Texas has enacted several different types of laws that place limits on property damage claims. One of the aspects of Texas law that you should be familiar with is that of tort law. These types of laws allow citizens to seek financial compensation.
Texas tort law includes the following:
Statutory Limits: This tort law requires that the claimant is able to legally prove that they have suffered financial damage. The claim must be filed within two years of the date that the incident occurred. The time limit may be extended if the claimant was not in the state of Texas for a prolonged amount of time or was physically unable to make a claim.
Comparative Negligence: This legal rule states that the party who suffered the damage cannot receive compensation if they were 51 percent or more responsible for the loss that occurred. This law was designed with the intention that the parties which are mostly at fault will not benefit from accidents that they had the ability to prevent.
The Texas Tort Claims Act: This law allows citizens to file damage claims against the government. Many states do not permit private citizens to seek compensation from government agencies for losses that they have suffered.
Are There Insurance Policy Limits in Texas?
An insurance policy limit is the designated maximum amount that the insurer is bound to pay for damages in relation to an event covered by a policy. This is the case even if the actual amount of the damage exceeds the limit outlined in the policy.
The minimum policy limit required for a driver in terms of an auto policy in Texas is 30,000 per person and 60,000 per accident for personal injury damages. The minimum limit for property damage is 25,000.
Take, for example, an individual who carries a minimum liability insurance policy and is found to be at fault for causing a wreck and the damages exceed the amount specified in the policy limits. The owners of the damaged property who experienced a loss would only be permitted to collect the minimum policy limits from the insurance company of the individual at fault.
These laws may seem to be at least unfair but also very confusing. If you need assistance with a claim or understanding the limits written into insurance policies, please contact our law firm by calling 877-890-6372 and ask to schedule a free consultation with one of our highly qualified claims attorneys.
Can I File a Property Damage Claim in Texas After the Deadline For the Statute of Limitations Has Passed?
In most situations, if you file a property damage claim after the deadline for the statute of limitations has passed, the other party will, in all likelihood, file a motion to have the case dismissed.
In nearly all instances such as this, the court grants the motion, and the case is dismissed. Consequently, this means that you have no other legal options available in trying to recover compensation for your damages or losses.
Why Should I Hire an Attorney to Help Me With a Property Damage Claim?
Property insurance claims, by nature, can be extremely difficult to deal with on your own. You need an experienced legal representative to assist you in reviewing your potential claim, filling out the paperwork correctly, and standing up to the insurance company should the need arise.
Our attorneys are more than happy to assist you in recovering the compensation that you deserve for your loss or damage that has been suffered. Call our law offices today at 877-890-6372 and schedule a free consultation and claim review.
