A car accident is more than painful and terrifying, but it’s also expensive when it causes injuries that require costly medical procedures and substantial care. Some accidents cause catastrophic injuries with permanent disability and long-term effects. The Texas Department of Insurance states the following as the minimum required liability auto insurance coverage:
“Texas law requires you to have at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage. This is called 30/60/25 coverage.”
The minimum coverage doesn’t go far with today’s exorbitant medical costs. So, what are your options if your Texas car accident damages far exceed the at-fault party’s policy limits? An experienced Dallas car accident lawyer pursues all options available to you.
File a Claim Against Your Texas Uninsured/Underinsured Motorist Coverage
While a handful of states require all drivers to carry uninsured/underinsured motorist insurance, Texas isn’t one of them. In Texas, all insurers are required to include this valuable coverage in their standard policies, but drivers may opt to save on their monthly premiums by signing waivers.
Still, if you choose to keep this important coverage, your Texas car accident lawyer will document compelling evidence of the full value of your damages. Then, not only will they seek the policy limits of the at-fault driver’s insurance, but also file a claim against your underinsured motorist policy by demonstrating to the insurer that your damages exceed the at-fault party’s insurance policy limits.
File a Personal Injury Lawsuit Against the At-Fault Driver’s Personal Financial Resources
In some cases, an experienced car accident lawyer may seek additional compensation for a Texas car accident victim’s extensive damages by filing a lawsuit petition in court for additional compensation directly from the at-fault driver’s financial holdings. This is only a viable option if the defendant in the case has significant resources.
If the defendant has an umbrella insurance policy, which is sometimes included in homeowner insurance and other policies. This is another possible source of additional compensation.
File a Third-Party Claim If Any Other Entities Contributed to the Accident or the Severity of the Injuries
Under Texas Civil Code Sec. 33.001. Proportionate Responsibility, an injury victim has the right to seek compensation for their total medical expenses, total past and future lost wages, and pain and suffering from one or more parties that caused their damages. Under this rule, your lawyer may pursue a claim against another party, depending on the circumstances of your accident.
For instance, if a negligent road maintenance or road-planning agency left a dangerous pothole or designed a confusing intersection that contributed to the cause of the accident, the attorney may seek compensation against the city or county agency for the negligence.
If an injury victim’s airbag didn’t deploy properly or their seatbelt failed to lock into place, a product liability claim against the manufacturer could recover substantial compensation.
An Assertive Texas Car Accident Lawyer
Hiring an assertive Dallas car accident lawyer who will work tirelessly on your behalf increases the chances of achieving a favorable outcome in your case, even when your damages exceed the policy limits of the other driver’s insurance.