Car accidents are often unexpected and traumatic events that can disrupt your life in many ways. Among the most immediate concerns for anyone involved in a car accident is figuring out who will pay the medical bills. In Texas, this can be a complicated issue, as it involves determining liability and understanding how insurance works in the aftermath of a crash. Whether you’re dealing with your own medical expenses or seeking compensation from the at-fault driver, it’s important to understand the process before you file a claim.
Texas’s Fault-Based Insurance System 
Texas follows a fault-based insurance system, which means the person who is responsible for causing the accident is generally responsible for covering the costs associated with the crash, including medical bills. In Texas, drivers are required to carry a minimum amount of liability insurance, which is designed to pay for injuries and property damage caused by the at-fault driver.
This system can work in your favor if the other driver is clearly at fault and has sufficient insurance coverage. However, Texas law also operates under a comparative fault system, which means that if both parties share some degree of responsibility for the accident, the financial responsibility will be divided based on the degree of fault. For example, if you are deemed to be 30% at fault for the accident and the other driver is 70% at fault, you could be responsible for 30% of your medical bills, while the other driver’s insurance would cover the remaining 70%.
This concept of comparative fault can add complexity to the claims process. It’s essential to understand how this applies to your situation and to gather evidence that accurately reflects your role in the accident.
Personal Injury Protection and Health Insurance
In Texas, the first source of payment for medical bills after an accident often comes from Personal Injury Protection (PIP) insurance, if you have it. PIP is a no-fault insurance policy that helps cover medical expenses for you and your passengers, regardless of who is at fault for the accident. This coverage can include not only medical bills but also lost wages and other related expenses.
However, not all Texas drivers have PIP coverage. If you don’t have PIP, your next option is likely to rely on your health insurance. Health insurance can help cover the cost of medical treatment after an accident, but it may not cover all expenses, and you could be responsible for out-of-pocket costs, such as deductibles and co-pays.
When you’re seeking medical treatment after a car accident, it’s important to contact your insurance provider as soon as possible. They will be able to guide you through the process of using your PIP coverage or health insurance to pay for medical expenses. In some cases, your health insurance may require you to reimburse them if you later receive a settlement from the at-fault driver’s insurance company.
Filing a Claim Against the At-Fault Driver
If you do not have sufficient coverage through your own insurance, or if the accident was not your fault, you may need to file a claim with the at-fault driver’s liability insurance. If the other driver is clearly at fault, their insurance company is generally responsible for paying for the damages, including medical bills. However, there can be challenges in this process, especially if the other driver is uninsured or underinsured.
In Texas, it is common for drivers to carry the minimum liability insurance required by the state, which includes $30,000 in coverage for injuries to one person and $60,000 for injuries to multiple people. However, this amount may not be enough to cover all of your medical expenses, especially if your injuries are severe or require long-term treatment. If this is the case, you may need to pursue additional avenues to recover the full amount of your medical costs.
Uninsured and Underinsured Motorist Coverage
When you are involved in an accident with a driver who has little or no insurance, uninsured/underinsured motorist (UM/UIM) coverage can be a crucial source of compensation. This coverage is often included in auto insurance policies in Texas, although it is not required by law. UM/UIM coverage helps pay for your medical expenses and damages if the at-fault driver does not have enough insurance to cover the full cost.
If you have UM/UIM coverage, it can help pay for medical bills, lost wages, and pain and suffering that result from the accident. However, it’s important to know that UM/UIM claims can sometimes be complicated, and you may need to work with an attorney to ensure that you receive the compensation you are entitled to.
If the at-fault driver is uninsured or underinsured, filing a claim with your own insurance company may be the most effective way to recover compensation. Your insurance company will typically investigate the accident and negotiate with the other party’s insurance company to determine liability and the amount of compensation you are entitled to.
What Happens If the Other Driver Has No Insurance?
In some unfortunate cases, the other driver may not have insurance at all. In Texas, it is estimated that one in five drivers is uninsured, which can make accidents even more frustrating for the innocent party. If the other driver doesn’t have insurance, your options may be limited, but there are still ways to recover your medical expenses.
One option is to file a personal injury lawsuit against the at-fault driver. This can be a lengthy and complicated process, and there is no guarantee that you will recover the full amount of your medical bills. If the other driver does not have the financial resources to cover the costs, you may have a difficult time collecting payment.
Another option is to file a claim with your own insurance company, assuming you have uninsured motorist coverage as part of your policy. UM coverage is designed to pay for your medical expenses and other damages when the at-fault driver has no insurance.
The Role of a Personal Injury Attorney in Texas
Navigating the claims process after a car accident in Texas can be complicated, especially when dealing with insurance companies, fault determinations, and potential legal action. Working with a personal injury attorney can help simplify the process and ensure that you receive fair compensation for your medical expenses and other damages. An attorney can help you gather evidence, file insurance claims, and represent your interests if you need to pursue a lawsuit.
If you’re unsure about the extent of your insurance coverage or how to handle your medical bills, an attorney can provide valuable guidance. They can also help you understand how to file a lawsuit if necessary and ensure that you meet the deadlines for filing a claim. In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit.
The Importance of Evidence in Proving Fault
Proving fault in a Texas car accident is essential to recovering your medical expenses. Evidence is key to establishing that the other driver was responsible for the crash and that their insurance should cover your medical bills. Gathering evidence at the scene of the accident is crucial. Take photographs of the vehicles, the scene, any visible damage, and road conditions. Get the contact information of any witnesses who may have seen the accident.
Additionally, police reports can play a significant role in proving fault. If law enforcement arrives at the scene, they may issue a citation to the at-fault driver, or they may provide a report that outlines the cause of the accident. This report can be valuable when filing a claim with your insurance or the at-fault driver’s insurance company.
If you’re able to show that the other driver was fully responsible for the accident, the insurance process may proceed more smoothly. However, if there’s a dispute, you may need an attorney to assist you with further investigation and legal proceedings to ensure you get the compensation you deserve.
Understanding who is responsible for paying medical bills after a car accident in Texas is essential to ensuring that you get the treatment you need without bearing the full financial burden. Whether you rely on your own insurance, the at-fault driver’s insurance, or even file a lawsuit, knowing your rights and the process involved can help you navigate this challenging time. At Bowen Law Firm, PLLC, we understand the complexities of car accident claims and are here to help you through every step of the process.