Imagine driving through busy streets in Texas when another driver’s car clips yours. Even when you are sure you were not at fault for the incident, an insurance company may claim you are partially at fault. If you worry about how to protect yourself in this scenario, do not panic. The right legal strategies can protect your right to recover damages.
It is important to know that partial fault does not automatically destroy your compensation claim. Texas law actually allows you to recover damages even when you share some responsibility for the accident.
Understanding the 51% rule
Texas follows a proportionate responsibility statute that can work in your favor. As long as your percentage of responsibility is not greater than 50%, you can still recover damages. However, your fault percentage reduces any compensation.
For example, if you are found 30% responsible for a car accident, your compensation is reduced by30%. This means that if your damages total $100,000, you might get only $70,000. When your percentage of fault is 51% or above, you cannot recover anything. Fault determination is absolutely crucial to your claim’s success.
How insurers weaponize this rule
Insurance adjusters know this rule well and often use it to minimize payouts. They examine every detail of your accident to look for ways to shift blame. Common tactics can include the following:
- Twisting your words from recorded statements to suggest you admitted fault
- Highlighting any traffic violations, even minor ones
- Using your case’s lack of evidence against you
- Offering quick, low settlements before you understand your rights
These tactics serve the purpose of assigning you enough fault to either bar your claim entirely or reduce what they owe you.
Protecting your claim
You can take immediate steps to protect yourself from unfair fault allocation. Do not forget to document all details of your accident to build strong evidence supporting your injury claim. Take photos of the accident scene and gather witness contact information.
Additionally, watch what you say. Do not admit fault or apologize to anyone, and stick to the facts when reporting the incident. Avoid giving recorded statements without legal guidance and figure out your strategies before taking concrete action.
Countering insurer tactics
Before accepting any settlement offer, consider your next steps carefully. Insurance companies, even your own, may work against you to protect their own interests. If there is a dispute over fault, you may need the help of an experienced Texas personal injury professional. They can help you counter fault-shifting tactics and gather evidence.