The state of Texas imposes a two-year statute of limitation on all accident cases. Since Texas is a fault state, accident victims maintain the right to file a formal claim against the responsible party. After an auto accident, the first step is to file a claim against the at-fault driver’s insurance policy.
Filing a Claim
An auto accident attorney in Azle Tx contacts the insurance carrier for the accountable driver. A claim is filed against the insurance policy to acquire compensation of the victim’s injuries. However, if the policy won’t pay the full amount of the victim’s expenses or the claim is denied, a formal lawsuit is filed. Additionally, if the at-fault driver wasn’t compliant with auto insurance laws, they receive a citation for lack of insurance and applicable penalties.
What to Expect
The victim should never communicate with the insurance carrier or attorney representing the responsible party. This is a tactic used to acquire information. This information is used to discredit their claim against the at-fault driver. Any correspondence or calls should be redirected to the victim’s attorney.
Victims should never review a settlement offer without their attorney. Insurance companies will offer a settlement that is below the requested value to settle the claim quickly. An attorney could negotiate with the insurer or opposing attorney to acquire an adequate settlement.
Understanding Shared Fault
The police report identifies if the victim received a citation after the accident. Any moving violations are counted against the victim in these proceedings. Through shared fault, the court can reduce the settlement value based on an accumulated percentage. The judge assigns this percentage to identify at what rate the victim is at fault for the accident. Any percentage that is fifty or above forfeits the victim’s settlement.
Accident victims should initiate their right to compensation immediately. If the victim is incapacitated, a family member may file for them. An attorney could also visit the victim while they are in the hospital when needed. To identify applicable laws and avoid immediate forfeiture due to the statute of limitations, victims contact an Auto Accident Attorney in Azle TX as soon as possible.
