What Happens If You Are Hit By An Uninsured Driver?

The problem of uninsured drivers is a serious problem throughout the country, including in the state of Texas. Despite stringent laws mandating liability insurance for all drivers, many drivers in Texas drive on Texas roadways without any coverage. This can significantly complicate matters for those unfortunate enough to be involved in accidents with these uninsured drivers.

Understanding what steps you should take and what your rights are after this type of accident is critical to your recovery. For help with a related issue, don’t hesitate to contact The Callahan Law Firm to schedule a free consultation.

Understanding the Risks of Uninsured Drivers

Navigating the roads with uninsured drivers presents a significant risk, not just in Texas but across the nation. In Texas alone, 8.3% of drivers lack insurance coverage, a figure that is actually quite a bit lower than the national average of 13%. While the number is better in Texas than it is on average, this is still a major concern that threatens the safety and financial security of responsible drivers everywhere.

Legal Requirements for Auto Insurance in Texas

Texas law mandates specific minimums for auto insurance coverage to ensure that all drivers can bear the financial responsibility in the event of an accident. The required basic coverage, known as 30/60/25, includes:

$30,000 in liability coverage for each injured person,
Up to a total of $60,000 per accident, and
$25,000 for property damage per accident.

It’s important to note that while Texas law requires these minimums, uninsured/underinsured motorist coverage, although highly recommended, is not mandatory. Insurers must offer this coverage, but drivers have the option to decline it

What To Do if Hit by Uninsured Driver in Texas – Immediate Steps to Take

Being involved in an accident is stressful enough, but discovering that the other driver is uninsured adds an extra layer of complexity and concern. What happens when you’re hit by an uninsured driver and what should you do? Here are the immediate steps you should take to protect yourself in such situations:

Check for Injuries and Get Somewhere Safe
Contact the Police
Seek Medical Attention
Inform Your Insurer
Obtain Accident Report and Medical Records
Consult a Car Accident Attorney

Navigating the aftermath of an accident with an uninsured driver may seem overwhelming, but taking these immediate steps can significantly protect your rights and pave the way for securing the compensation you deserve.

Importance of Police Reports and Medical Documentation

The significance of obtaining a police report and securing medical documentation cannot be overstated. A police report lends credibility to your account of the incident and medical documentation is crucial for proving the extent of your injuries and is a key component in calculating appropriate compensation. Together, these documents form the backbone of your claim, ensuring you have the necessary evidence to support your case.

Special Considerations for Pedestrians Hit By Uninsured Drivers in Texas

Pedestrians hit by uninsured drivers in Texas face significant challenges, including immediate financial burdens and navigating complex legal landscapes. However, pedestrians have several legal avenues for relief. If a pedestrian is injured by an uninsured or underinsured driver and the pedestrian has their own car insurance coverage with underinsured or uninsured motorist coverage, this typically covers medical expenses and other losses from the accident.

Pedestrians Can File a Civil Lawsuit Against Uninsured Driver

Pedestrians may also be able to file a civil lawsuit against the uninsured driver to seek damages. While this option can lead to compensation for injuries and losses, collecting from an uninsured individual can be challenging, primarily due to the financial constraints of the at-fault party. Uninsured individuals often lack the necessary assets or financial resources to pay for the damages awarded by a court.

Even if a pedestrian wins the lawsuit and is granted compensation, the process of actually collecting the money can be complicated and sometimes fruitless if the uninsured driver does not have the means to fulfill the judgment.

Understanding Your Insurance Coverage

In Texas, navigating the complexities of auto insurance requires an understanding of the various types of coverage available. Here’s a brief overview of key coverages and how they function:

Uninsured Motorist (UM) Coverage

UM coverage is designed to protect you if you’re involved in an accident with a driver who does not have car insurance. This coverage steps in to cover medical expenses, lost wages, and property damage that the uninsured driver would have been responsible for.

Underinsured Motorist (UIM) Coverage

UIM coverage is used when the at-fault driver has insurance, but their policy limits are insufficient to cover your total damages. Like UM, UIM can help with medical costs, lost income, and property damage exceeding the at-fault driver’s coverage limits.

Collision Coverage

Collision coverage is for repairing or replacing your vehicle after an accident, regardless of who is at fault. This means if you’re hit by an uninsured driver, collision coverage can cover the damage to your car, minus your deductible.

Personal Injury Protection (PIP) Coverage

PIP coverage is no-fault insurance that covers medical expenses and a portion of lost wages, resulting from an accident. In Texas, PIP can offer immediate financial relief without requiring a determination of fault, making it particularly useful in accidents involving uninsured drivers.

Understanding these different types of coverage ensures you’re better prepared to handle the financial implications of being hit by an uninsured or underinsured driver.

Will Filing a Claim for an Accident With an Uninsured Driver Raise my Insurance Premiums?

So, you’re wondering “will my insurance go up if I get hit by an uninsured driver?” In Texas, insurance companies evaluate several factors when determining rate changes, including the driver’s claim history, the nature of the accident, and who was at fault. Unfortunately, Texas does not have specific legislation that prevents insurers from raising your premiums after an accident for which you were not at fault.

This means that even if you file a claim for an accident caused by an uninsured driver – a situation beyond your control – your insurance rates could still potentially increase. This unfortunately deters many drivers from filing a claim to recover compensation that they’re entitled to after an accident.

