What Compensation Will I Get If The Other Driver Is At Fault?

Car Accident Attorney

If you were in a car accident and the other driver was at fault, you may be entitled to different types of compensation for the losses you have incurred due to the accident.

Always remember that the form and amount of compensation you receive will be determined by various factors, such as the degree of property damage or the severity of personal injuries sustained.

Since each car accident situation is different, it is always good to speak with an experienced San Antonio Personal Injury Lawyer before accepting any settlement offer from the other driver or their insurance provider. Here is a quick rundown of the types of compensation you may be entitled to.

Damage to property

Accidents can cause significant damage to your car in addition to harming your body and mind. If another driver collides with your vehicle and is found to be at fault, your car is likely to be damaged, even if you can safely drive away from the accident.

Property damage compensation covers the costs of repairing the damage to the vehicle that occurred due to the accident.

You can get the compensation once the insurance company confirms with telematics fleet management company about your driving history to check whether it is your fault or not. 

In certain situations, the damage to your vehicle might be so severe that the costs of restoring it to its pre-accident condition will be greater than its remaining value.

Insurance companies call this an “absolute loss.” In this case, you could be awarded a cash sum equal to your car’s value before the accident.

Personal injury

Car accidents can result in injuries to the driver and passengers of a vehicle. In this case, the at-fault party may be liable for expenses related to a variety of personal injuries, including:

  1. Medical bills and other treatment expenses

In addition to property replacement, you may be entitled to compensation for any medical care you have had to treat injuries suffered in the crash, as well as any future treatment that has been determined to be medically appropriate.

You may be able to recover damages for treatment-related expenses such as:

  • Ambulance and EMT
  • Hospitalization
  • Surgical procedures 
  • Medication 
  • Medical equipment
  • Consultations with specialists
  • X-rays, MRIs, and other diagnostic testing
  • Physical therapy
  • Follow-up care, as well as other services

The amount you receive and how difficult the claim process will become are determined by the seriousness of your injuries.

If you were simply taken to a hospital for assessment and released within a few hours, the process would most likely be straightforward.

On the other hand, if you were seriously injured and had to stay in the hospital for several weeks, you can expect to have to fill out a lot of paperwork and wait an extended period for a response from the at-fault driver’s insurance provider.

  • Lost Wages

Compensation for lost income reimburses you for the wages you would have received if you had not been injured by the at-fault driver.

For example, if your injuries have stopped you from working for a month due to the nature of your injuries, you might be entitled to compensation for that month’s missed wages.

If your injuries are severe enough that you cannot return to work, you may be entitled to compensation for missed potential earnings.

  • Reduced earning ability

If your injury has caused a disability that has made it difficult for you to perform your work duties, it may affect your ability to earn money in the future. The

individual who caused your accident could be held liable for jeopardizing your financial security. You may be entitled to compensation for your decreased earning potential.

In general, you can be reimbursed for the difference between what you would have made before the accident and what you could expect to earn now in light of your physical or mental limitations.

  • Rehabilitation

You may need assistance in recovering from a severe injury. To get back on your feet, you might need the help of a physiotherapist or occupational therapist. A personal injury lawsuit can be used to recoup these expenses.

  • Additional Points to Consider

In many car accident cases, the at-fault driver’s insurance provider will cover your property damage and, if necessary, personal injury.

The amount of money you will obtain, however, may be limited by the at-fault driver’s insurance policy coverage limits.

You may be able to obtain compensation beyond the limits of the policy, usually if the accident was severe and the at-fault driver only carried the minimum liability coverage required by state law.

  • Emotional distress

Accidents can result in a variety of outcomes, including physical injuries. Car accident victims also experience a wide variety of emotional wounds as well. A claim of emotional distress is compensation for the following:

  • Anxiety, depression, and other mental issues
  • Suffering and pain
  • Scarring
  • Disfigurement

Receive the compensation that you rightfully deserve with the assistance of a Car Accident Attorney San Antonio. If you plan to file a claim for your loss and damages, we will help you get the money you are owed.

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