If you were injured in an accident in Texas for which you had some responsibility, you’re not necessarily barred from recovering compensation from the other party involved in the crash. The state’s modified comparative fault rule determines whether you can recover damages and how much you’re entitled to. Here’s how things work.
You can recover damages if you are 50% or less at fault for the accident. However, if you are 51% or more at fault, you get nothing. Additionally, your fault percentage will reduce your payout. higher your fault percentage is, the less you can recover. For example, you will only recover 60% of your total damages if you were 40% at fault for the crash.
Insurance companies may use fault against you
Insurance companies love to shift blame. The more fault they can pin on you, the less they have to pay. They might argue that you were speeding, distracted or didn’t react quickly enough to avoid the crash. As such, it helps to gather evidence like photos of the crime scene, witness statements and police reports to challenge an unfair fault determination.
Understand your options
If you believe the insurance company wrongly assigned you too much blame for the crash, you can challenge their findings. You might need to provide additional evidence that supports your position during settlement negotiations or even take the matter to court if such attempts fail. A judge or jury can then determine each party’s fault.
Navigating such claims can be complicated, especially when dealing with insurance companies working to minimize their payouts. Seeking qualified legal guidance can help you understand your rights, present a strong case and explore the best course of action for getting the compensation you deserve.