Seeking Compensation When The Driver is Uninsured

Navigating the aftermath of an accident with an uninsured driver involves understanding your options for compensation, which typically include filing an uninsured motorist claim with your insurance company and potentially pursuing a personal injury claim against the at-fault driver.

Filing an Uninsured Motorist Claim

Uninsured motorist coverage is a part of your auto insurance policy designed to protect you if you’re involved in an accident with a driver who lacks insurance. Here’s how to proceed with filing a UM claim:

Review Your Policy: Confirm that your policy includes UM coverage and understand the limits of that coverage.
File Promptly: Notify your insurance company about the accident and express your intention to file a UM claim. Be mindful of any time limits for filing.
Submit Documentation: Provide your insurer with the police report, medical records, proof of lost wages, and any other documentation that supports your claim.
Cooperate with Your Insurer: Your insurance company may require a statement or medical examination. Cooperate fully, but consider consulting an attorney to ensure your rights are protected. Don’t provide a recorded statement without talking to your lawyer first.
Settlement: Your insurer will assess the claim and negotiate a settlement. If you’re dissatisfied with the offer, you may have the option to negotiate further or pursue legal action against the driver.

When filing an uninsured motorist claim, always reach out to an experienced car accident lawyer first.

Pursuing a Personal Injury Claim Against the At-Fault Driver

If the uninsured driver is clearly at fault, you may consider a personal injury lawsuit to recover additional damages as well. Here’s what to consider:

Consult an Attorney: A personal injury attorney can evaluate your case’s viability, including recovering any awarded damages from the uninsured driver.
Filing the Lawsuit: Your attorney may file a lawsuit on your behalf, initiating the legal process against the at-fault driver.
Discovery and Negotiations: Both sides will exchange evidence in the discovery phase. Your attorney may attempt to negotiate a settlement with the at-fault driver during this time.
Trial: If a settlement cannot be reached, the case may go to trial, where a judge or jury will determine liability and damages.
Collecting Damages: Even if you win the case, collecting damages from an uninsured driver can be challenging. Your attorney may explore options such as garnishing wages or securing a lien against the driver’s property.

Combining an uninsured motorist claim with a personal injury lawsuit can maximize your chances of receiving comprehensive compensation for your injuries and losses. However, each case is unique, and the strategies for seeking compensation will depend on the specifics of your situation and the advice of your legal counsel.

The Role of a Lawyer in Uninsured Driver Accidents

When involved in an accident with an uninsured driver, securing legal advice and representation becomes essential. A lawyer plays a crucial role in guiding injured parties through the complex world of insurance claims and potential legal battles, ensuring their rights are protected and they receive fair compensation for their losses.

Ultimately, a lawyer’s experience is invaluable in navigating the claims process, particularly when dealing with an uninsured motorist scenario. Here’s how they can help:

Understanding Coverage: Lawyers can review your insurance policy to identify relevant coverages, such as uninsured motorist or underinsured motorist coverage, and explain the extent of your protection.
Filing Claims: They can assist in the timely and accurate filing of claims with your insurance company, ensuring all necessary documentation is completed correctly.
Calculating Damages: A lawyer assists in calculating damages by meticulously evaluating all losses and expenses incurred due to the accident. This includes compiling medical bills, estimating lost wages, and assessing pain and suffering to ensure every aspect of the injury’s impact is financially accounted for.
Negotiating with Insurers: Insurance companies generally try to minimize payouts by disputing liability or through other tactics. A lawyer can negotiate on your behalf to ensure the settlement offer adequately covers your damages and injuries.
File a Lawsuit: If you’re unable to come to an agreement with the insurance company on a fair settlement, your lawyer can initiate a lawsuit against the driver.

A lawyer’s role in uninsured driver accidents is critical, providing guidance through the claims process and ensuring injured parties receive the full compensation they are entitled to for their losses and suffering.

How Our Texas Car Accident Attorney Can Help You Get the Compensation You Deserve

Our Texas car accident attorneys are well-equipped to assist individuals dealing with the aftermath of car accidents, especially those involving uninsured drivers. By carefully evaluating damages, negotiating with insurance providers, and advocating for clients in court when needed, our legal team is focused on helping you secure the compensation you deserve.

We understand the complex nature of personal injury law and are dedicated to guiding you through every step of the claims process, ensuring your rights are protected.

If you need more information or wish to discuss your case further, please don’t hesitate to contact The Callahan Law Firm to speak to a car accident lawyer. Our team is ready to listen to your concerns, offer preliminary advice, and demonstrate how we can aid you in your pursuit of justice and compensation. Contact us today to schedule a free consultation.

FAQ:

Can I get compensated for my injuries if the at-fault driver is uninsured?

Yes, you can still get compensated for your injuries even if the at-fault driver is uninsured by filing a claim through your own uninsured motorist coverage or exploring other legal avenues for compensation.

What if I can’t afford legal fees to pursue a case against an uninsured driver?

If you’re worried about affording legal fees to pursue a case against an uninsured driver, consider that many personal injury lawyers offer their services on a contingency fee basis. This means you won’t have to pay upfront fees; instead, the lawyer will take a percentage of the settlement or award you receive if you win your case.