medical expenses:
- Uninsured Motorist (UM)/Underinsured Motorist (UIM) Coverage – Optional UM/UIM coverage provides additional financial security in an accident involving an uninsured or underinsured driver. You can tap into your auto insurance policy’s UM coverage if the at-fault driver lacks insurance, while UIM coverage is available when the at-fault driver’s insurance is not enough to cover all your losses.
- Personal Injury Protection (PIP)/Medical Payments (MedPay) Coverage – In Texas, insured drivers automatically have PIP coverage unless they decline it in writing. PIP coverage pays for medical expenses regardless of who was at fault in the accident. MedPay is a similar, optional add-on and pays for medical costs up to the policy limit. Both types of coverage can significantly ease the burden of medical expenses following an accident.
- Health Insurance – You can also use your health insurance to cover the costs of injuries from a car accident. While this route can provide necessary coverage, you may have to pay deductibles and co-payments.
- Driver’s Employer’s Insurance – If the at-fault driver was performing job duties at the time of the accident, you might have the option to file a personal injury claim against the driver’s employer. Filing a claim against the employer can be particularly advantageous if the driver lacks sufficient insurance or personal assets, as businesses typically carry more comprehensive insurance policies.
- Personal Injury Lawsuit – You may also file a lawsuit against the at-fault driver. It’s important to note that just because a driver lacks valid insurance does not mean they lack assets. Some drivers, even those who are uninsured, possess assets such as property or other valuable items. Texas has a time limit of two years from the accident date in which you may file a legal claim.
What If My Medical Expenses Are More Than the At-Fault Driver’s Insurance Will Cover?
The at-fault driver’s insurance coverage might be insufficient if you have extensive injuries and significant medical bills from the car accident. While this sounds scary, it doesn’t always mean you must pay for these extra costs out of pocket. You could have a few options:
- Use your UIM coverage if you have it on your auto insurance policies
- Access your car insurance policy’s PIP or MedPay coverage for the remaining costs
- File a claim with your health insurance
- Take legal action against the at-fault driver
What Is a Medical Lien?
A medical lien or hospital lien is a demand for repayment placed on your personal injury claims by a medical provider, health insurance provider, or other entities that paid for your medical treatment due to the accident. A medical lien means they have a right to a portion of your settlement or judgment to cover the costs incurred for your treatment.
Could My Health Insurance Company Take Part of My Car Accident Settlement?
If your health insurance company pays for your treatment following an accident, they may seek reimbursement from any settlement or judgment you receive. The insurance company is stepping in to recover their costs from whoever was responsible for the accident. That is called subrogation, and it’s a common practice after an accident.
How Is Liability Determined for a Texas Car Accident?
Texas follows a modified comparative fault system in which each party’s financial responsibility aligns with their contribution to the accident. You may seek compensation if your portion of fault is 50 percent or less, but your compensation decreases according to your percentage of fault.
Determining liability requires evidence. The most common types of evidence include:
- Police Reports – Police reports provide an official account of the accident, often including a preliminary assessment of fault based on the officer’s investigation and a description of any tickets or citations. They can be critical evidence in legal proceedings, as they offer a third-party view of the events.
- Photos and Video Footage – Photos and videos can capture weather conditions, debris, vehicle position, traffic signs, and road obstructions.
- Witness Statements – Eyewitnesses to the accident can provide independent accounts that may support or contradict the involved parties’ versions of events.
- Digital Data – Many vehicles have digital onboard systems that show braking, acceleration, and other actions before and during the crash.
- Accident Reconstruction – In more complex cases, accident reconstruction specialists use physical evidence from the scene to determine what happened and why.
How Do I File a Claim to Cover My Medical Bills?
To file car accident claims for your medical bills after a crash in Texas, follow these steps:
- Stick to your healthcare provider’s instructions for after-accident medical care, such as rehabilitation, prescriptions, and follow-up care.
- Keep all bills and documents related to the crash, including any photos you took at the scene.
- Talk to a Texas car accident attorney at The Wilhite Law Firm. We understand the insurance claims process and can help you maximize compensation from every available source of coverage.
Contact a Texas Car Accident Lawyer
If you are overwhelmed by the insurance claims process, contact an experienced car accident attorney at The Wilhite Law Firm. Since 1977, our skilled attorneys have successfully recovered the money injured people need to cover medical expenses and other losses. With offices in Dallas and Fort Worth, our Texas car accident attorneys are ready to meet with you to discuss your car accident claim.
Contact The Wilhite Law Firm today for a free consultation.
