The first thing to understand is Texas is an “At Fault” State. This means that the driver who caused the accident is supposed to pay for your car accident settlement. However, it is not always that simple. Sometimes the at fault driver does not have insurance. Sometimes there is more than one driver or “thing” responsible for your car accident.

What happens then? Where do you start? The best place to start is to identify all of the potential at fault parties involved, and then proceed from there…..

• 1. WHO IS AT FAULT FOR YOUR CAR ACCIDENT?

To answer this question, lets highlight a few different scenarios.

• Another driver was at fault for your car accident.

This is the most common type of car accident. It involves two drivers, where one of them is at fault for the car accident. The at fault driver’s auto insurance pays for the car accident settlement.

• You were an innocent passenger in an at fault vehicle.

This is another common type of car accident but car accident victims don’t always realize they can be compensated in a situation like this. They have a tendency to think because the vehicle they were in at the time of the accident is at fault, then that means they are too. This is not the case. In this situation, the innocent passenger would receive a car accident settlement from the at fault drivers insurance.

• The area you were driving in had issues that caused a car accident.

This type of car accident is more uncommon than the others but it does happen. For example, the road may not be proper or the traffic light was broken or a construction zone did not follow proper protocols. If you are in a car accident involving one of these types of scenarios, you are entitled to compensation, BUT these are also harder avenues to pursue.

• You were in a unique accident like…..

We have all heard some crazy stories in our day because the fact is, sometimes weird, unique, “crazy” things happen. Some of those stories come from the car accident industry. For example, I worked a case that involved a runaway cow that walked out onto the freeway and caused a car accident. You may not think that can cause much damage but cows typically weigh over 1,000 pounds. In this situation, we were able to find the cow owner and his business insurance paid for the car accident settlement. There was a story in the news the other day where a small plane fell out of the sky and landed on the highway. In this situation, the plane’s insurance would have to pay for any type of settlement.

• There were multiple drivers and/or “things” responsible for your car accident.

Some car accidents have more than one at fault driver. For example, lets say you are rear ended from behind but then another vehicle that had more than enough time to stop, rear ends that vehicle, causing you to take another impact. Another example would be if you were involved in a bad car accident where the airbags were supposed to deploy but they never did. If you can make the case that you would have had less injuries had the airbags been deployed you can receive a car accident settlement from the driver who caused it and the airbag manufacturer. I worked a case one time that involved a rental vehicle that kept shutting down on the drivers. The drivers called the rental facility and told them the vehicle kept shutting down on them. Instead of coming to get the vehicle, the rental facility told them to drive the car back. On the way back, the car shut down on them again and they were rear ended from behind. In this situation, there was a car accident settlement from the insurance of the vehicle who rear ended them and the rental company hired a lawyer who also paid a settlement.

• 2. WHAT TYPE OF INSURANCE COVERAGE IS AVAILABLE?

As mentioned a couple times above, sometimes there is more than just auto insurance coverage available after a car accident. There are other types of insurance coverages than can cover you in your car accident depending on how the car accident occurred. For example, someone who drives into a house may be able to receive compensation from a homeowners policy. As I mentioned above, there may be land insurance or business insurance available. Furthermore, sometimes there isn’t insurance available but the at fault party, usually a business, will hire a Lawyer themselves to work out a direct settlement from the company for your car accident.

If you are in a situation where all of the potential at fault parties do not have any type of insurance or assets to cover your settlement, the next step would be for you to check your own insurance policy. You can do this by requesting your insurance company send you a copy of your Declaration Page. Your Declaration Page will show all of the different types of coverage you have.

• UNINSURED / UNDER-INSURED MOTORIST COVERAGE

The most common type of coverage in a situation like this is Uninsured / Under-Insured BI Motorist Coverage. As mentioned in the name, if someone is “UNINSURED”, then you can pursue this coverage on your policy just like you are going after the other driver. Therefore, you can receive compensation for medical bills, lost joys, lost wages, pain and suffering and more.

• PERSONAL INJURY PROTECTION “PIP”

Another type of coverage is PIP which is short for Personal Injury Protection. Typically you can use PIP to pay for medical expenses, lost wages and if you needed to hire someone for household chores. However, you cannot receive non economic damages like pain and suffering, mental anguish, lost joys and more.

• MED PAY

Another coverage is MED PAY. This coverage is just like PIP except you can only use it for Medical Expenses.

You can check out our TYPES OF CAR ACCIDENT INSURANCE page on our website for more information.

• 3. WHAT IF I CAN’T FIND INSURANCE OR SOMEONE TO PAY?

Before you think there is no insurance to go after, it’s important you consult with a Car Accident Expert. Click the “CLICK TO SEE IF YOU HAVE A CASE” button on our website, fill out the form and an Expert will reach out. Sometimes there is insurance when it appears there is not. One way Law Firms try to find insurance is by hiring Research Companies that can track down possible insurance policies that the at fault driver may have. I worked a case one time where the Police put down on the Accident Report that the at fault driver did not have insurance. However, after further research myself and after hiring a Research Company, it was determined the at fault driver’s mother’s insurance would cover him for the car accident. You can hear more about this story in this VIDEO:

Lastly, if you have exhausted all options, the only thing left you can do is contact the TEXAS CRIMES VICTIM COMPENSATION PROGRAM. This program is on a case by case basis so not everyone gets accepted. But if you get accepted, the program will help you pay for any damages you may have received from your car accident.

I hope this article has been helpful for you. If you would like to talk to a Car Accident Expert today, send us a message on our CONTACT PAGE or answer 5 questions on the “CLICK TO SEE IF YOU HAVE A CASE” button on our website.