When you have been involved in an automobile accident,
or a motorcycle accident, or an accident with an eighteen wheeler, generally there’s 3
types of claims to determine. The first would be any and all liability claims, the second is going to be potential first part claims, and the third deals with what we generally
call no-fault coverage. Let’s start with liability claims. When we’re speaking about liability,
we’re obviously referring to the at-fault party.
Inside the framework of an automobile collision,
that would be the negligent driver. Remember though, you may also have a liability cause
of action against the driver’s employer. If the driver was in the course and scope of his
or her employment. And sometimes you may even have a liability claim against the vehicles owner, if the owner of the vehicle negligently entrusted it to the driver.
The other kind of claims that
we typically see in the context of an automobile accident is first party claims. That’s going
to be underinsured motorist claims and uninsured motorist says. Obviously uninsured motorist
claims are seen in the context of a hit and run accident, where a driver hits you and
flees the picture. Requirement in Texas is that there be actual physical contact between the
An underinsured motorist claim may be accessible if your damages exceed the at-fault
party’s liability limits. The final type of claim that we typically see in the context
of an auto collision is a no-fault claim, which is generally personal injury protection
and med-pay. What we commonly refer to as PIP benefits, or something you carry on your
own policy as a no-fault coverage, that generally entitles you to compensation of your medical
expenses and wages in the amount of twenty five hundred dollars. The only difference
with med-pay, is that your insurance transporter will have a subrogation right if you have
a recovery against the at-fault party..