After a Car Wreck, Who's Insurance Will I File a Claim Through?
The person who caused the wreck is responsible for paying for the damages and injuries it caused, so you'll file a claim using the at-fault driver's insurance.
(Not sure who's at-fault for your accident? You can start by reading my article here).
If you were in a car accident and you believe the other driver is at-fault, you should contact their insurance company to start a claim. This is why it's so important to get the other driver's insurance information after a wreck - you'll need their name and policy number in order to contact their provider.
It should be noted that Texas is one of the few states where fault in a wreck can be shared. So for example, if you were texting while driving and pulled out in front of a driver who was speeding - causing them to wreck into you - you can both be at-fault; should shouldn't have been texting, but they shouldn't have been speeding. In these situations, you can still make a claim against the other driver, but you won't be able to recover 100% of the costs (medical bills, auto repairs, etc.) you incurred in the wreck.
(Want to learn more about how to make a successful car accident claim in Texas? Download my free guide instantly).
Who Decides Who's At-Fault?
The insurance company will listen to each side of the story, review all the evidence you (or your lawyer, if you have one) present to them and ultimately make an offer depending on who they think caused the wreck. However, insurance companies don't always accept responsibility for a wreck.
So let's say you file a claim against another driver who hit you. If their insurance company "accepts liability," then the claim gets moving toward a resolution, which is a good sign.
If the insurance company "denies liability," then the only way you're going to win is if you file a lawsuit.
Once you file a lawsuit, liability is decided by a jury (instead of the insurance company).
How to Make a Claim Against the Other Driver's Insurance Company
I've written a detailed, step-by-step guide that explains what to do after your Texas car accident and how to file a claim - you can find that here.
How Much Money Can I Recover?
This, as you probably expected, varies from case to case. The amount of money you can recover (and what your case is worth) is determined by a few factors:
- Who caused the wreck? Were you partially at fault? (This will lower the value of your claim).
- Can you prove who caused the wreck? Do you have strong evidence to support your story?
- How much will it cost to fix your car?
- What sort of personal injuries did you suffer in the accident?
- Did you miss work as a result of the wreck? (You can claim for lost wages if so).
- Has the wreck negatively affected your life in the long term? (You can also claim for pain and suffering).
To get a better idea of what your particular case is worth, you can read my article: What's My Case Worth?
Additionally, the best way to get an accurate picture of how much your case is worth is to contact a personal injury attorney. For accident victims in the Dallas-Fort Worth area, we offer free consultations where we explain your rights and discuss the viability of your case. You can schedule your free appointment today by calling 817-294-1900.
What Happens After I File a Claim?
I've also written extensively on this topic: you can find that information here.