If you are injured in a car accident for which you are partially at fault, you may still be able to recover compensation.
While driving, you see an intoxicated driver swerving. You panic and swerve yourself and in the process hit another car. You seek medical treatment for your injuries and make a claim with your own insurance company and the other driver’s insurance company. You are asked to get the police report. The police report states that you overcorrected after swerving and collided with another vehicle. After reading the report, the insurance company denies your claim. However, this does not mean the end of your auto accident claim. Consult with a Houston automobile wreck lawyer who can negotiate the claim on your behalf.
Do Not Admit Fault
You may not be at fault for the accident. Do not give any statements or admit your fault before you speak to your attorney. How your case progresses will partly depend on what eye witnesses have to say about the accident. The insurance adjuster will use eye witness statements to determine whether or not you were at fault. You can give a general statement but do not tell them that you believe you were at fault.
Filing a Lawsuit
Most car accident injury cases are settled well before a lawsuit is even contemplated. However, if you were partially at fault for the accident, your claim may have to be filed as a lawsuit. This is important in order to receive maximum compensation for your injuries. If your car accident case goes to trial, the jury or judge will assess who was at fault for the accident and how much each driver involved was at fault. This concept is known as comparative fault. (Read – Understanding Auto Accident Claims)
In the state of Texas, your percentage of fault decreases your compensation proportionately. However, it does not keep you from getting compensation. If you are found to be 30 percent at fault and the jury awards $60,000 for your injuries, you will receive $42,000.