People who drive on San Antonio roadways are required by Texas law to cover liability insurance. Liability insurance pays claims for bodily injury and property damage following an accident. Some coverage types pay the damages incurred by the party that did not cause the accident, while other coverage types will pay for any accident regardless of fault or liability.
Minimum Coverage Requirements
The minimum amount of liability insurance a motorist can carry is $30,000 per person and $60,000 per accident. Although motorists are required to purchase and maintain liability coverage, if they fail to do so or there is a lapse in coverage, victims in Texas nay seek recovery from the uninsured motorist fund. If the damages to people and property exceed the minimum coverage requirements, an injured party may seek redress from the underinsured motorist fund.
Uninsured Motorist Claims
If you are involved in an accident with a person that is uninsured, your source of recovery is the uninsured motorist fund. Your claim is submitted and filed with your own insurance company – but the proceeds are paid from the fund and not your coverage if you can prove the other driver did not have insurance.
Underinsured Motorist Claims
Similarly, if the accident involves an underinsured driver, after collecting damages from the underinsured driver’s insurance company, the injured party may seek additional payments from the underinsured motorist fund.
All Other Personal Liability Laws Apply
Under both types of claims, uninsured or underinsured, the injured party must still prove negligence and injuries to obtain recovery. Instead of suing the other driver’s insurance company, the injured person submits a claim to one of the funds.
The statute of limitations for filing a lawsuit is 2 years from the date of the accident, unless an exception for minor children, incompetent people, or out of state drivers apply. The modified comparative fault rules also apply. Damages or compensation can be reduced to $0 if the injured party is found to be more than 50% liable or responsible for the car accident.
Lost wages, pain and suffering, wrongful death, loss of consortium, and compensation for the cost of medical care and treatment, including prescription medications, alternative medicine therapies are all recoverable and are typical damages in auto accident cases.
HAVE YOU BEEN INJURED IN A CAR CRASH BY AN UNINSURED OR UNDERINSURED DRIVER?
For over 44 years, the law firm of Joe A. Gamez has fought diligently for injured victims of serious and tragic car crashes. If you or someone you love has been injured following a car crash by an uninsured or underinsured driver, call the San Antonio accident lawyer Joe A. Gamez to schedule a comprehensive case evaluation. The no-cost, no obligation consultation is free. The only fee we charge is a contingency fee, if your case is successful. Contact the Gamez Injury Lawyers for more information and to schedule your case review. Hablamos español.