Although Texas has strict auto insurance requirements, not everyone adheres to them. In fact, research suggests that 14.5 percent of drivers in the Lone Star State are uninsured.
If you get into an accident with one of these uninsured drivers, it can make it difficult for you to recover compensation for your medical bills, lost wages, and pain and suffering. After all, the at-fault party is typically responsible for crash-related damages.
While the process of getting compensation can be more challenging, you’re not without options.
Here’s what you should do after a car accident with an uninsured motorist in Round Rock and throughout Texas.
Call the Police, Document the Crash, and Evaluate Insurance Coverage
It’s essential to report the accident to the local police department and document the crash to the best of your ability.
If you learn that the at-fault driver or another party involved in the crash is uninsured, make sure you notify the police and get their name and contact information. Just because they don’t have insurance does not mean that they can’t be held accountable for your injuries, costs, and suffering.
If there are witnesses to the crash, gather their statements and contact information, too. Witness testimony can be very helpful in establishing that the uninsured driver is at least partly responsible, if not fully to blame, for your car accident.
Evaluate Your Options For Getting Compensation for Your Car Accident Injuries
The other driver lacks insurance coverage. At a minimum, their policy could have helped to offset up to $30,000 per person and $60,000 per accident in bodily injury costs and up to $25,000 in property damage. Since they’re uninsured, you’ll have to consider other options.
These might include:
Personal Injury Protection (PIP) Benefits
When you bought your car insurance policy, the insurer was required to offer you something called Personal Injury Protection, or PIP, benefits. Your liability coverage protects other people who are injured in a car accident with you. PIP benefits can be used to pay for your medical bills and offset your lost income after a crash, even if you weren’t to blame.
While PIP benefits aren’t mandatory, you do have to reject them in writing. If you added PIP coverage to your auto insurance policy, you can file a claim for these benefits after an accident with an uninsured driver. They can help to mitigate many of your costs, especially if your injuries aren’t catastrophic.
Uninsured Motorist (UM) Benefits
Texas insurance providers are also required to offer uninsured and underinsured motorist coverage when you buy a car insurance policy. Uninsured motorist coverage, or UM, can help when you get into an accident with a driver who lacks coverage. Your UM policy can take the place of the benefits the uninsured driver should have had to protect you.
Underinsured motorist coverage, or UIM, can help when your injuries and damages exceed another driver’s policy limits. Depending on your policy, it might be possible to stack your UM and UIM benefits to cover your costs after an accident with an uninsured driver.
Like PIP benefits, you don’t have to add UM or UIM coverage to your policy. However, it is highly encouraged and must be rejected in writing.
Health Insurance
If you have health insurance, many of your crash-related medical bills might be covered under your policy. However, you’ll have to navigate out-of-pocket expenses, deductibles, and other challenges when you go through health insurance. At a minimum, it can alleviate some of the immediate financial burdens you experience because of your car accident.
The good news is that you can potentially seek reimbursement for your out-of-pocket costs by filing a claim against the uninsured driver or another responsible party.
Can I Sue an Uninsured Driver for Damages in Texas?
Yes. The uninsured driver might not have car insurance, but if they caused your car accident, they’re still legally responsible for your damages.
However, it’s important to keep in mind that even if you win your personal injury lawsuit against them, the uninsured driver might not have the funds to pay your damages. Their limited finances may have been the reason they were uninsured in the first place. So, even if you win your case, you might be hard-pressed to recover compensation from them.
Filing a lawsuit against someone can also be a big undertaking. It takes time to move through the litigation process, and you’ll need resources to support your claim. You’ll need to weigh the pros and cons of filing a lawsuit against the uninsured driver to decide if it’s the right move for you.
There might also be situations where the uninsured driver isn’t the only one who’s responsible for causing a car accident. In Texas, anyone who contributes to a car accident can be liable for damages. So, while one at-fault party might be uninsured, another might not be.
You can pursue compensation from a party to the degree they bear responsibility for your accident. This can help you secure some compensation for your injuries, perhaps in addition to any benefits you can obtain from your own insurance company.
Our Round Rock Uninsured Motorist Claim Lawyers Can Help You Fight for Compensation
Car accidents in Round Rock are stressful enough without having to worry about how to get compensation because one of the responsible parties was uninsured. Fortunately, there are often several ways to recover damages so that you’re not forced to navigate the burdens of a collision on your own.
The best way to explore your options and recover a substantial monetary award is by hiring an experienced Round Rock injury lawyer to fight for you. Crash victims and families in Round Rock turn to Dow Law Firm because we’re reliable, honest, and successful legal advocates with a multi-million dollar track record of success.
Call us at (512) 240-9951 or complete our contact form to speak with one of our Round Rock uninsured motorist claim attorneys about your case. There’s no charge for your initial case review, so reach out for assistance today.