How Insurance Affects Your Personal Injury Claim

Navigating a personal injury claim in Dallas-Fort Worth isn’t just about proving who was at fault—it’s also about understanding how insurance plays into the equation. Whether you’re dealing with your own insurance company or the at-fault party’s insurer, these policies can significantly impact your compensation. Here’s what you need to know to protect your rights and maximize your claim.

How Texas Insurance Laws Impact Your Claim

Texas operates under a fault-based insurance system, meaning the person responsible for your injuries is also responsible for paying for damages. However, this doesn’t mean getting fair compensation is easy. Insurance companies often try to minimize payouts by disputing claims, delaying settlements, or offering lowball offers.

Additionally, Texas follows a modified comparative fault rule, meaning if you are found to be more than 50% responsible for an accident, you may not be eligible for compensation. Even if you’re only partially at fault, your settlement could be reduced based on your level of responsibility.

Personal Injury Protection (PIP) and Medical Payments Coverage (MedPay)

In Texas, auto insurance providers must offer Personal Injury Protection (PIP), though you can reject it in writing. PIP covers medical expenses and lost wages, regardless of fault, making it an essential safeguard after an accident.

MedPay is another optional coverage that helps pay medical bills but doesn’t cover lost wages like PIP. Unlike PIP, MedPay requires you to repay your insurer if you receive compensation from the at-fault party.

Health Insurance and Subrogation: What You Need to Know

If you use health insurance to cover medical bills from an accident, your insurer may have the right to recover those costs from any settlement you receive. This process, called subrogation, can reduce your final payout. Understanding how much your health insurance provider may claim can help you negotiate a settlement that truly covers your expenses.

Dealing with the At-Fault Party’s Insurance

The at-fault driver’s liability insurance is supposed to cover your medical bills, lost wages, and other damages. However, their insurer may attempt to:

• Deny liability: Claiming their policyholder wasn’t at fault
• Minimize your injuries: Arguing that your injuries aren’t as severe as you claim
• Offer a lowball settlement: Hoping you’ll accept less than you deserve

Insurance adjusters often use tactics to reduce payouts, which is why it’s crucial to avoid giving recorded statements or signing any agreements without legal guidance.

What If the At-Fault Driver Is Uninsured or Underinsured?

Not everyone in Texas carries sufficient insurance. If the at-fault driver is uninsured or underinsured, your best option may be to file a claim under Uninsured/Underinsured Motorist (UM/UIM) coverage—an optional policy that protects you in these situations.

If you don’t have UM/UIM coverage, you may need to file a personal injury lawsuit against the at-fault driver, though collecting damages can be difficult if they lack financial resources.

Maximizing Your Personal Injury Settlement in Texas

To ensure you receive the compensation you deserve, follow these steps:

• Seek medical treatment immediately – Delaying care can weaken your claim.
• Document everything – Keep records of medical bills, lost wages, and any communication with insurance companies.
• Be cautious with insurance adjusters – They may use your statements against you.
• Consult a personal injury attorney – An experienced lawyer can negotiate with insurers and fight for your rights.

Insurance plays a massive role in determining the outcome of your personal injury claim in Dallas-Fort Worth. Whether it’s dealing with your own insurance company, the at-fault party’s provider, or understanding coverage options like PIP and UM/UIM, knowing how these policies affect your case can make all the difference. If you’re facing pushback from insurance companies, consulting with a personal injury attorney can help you navigate the complexities and secure the compensation you deserve.

If you are involved in a car accident, contact the professionals at Reynolds & Reynolds. We can help you through the details of your accident, so contact our attorneys here or call (972) 684-5011 to speak with someone today. Follow us on Facebook for updates and legal tips, and contact Reynolds & Reynolds to discuss your case.