Auto accidents are a fact of life. And even in the times that they don’t involve a lot of damage or loss of life, an auto accident has repercussions after the event. For example: you’ll still need money for auto repair, and the loss of your car can impair your income.
Knowledge is power, so let me give you advice on how to best manage when involved in an auto accident. After the incident, compensation is always an important concern for the parties involved. Whether it’s repair costs, hospital bills, or any other form of compensation, that’s always an issue in every situation. Insurance companies are usually willing to cover for these costs, but in order to find the appropriate amount entitled to the insured, fault has to be established.
In assigning fault, the question is about the degree of responsibility. The insurance paid out depends on how much at fault each of the two (or more) parties involved are. The insurance companies will send out claims adjusters, who study the situation, and based on their findings, fault to the parties, with a percent value known as “comparative fault.” Some states calculate insurance coverage by “pure comparative fault.” With pure comparative fault, your degree of responsibility is deducted from your claim. If you are found to be 20 percent responsible for the accident, then twenty percent is also deducted from your claim.
The state of Texas uses “proportional comparative fault”, in which claimants are entitled to the full amount of insurance as long as they weren’t assigned a certain level of responsibility. Texas has set this level to 51 percent. If you were at fault for 51 percent or less, you get fully compensated. More than 51 percent, and you do not receive any compensation from your insurance company.
To greatly improve your chances for getting your full insurance claim, you’ll need the services of San Antonio auto accident lawyers. A good, experienced attorney knows how to assess the situation, and can be your advocate in negotiating with the claims adjuster. San Antonio auto accident lawyers are specially trained in auto law and insurance regulations, so they’ll help not only to negotiate with the claims adjuster, but will also represent you in court in case of a dispute.
An auto accident attorney can help in a number of other ways. They can gather the evidence needed to plead your case (before a court or insurance company), like police and medical reports. An auto accident attorney in San Antonio can find and talk to potential witnesses, who can give statements to help you build your case. San Antonio auto accident lawyers can help you understand your legal situation, inform you of your rights, draft letters, and be your advocate if there are any disputes.
Do you need a lawyer after every accident? It depends on the circumstances of the incident. If there’s been death or serious or permanent injury involved, you will definitely need one. If fault is an issue, or if you feel you have a strong case for compensation, then call one of the good San Antonio auto accident lawyers. It always helps to have someone on your side who is knowledgeable, and looking out for your best interests.
As a long-time partner in a firm of San Antonio auto accident lawyers, Tom S Powers has represented hundreds of people in personal injury collision cases all over the country. He moved to Texas in 2008. As an auto accident attorney in San Antonio, he writes a column for legal advice for a local publication. With other top car accident lawyers in San Antonio, he also holds semi-annual workshops and seminars on road safety and auto accident law.
- Jed Totus
