Houston, TX asked in Personal Injury for Texas

Q: My insurance company just informed me that they determined I'm partly at fault - I can still get compensated, right?

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1 Lawyer Answer
Justin Charles Roberts
Justin Charles Roberts
  • Tyler, TX
  • Licensed in Texas

A: Without knowing more about your situation, the appropriate answer is that "it depends." The key thing to know is that Texas has adopted a "proportionate responsibility" scheme. What that means is that your compensation can be reduced by the percentage of fault that is attributed to you. So, if you should be compensated $10,000, but were found to be 40% at fault, you would only be legally entitled to recover $6,000 of that amount. However, if your percentage of responsibility is greater than 50 percent, you may not recover any damages under Texas law.

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