When you’re the victim of a car accident, you may decide to file a claim in order to recoup your medical costs, car damages, and more. Unfortunately, these claims more often than not involve third party insurance – the insurance of the other driver – and are more difficult to seek compensation from. The third-party insurance carrier owes a duty to its client to protect their interests. As you have not paid them any premiums (as the other driver has), they will likely be more difficult to work with and may look to hold you accountable for some or all of the liability in the accident. In the end, this could negatively affect your car wreck settlement.
Texas follows the law of contributory fault, meaning if you are found to be even partially responsible for the accident, your compensation award will be diminished proportionally. When investigating your claim, the third-party insurance company will likely look for ways to prove you hold at least partial responsibility in the collision, so the amount it has to pay out is lessened. If the judge in your case decides you are more at fault than the defendant, you will be unable to seek a car wreck settlement at all.
In order to ensure third party insurance isn’t able to hold you accountable for the accident, it’s important to seek help from a legal professional. They’ll help you gather evidence, such as the police report, accident scene photos, eyewitness testimony, and more. These can help support your case and prove that the other driver was, indeed, at fault.
Have you filed an accident claim that involves third party insurance? Get help from an experienced lawyer to ensure your car wreck settlement isn’t negatively affected. Call (210) 934-6609 to speak to a San Antonio personal injury lawyer at the Law Offices of Pat Maloney today.