Jason Stephens | June 20, 2023 | Car Accidents
Texas is considered an “at-fault” state for car insurance claims. That means that after a crash in Fort Worth, drivers are free to pursue claims against each other to recover money damages.
If someone has recently filed a Fort Worth car accident claim against you, you might wonder what your legal rights and options are. This blog post will fill you in on what you should do in this type of situation.
Insurance Claims for Fort Worth Car Accidents
Texas requires drivers to purchase minimum amounts of liability car insurance. Liability insurance coverage pays claims filed by people injured in car accidents that are your fault. The minimum car insurance required in Texas is:
- $25,000 in coverage for property damage
- $30,000 in coverage for injuries to a person
- $60,000 in coverage for injuries per accident
Your insurance company is only liable for damages up to your policy limits. However, you can purchase higher limits for liability insurance coverage.
When someone files a car accident claim against you, your insurance company has to investigate the claim. If the company determines you are responsible for causing the car crash, the insurance company should negotiate a settlement with the injured party.
However, your insurance company could deny the claim or refuse to pay what the victim demands. In that case, the person might sue you for the car accident. If so, your insurance company should hire a lawyer to defend the personal injury lawsuit.
It is important to note that you are responsible for any amounts a jury awards to the injured party above your insurance limits. Therefore, you have the right to consult with an attorney at your expense to discuss your legal rights regarding a claim filed against you.
How To Fight Against Fraudulently Filed Car Accident Claims in Fort Worth
Accident victims might file claims that are not valid. There are two types of fraudulent car accident claims.
First, a person might sustain minor injuries in a car crash. However, they filed an exaggerated personal injury claim. They say they sustained severe injuries, and they exaggerate their financial losses.
In other cases, a person might file a false car accident claim. For example, the person might intentionally cause a car crash to file an insurance claim.
It can be difficult to spot a fraudulent car accident claim. Most insurance companies thoroughly investigate claims, so your insurance provider should catch false insurance claims. You must cooperate with your insurer during the investigation, or the insurance company could deny coverage.
However, an insurance company might decide it is better to pay small claims than spend the time and money investigating a claim. Therefore, your insurance premiums could increase even though you did not cause the car accident. If you are concerned, discuss your situation with a Fort Worth car accident attorney.
How To Protect Your Rights After a Fort Worth Car Accident
The moments after a car accident can be confusing and overwhelming. However, it is important to focus on what you need to do after the car crash to protect your legal rights. Steps you can take to protect yourself include:
- Call 911 to report the accident. Texas law requires drivers to report car accidents that involve injury or more than $1,000 in property damage. It is always best to report a car accident, even if you do not believe you are injured.
- Take photographs of the accident scene, including the damage to vehicles. Making a video of the accident scene is also a good idea.
- Never admit fault for causing the car crash. Saying you are sorry could be interpreted as admitting fault. Instead, limit your statement to the police to the facts you recall, and do not discuss the crash with the other driver or bystanders.
- Ask anyone who witnessed the accident for their names and telephone numbers. Eyewitness testimony can be beneficial in proving fault.
- Note any security or traffic cameras in the area that could have recorded the collision.
- See a doctor as soon as possible after the car accident. Documenting your injuries is essential for a personal injury claim. Even if you feel okay, do not say that at the accident scene because it could be used against you during a personal injury case.
- Avoid discussing your accident or injuries online. It is wise to avoid using social media and posting online until you discuss the case with a lawyer.
The majority of car accident claims are legitimate. The best way to protect your rights is to seek legal advice as soon as possible after a car accident in Fort Worth.
Contact Our Car Accident Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth car accident lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107
(817) 420-7000