Car Accident Attorneys – Personal Injury Cases
The most common personal injury accidents in the state of Texas occur in vehicle crashes. These are known as MVAs or motor vehicle accidents. However, due to the low-mandated minimum coverage, drivers involved in motor vehicle accidents rarely have enough passenger coverage.
What To Do?
The first thing any passenger hurt in a motor vehicle accident must do is seek immediate medical attention. There will be an official police report, as well as, a receipt for emergency room treatment if you receive medical care. Make sure to keep the records in a safe place so that you can take them to a car accident attorney.
Passengers May Have Additional Coverage
In many situations, a passenger in a car accident may have several options available to make insurance claims. Individuals who experience an accident while a passenger in an “at-fault” vehicle, or caused by multiple at-fault vehicles, can file both third and first party claims. These claims are filed against the same insurance policy as the result of a new law enacted.
Claims Against Both Drivers
The new law allows for a passenger who broke a limb and needed surgery to pursue a claim against the driver of the car in which the injured party was a passenger. A claim can also be initiated against the driver of the other at-fault vehicle, if there is one. Additionally, the injured party can make a claim for underinsurance against the driver of the car where the injured person was a passenger. They can do this if that driver does not have a reasonable amount of insurance coverage.
How This Gains More Compensation
The new law allows an injured party to file what is called a “joint tort feaser.” In the past, there was no provision for filing an under-insured motorist or uninsured motorist claim. The Supreme Court changed the law in 2009, allowing injury victims to pursue claims for underinsurance benefits. This is available because the state mandates a minimum coverage of $15,000.
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