Texas is a huge state with millions of drivers and the highest speed limits in the country. It’s no surprise, then, that Texas also has plenty of car accidents.
Like all states, Texas has its own set of laws concerning accidents and insurance. Below are some of the most important, but keep in mind that an experienced San Antonio auto accident attorney can tell you a lot more about Texas laws and your situation.
Texas Uses a Fault-Based Car Insurance System
Texas follows a fault-based system for car insurance, which requires the driver who causes an accident to be held liable for the damages. The insurance companies of the drivers involved in an accident determine fault based on evidence such as police reports and damage to the vehicles. The driver found at fault and their insurance are responsible for paying for the property damage and injuries resulting from the accident.
Under this system, anyone injured in an accident can seek compensation by filing a claim with the insurance company of the at-fault driver or by filing a lawsuit against them for damages.
Statute of Limitations in Texas
Auto accidents are personal injury claims, and the statute of limitations on personal injury claims in Texas is two years.
This means that you must file a lawsuit within two years of an accident or you won’t be able to sue. There may be other rules that you have to comply with, however, depending on the circumstances of your case. For example, if an Austin city employee or vehicle was involved in your accident and you believe that the employee was at fault, you have to provide notice of your intention to sue within just 45 days.
So, even though you have two years, it’s essential that you consult with an attorney as soon as you can to make sure you have every opportunity to recover for your injuries and other damages.
Car Insurance Requirements in Texas
In most states, drivers are required to carry a minimum amount of car insurance in order to be able to register and drive a car. Texas is no exception.
It’s important to keep in mind that these are the minimum requirements for each type of coverage. Having less coverage than this will prevent you from registering your car in Texas and could lead to being cited for being underinsured. However, just because your insurance will only pay for $25,000 in property damage doesn’t mean you can’t be held responsible if you cause more than that amount of property damage.
It’s easy to imagine an accident involving just one or two other vehicles where the property damage exceeds $25,000. If you only have the minimum coverage in Texas, the damage beyond $25,000 would have to come out of your pocket.
Personal Injury Protection in Texas
Personal Injury Protection (PIP) is optional in Texas, but insurance companies in the state are required to offer it as an additional option on all policies. PIP covers medical expenses and lost wages for a driver and their passengers regardless of who was at fault in the accident.