Car accidents can be stressful and confusing, especially when determining who is responsible for paying damages. Texas follows a fault-based insurance system, meaning the driver found at fault is generally responsible for covering the costs of injuries and property damage they cause. If you’re involved in an accident caused by another driver’s negligence, you’ll likely file a claim against their insurance policy. But do you need to pay a deductible if you weren’t at fault? The short answer is no, as long as you aren’t filing a claim through your own insurance.
Navigating the complexities of Texas’s fault-based insurance rules can be daunting, but that’s where The Karam Law Office comes in. Our experienced personal injury attorneys specialize in helping accident victims understand their rights and pursue the compensation they’re entitled to. From dealing with insurance adjusters to ensuring you receive a fair settlement, we’re here to advocate for you every step of the way. Understanding how insurance claims work in Texas can save you significant time and money during an already difficult situation.
What is a Deductible, and When Does It Apply?
A deductible is the amount of money you agree to pay out of pocket before your insurance policy kicks in to cover damages. For example, if you have a $500 deductible and file a claim with your insurer for $1,500 worth of damage, you would pay your $500, and the insurance company would cover the remaining $1,000.
If the accident was not your fault, you typically should not be responsible for a deductible because the at-fault driver’s liability insurance should cover your damages. However, if you file a claim with your own insurer—for instance, because the at-fault driver is uninsured or underinsured—you may have to pay your deductible. Your insurance company may later recover this amount through subrogation (reimbursement from the at-fault driver’s insurer).
What to Do After an Accident That Wasn't Your Fault
If you’ve been in an accident and it’s clear the other driver is at fault, taking the right steps can ensure you receive fair compensation for your damages, including medical expenses and property repairs. Here’s how to protect your rights and maximize your settlement:
- Call the Police: Always contact law enforcement after an accident. A police report can serve as critical evidence when determining fault and pursuing compensation from the at-fault driver’s insurance company.
- Exchange Information: Collect the other driver’s name, contact details, and insurance information. Also, take down the names and contact information of any witnesses.
- Document the Scene: Use your phone or camera to take photos of the accident site, vehicle damage, and any visible injuries. This evidence is invaluable when filing a claim.
- Get Medical Attention: Even if you think your injuries are minor, seek medical attention right away. Some injuries, such as whiplash or internal damage, may not show symptoms immediately but can worsen over time.
- Contact a Car Accident Lawyer: Before speaking with insurance adjusters, consult an experienced attorney. Insurance companies often attempt to minimize payouts or shift fault onto you, which can jeopardize your claim.
Texas Liability Insurance Requirements
Texas law requires all drivers to carry liability insurance to demonstrate proof of financial responsibility.
The mandated minimum coverage includes the following amounts:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage per accident
This coverage is designed to compensate other people injured or whose property is damaged by the policyholder's negligence.
If you were not at fault, you would file a claim against the other driver’s liability insurance policy to cover your losses. However, collecting the compensation you deserve isn’t always straightforward, especially if the at-fault driver is uninsured, underinsured, or disputes the liability.
Why You Need a Car Accident Lawyer
Filing an insurance claim might seem simple, but it’s often more complicated than expected. Insurance companies are businesses, and they aim to minimize payouts wherever possible. This can leave accident victims with settlements that fall far short of covering their true costs.
An experienced car accident attorney can protect you from these tactics and work to maximize your compensation. They can negotiate with insurance companies on your behalf, ensure all your damages are accounted for, and, if necessary, take your case to court.
Here are some key reasons to hire a lawyer after an accident that wasn’t your fault:
- Insurance adjusters may try to undervalue your claim or argue that you were partially at fault.
- Early settlement offers often don’t cover the full scope of expenses, including ongoing medical treatment, pain and suffering, or lost wages.
- Your lawyer can gather evidence, including medical records and eyewitness testimony, to strengthen your case.
With professional representation, you can focus on recovering while your attorney handles the legal complexities.
How the Karam Law Office Can Help
At The Karam Law Office, we specialize in helping accident victims in Texas get the compensation they deserve. Our experienced team understands the challenges you may face when dealing with insurance companies and navigating the claims process.
We have recovered millions on behalf of our clients, ensuring they receive fair and full compensation for their injuries. From handling paperwork to negotiating with insurers, we manage every aspect of your case so you can focus on healing.
Every case is different, and we take the time to understand the details of your accident to develop the strongest possible claim. Whether you were hit by an insured driver or are dealing with an uninsured motorist claim, we know the strategies that work.
At The Karam Law Office, you pay no attorney fees unless we win your case. This means there’s no financial risk to get the legal help you need. Our goal is to secure maximum compensation for your injuries and property damage while providing peace of mind throughout the process.
Don’t Settle for Less
If you’ve been injured in an accident caused by another driver, you shouldn’t have to bear the financial burden. Instead of navigating the complexities of insurance claims or worrying about deductibles, let our team help. Contact The Karam Law Office today for a free consultation.
Whether you’re dealing with medical bills, car repairs, or lost income, we’re here to fight for the compensation you deserve. Don’t wait—contact us now to discuss your case.
