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Understanding how partial fault affects auto accident claims

On Behalf of | Oct 11, 2022 | Personal Injury |

Collisions, rear-end accidents, side scrapes and other car accidents, both minor and major,  may lead to unexpected expenses. There may be medical bills and repair costs you need to worry about.

In such cases, it is important to be able to file a claim to help cover these. However, there is a common misconception that if you are even a little to blame in an auto accident, you are unable to receive any compensation for it, which may make you wary about filing one.

Texas is a modified comparative negligence state

As long as you are not over 50% responsible for the accident, you may be able to receive compensation as long as you file within the statute of limitations of two years (with certain exceptions). However, the percentage for which you are at fault in the accident ends up deducted from your overall damages. For instance, if you are 40% at fault, you will only receive 60% of the amount awarded.

Insurance covers what you are at fault for

Texas requires that you have, at a minimum, $2,500 of Personal Injury Protection coverage, though you may have more if you wish. PIP insurance is what covers the damages if you are the one that bears the majority (over 50%) of the responsibility for the accident. Similarly, the other driver’s PIP may cover damages he or she owes to you.

While it is often difficult to assign blame in an auto accident, it can be very important when filing a claim. Even if you share some of the blame, as long as you are not more at fault than the other party, there is a possibility you may be able to receive compensation.