The Three Types of Auto Accident Claims
If you've been involved in an automobile accident, or a motorcycle accident, or an accident with an eighteen wheeler, generally there's three types of claims to establish. 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 talking about liability, we're obviously referring to the at-fault party. In the context 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 in some cases 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 type of claims that we typically see in the context of an auto accident is first party claims. That's going to be underinsured motorist claims and uninsured motorist claims.
Obviously uninsured motorist claims are seen in the context of a hit and run accident, where a driver hits you and flees the scene. Requirement in Texas is that there be actual physical contact between the vehicles. An underinsured motorist claim may be available 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 primarily 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 reimbursement of your medical expenses and wages in the amount of twenty five hundred dollars. The only difference with med-pay, is that your insurance carrier will have a subrogation right if you have a recovery against the at-fault party.
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