If you file a claim with a car insurance company after an accident but can’t agree on a fair settlement, you may need to hire a car accident lawyer in San Antonio to take your case to court. However, when your car accident case is tried in court, there are a few things you will need to avoid if you want to receive the compensation you deserve.
Ask a Car Accident Lawyer in San Antonio: What Mistakes Should You Avoid in Court?
When your car accident case is settled in court, you must remember that the people who decide which way your case will go are the judge and jury. Whether you are suing the other driver directly or suing an insurance company, it’s essential that all of your conduct in court be appropriate and that you stick to the facts of the case.
You Can Read This Simler Article:
Too often, car accident victims make the mistake of providing too many details about the accident. However, the more details you share that are not purely fact-based, the more likely the other driver’s lawyer or the insurance company will be able to undermine or misconstrue your words. If you are giving a statement to the court, only stick to the facts that your lawyer has collected as part of your evidence to prove your case.
Why You Should Never Apologize
After a car accident, you should never apologize for the accident – not when you are speaking to the other driver, not when the insurance company contacts you, and not when you are in court, By apologizing, you are essentially admitting that you are responsible for the accident, and that will hold you liable for all damages.
What Compensation Can You Claim?
The compensation you can claim from a car accident court trial is similar to the compensation you can claim if you accept a settlement offer directly from an insurance company. The biggest difference will likely be the settlement amount, which may vary if the comparative fault was triggered in your case or if you ask your lawyer to pursue compensation for pain and suffering.
In general, you should be able to claim both economic and non-economic damages after a car accident. Economic damages include lost wages, vehicle damage, and medical bills, whereas non-economic damages include mental anguish, emotional suffering, and reduced quality of life. Click here to learn about how a car accident lawyer can help you seek fair compensation.
Do Drivers Have to Have Auto Insurance in Texas?
In Texas, all drivers are legally required to have auto insurance. Specifically, Texas drivers should have liability insurance that offers financial coverage for bodily injury and property damage. Texas liability insurance plans will typically provide $30,000 per person for injuries, $60,000 per accident for injury, and $25,000 per accident for property damage. Some drivers may also choose to have uninsured motorist coverage, which will cover damages if an accident involves an uninsured driver.
If you do not have auto insurance, and you are in a car accident, you will be penalized with a $350 fine. Your penalties after an accident can increase if you have a poor driving record, if you’ve driven without insurance in the past, or if there are other serious circumstances related to your accident, such as DUI.
Is Texas an At-Fault State?
Texas is an at-fault state, which means that the liable party in a car accident is legally responsible for providing financial compensation to the victims of a car crash. Texas also supports the modified comparative fault doctrine, which allows both parties involved in a car accident to claim part of the total settlement to pay for damages.
Modified comparative fault is one of the biggest reasons you will need to hire an experienced lawyer. When this doctrine is triggered in your case, you will have to prove in court that you are less than 51% responsible for the accident. If you are more than 51% liable for the car crash, you will not be able to claim any compensation for your injuries and damages.
How Long Do You Have to File a Lawsuit?
The statute of limitations for a car accident lawsuit in Texas is two years after the date of the accident. Once the statute of limitations passes, you will not be able to file a lawsuit against an insurance company or the other driver.
What Should You Do After an Accident?
In Texas, the first thing you should do after a car accident is to contact the police, especially if there are serious injuries involved, the vehicles cannot be safely moved, or the other driver is intoxicated. The police should also be contacted if the other driver leaves the scene of the accident. After contacting the police, you should seek emergency medical attention and contact your insurance company.
If your car accident claim has to be settled in court, you should avoid admitting fault and stick to the facts of the case. Your car accident attorney will guide you through the court trial, so you can secure the compensation you deserve for your injuries and damages. Because Texas is an at-fault state that supports certain legal doctrines, hiring an experienced lawyer is essential.
Also, Read The Following: anthony levandowski net worth