Most people understand the basic procedure that should be followed after the car they’re - PowerPoint Presentation

Slide1

Most people understand the basic procedure that should be followed after the car they’re driving becomes involved in an accident. But what should you do if you’re a passenger in the vehicle?

How do you obtain compensation as a passenger in a car accident? Read on to learn about your rights as an automobile passenger in Texas.

Texas law requires automobile drivers to carry, at minimum, what is known as 30/60/25 coverage. This is an insurance policy that includes the following liability minimums:

$30,000 for each injured individual

$60,000 total personal injury per accident

$25,000 property damage

The $60,000 per-accident limit is often reached when multiple people are injured.

If the driver responsible for the accident has a 30/60/25 policy, then a maximum of $60,000 can be paid out

in total

for ALL injured persons, such as the driver and any passengers.

For example, let’s say three people are seriously injured in the accident. The insurance company will pay no more than $60,000 in total for personal injury claims. That means the three victims cannot all receive the maximum $30,000 per-person payout.

The $60,000 is may be distributed to the victims based on their relative degree of injury. Often, the amount paid out is much less than the victims deserve.

The family exclusion clause is a common feature of liability insurance policies across the country. It may prevent individuals injured in an auto accident from recovering from another family member who caused the accident.

However, the family exclusion clause was ruled invalid by the Texas Supreme Court in 1993.

1

Therefore, the family exclusion clause is unenforceable in Texas. State law permits injured parties to sue a family member if they cause injuries in an accident.

If you are injured in a single-vehicle accident—e.g., the car you’re riding in slammed into a tree or barrier—then the claims process is fairly simple.

In these cases, the driver of the vehicle is generally at fault. The driver's insurance carrier may provide compensation to the injured passenger(s) in accordance with policy terms and limits.

Many car accidents involve two or more vehicles. In these cases, an injured passenger may be advised to file a claim against

every

driver.

Why is this? Sometimes you can’t be certain which driver(s) will be held responsible for the accident. Be sure to get the insurance information for each driver involved in the accident.

Texas is a “modified comparative negligence” state, which means there is a possibility that responsibility for the accident will be assigned to more than one driver.

When this happens, Texas car accident law allows an injured passenger to collect compensation from more than one policy. Passengers might be able to obtain more remuneration this way than they could from only a single insurance policy.

Unfortunately, Texas auto accident settlement amounts offered by insurance companies are frequently far less than adequate to cover the pain and suffering of the passenger.

That’s where your car accident attorney comes in.

An attorney who is experienced in Texas accident laws can help you try to obtain an acceptable insurance settlement and, if need be, pursue litigation to maximize your payout.

The

Houston personal injury lawyers

at Johnson Garcia LLP handle a wide variety of personal injury cases, from automobile accidents to Jones Act claims. Working to provide legal assistance to persons harmed by the negligence of others, its team of attorneys has more than twenty-five combined years experience in personal injury law.

Johnson Garcia LLP

can be reached at 832-844-6700.

https://law.justia.com/cases/texas/third-court-of-appeals/1997/2836.html

Summary

In the state of Texas, a passenger injured in an automobile accident can claim compensation from the auto insurance policy of each driver responsible for the wreck, in accordance with the law of “modified comparative negligence.” Hiring a car accident attorney helps to obtain optimal outcomes in these cases.