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How to File a Car Accident Claim in Texas

This guest post is from Bradley Taylor, an automotive blogger, journalist and enthusiast. He also contributes to other and on behalf of other motoring publications such as Jardine Motors, BMW, Nissan, Audi and Ford. Connect with Bradley on Google Plus.

The invention of the automobile vastly changed civilization due to the fact that it allowed for anybody to travel to the destinations that they chose, at their own convenience. Furthermore, their affordability allowed for the majority of households to be able to own and maintain a car. Although there are many advantages for cars to be widespread, accidents can happen from time to time. Caused by either the environment, driver error, or vehicle malfunction, they can cause car damage, injuries, and more. When accidents involve other people, there are multiple rules and regulations that must be considered before filing a claim. For example, in Texas, there are specifications that those who were not responsible for the accident should know about. It is very important to have knowledge of these, as they can mean hundreds or even thousands of dollars more in compensation.

Texas carries certain insurance rules which differentiate it from other states. One example is the Modified Comparative Fault Rule which uses something called the at-fault percentage. The percentage is determined by how responsible the person was for the accident. If a person is fifty percent or less responsible, they are given the damage costs subtracted by their fault percentage. This way, somebody who is ten percent responsible will be given more money to pay for damages than somebody forty percent responsible. In addition, those who were at no fault in the accident get all of the money for damage. However, if a person is over fifty percent responsible for the accident, they won’t receive any compensation.

Another rule for Texas is that, after any car accident damage occurs, including a sore neck or a broken car accessory, you have two years to file suit. By learning how to properly file damage reports, you can let insurance agents take control of the situation and minimize the chances of an unwanted court negotiation. It should be known that most cases in Texas don’t make it all the way to court when handled this way. Usually, it ends with the insurance companies calculating and evaluating the costs and judging those at fault. However, major accidents such as personal property or major injuries can sometimes make their way to court. Lastly, it should be known that despite the fact that car insurance companies allow for certain decisions to be made, the decisions are governed by what the automotive companies decide on. In addition, the boundaries for the decisions vary per person.

The state of Texas has very helpful and sensible insurance laws. Although car accidents are emotionally and mentally challenging, it only makes sense that those least responsible for the accident are more covered. Unlike some laws that may have loopholes that can penalize those not responsible for the accident, Texas is strict in that those who were not responsible are not penalized in any way. On the contrary, Texas makes certain that those who were mostly responsible for causing the accident get penalized the most. This practice motivates drivers to drive more defensively due to the consequences that can happen if they are largely responsible for an accident.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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