Car accidents and the aftermath that follows are stressful enough, but when you discover the driver who hit you doesn’t have auto insurance, the situation becomes even more complicated. Unfortunately, encountering an uninsured driver in Texas is not rare. According to the Texas Department of Motor Vehicles, around 20% of drivers in Texas are uninsured. With a one-in-five chance of getting into a car accident with an uninsured driver on the roads of Texas, it is important to know your rights and options today in case you get into an uninsured motorist accident one day.
Understanding Legal Obligations for Drivers in Texas
Texas law requires all drivers to carry liability auto insurance to cover injuries and damages they might cause in an accident.
The minimum required liability coverage for auto insurance in Texas includes:
- $30,000 per injured person
- $60,000 per accident (if multiple people are injured)
- $25,000 for property damage
Despite this legal obligation, many drivers fail to maintain insurance coverage. Drivers who do not have insurance in Texas can face penalties, including fines, license suspension, and impoundment of their vehicle. However, these penalties don’t compensate the victims of accidents caused by uninsured drivers, leaving injured parties in a difficult position.
Steps to Take Immediately After an Accident with an Uninsured Driver
If you’ve been injured in an accident caused by an uninsured driver, try to follow these steps:
- Prioritize safety: Prioritize your health and the safety of others at the scene. Call 911 if someone has been injured or if the crash left debris on the road that could endanger other drivers.
- Call the police: If you learn that the other driver has no insurance, call the police immediately if you did not already call 911. The police can make a report of the situation and determine how to deal with the uninsured motorist.
- Gather evidence: Take photos of the scene, vehicle damage, and any visible injuries. Collect contact information from witnesses and the uninsured driver. Even though they lack insurance, acquiring their personal and vehicle details is necessary.
- Notify your insurance company: You will need to contact your auto insurance provider soon after the accident, but you don’t need to go into many details initially, other than mentioning that the other driver did not have insurance. If you are worried about saying the wrong thing to the insurance company, you should consider first calling a local car accident lawyer for counsel.
How to Pursue Damages After an Uninsured Motorist Accident
Your options to pursue damages after an uninsured motorist hits you could include:
- Uninsured/Underinsured Motorist (UM/UIM) coverage: If you carry UM/UIM coverage as part of your auto insurance policy, it can step in when the at-fault driver has no insurance or insufficient limits to cover your losses. UM/UIM can cover medical bills, lost wages, and even non-economic damages related to pain and suffering. Since this coverage isn’t mandatory, it’s crucial to check your policy to see if you have it.
- Personal Injury Protection (PIP) insurance: PIP coverage is designed to cover your medical expenses and a portion of lost income, regardless of who’s at fault for a car accident, which means it should be usable if an uninsured motorist hits you.
- Legal action directly against the uninsured driver: Although the uninsured driver may not have the financial resources to cover your damages, you should at least talk with your attorney about filing an injury claim against them. Pursuing a personal injury lawsuit can potentially provide compensation for medical bills, property damage, and other losses. After all, it isn’t fair for you to foot the bill for an accident that someone else caused.
Get an Attorney’s Help After an Uninsured Motorist Accident
Overall, the processes that can follow an uninsured motorist accident in Texas can be complicated and overwhelming, especially if you are trying to recover from a serious injury. To simplify things and give yourself a chance to rest, you should talk to an uninsured motorist accident attorney in your area soon after the crash.
With a skilled attorney at your side, they can help you with:
- Understanding your insurance options and filing a claim
- Deciding if a lawsuit against the at-fault driver is worth pursuing
- Determining how much compensation you should be provided
- Feeling more confident about your options by providing moral support
If you’ve been injured in an accident caused by an uninsured driver anywhere in Texas, please know that the trial lawyers of Hilliard Law can help you make sense of your situation. Having been founded in 1985, we have nearly 40 years of practice experience focused on injury claims. Our hard work, reputations, and case results have earned our attorneys dozens of selections to Super Lawyers® and Rising Stars℠ throughout the years, too. In other words, when you have a case as complicated as one involving an uninsured driver, you can count on us to see you through it.
Call (866) 927-3420 to learn more about our legal team or to request a free case consultation.