It is common for people to assume that insurance will take care of them if they end up involved in a major motor vehicle collision. After all, the big insurance carriers have massive marketing budgets and spend quite a bit developing their brands to appear helpful and even generous toward those who must file a claim.
People, therefore, sometimes make mistakes when dealing with the aftermath of major car crashes. They might assume, for example, that there will be enough coverage for all of their expenses or that a settlement the insurance company offers reflects their needs and not the company’s desire for profit. Even if the insurance company is cooperative, those who experience serious injuries after collisions may still find themselves needing (and deserving) more compensation, which might require that they pursue a lawsuit in civil court.
Insurance can’t fully compensate the severely injured
Every driver in Texas has to carry liability insurance to drive, but not everyone has enough insurance to actually offset their crash-related liability. When it comes to the injuries sustained in a crash, the average motorist might have as little as $30,000 in bodily injury liability coverage. If they hurt two or more people, that minimum coverage amount increases to $60,000.
For someone with a broken bone or a soft tissue injury, that might be enough compensation to cover both medical expenses and short-term lost wages. For those with brain injuries, spinal cord injuries or other lasting medical consequences, what insurance will pay may only be a fraction of their total financial losses. Unlike insurance coverage, which is subject to very strict policy limits, personal injury lawsuits can compensate someone for up to the full provable financial impact of their injuries. People can claim years of lost wages and the medical expenses associated with surgery, physical therapy and lengthy hospital stays.
Those who do go to court will generally need evidence illustrating the severity of their injuries and the nature of their financial losses, as well as their grounds for a lawsuit. Usually, there needs to be proof that either someone broke the law or did something obviously negligent while driving. Ultimately, understanding why litigation is sometimes necessary following a Texas car crash may help people to better cover their expenses following a collision.