What to do if You are in a Car Accident with an Uninsured Motorist?

Texas law requires drivers to purchase an insurance policy that provides a certain amount of liability coverage. Unfortunately, not all motorists comply with this law, which can have severe consequences for others on the road and sustain injuries in an accident. It is still possible for car accident victims to recover compensation for their damages and losses in these cases, so if you were injured in a crash and do not have insurance or the at-fault party does not have liability coverage, it is essential to contact an experienced car accident attorney who can explain your legal options. More on this website

What Does Texas Law Require Drivers to Carry in Liability Coverage?

For drivers in Texas. The law requires all drivers to purchase and carry a liability insurance policy that provides at least the following:

At least $30,000 of coverage for injuries per person
Up to a total of $60,000 per accident
And $25,000 of coverage for property damage. This is called 30/60/25 coverage.
These types of policies compensate those who are injured as a result of the policyholder’s actions. However, these are only minimum requirements, so many drivers choose to purchase additional coverage to ensure that they are not held personally liable in the event of injuries in an accident.

What is Uninsured/Underinsured Motorist Coverage?

In addition to regular liability insurance, most insurers offer uninsured/underinsured motorist policies, which cover injured parties if a driver either does not have liability insurance or has a policy that does not cover the total cost of a victim’s damages, which is also referred to as being underinsured.

Specifically, uninsured motorist bodily injury coverage pays for injuries to the policyholder and anyone else in his or her car who is injured in an accident by an uninsured at-fault driver. Similarly, uninsured motorist property damage policies pay for damage to the insured’s car when involved in a collision with an uninsured driver. These policies are usually limited to $3,500 and only apply if the at-fault driver is identified. Finally, underinsured motorist policies cover certain costs for bodily injury to help supplement the at-fault party’s insurance if his or her coverage is not enough to pay for the damage.

Not all drivers carry uninsured/underinsured motorist policies, and those that do may still come up short if they sustain a severe injury in an accident, as most uninsured motorist policies have the same limits as the policyholder’s liability insurance. Even those who have uninsured policies and are injured by an uninsured driver could have to pay medical bills out of their pocket if the cost of treating their injuries exceeds these limits.

Fortunately, in these cases, and when an accident victim is injured by an uninsured driver and does not have uninsured/underinsured driver coverage, the injured party could still be eligible to recover damages by filing a claim against the at-fault party in court. However, it is essential to keep in mind that drivers with uninsured motorist coverage who are injured by an uninsured driver and who file a claim against the at-fault driver in court may not be eligible to recover compensation from the insurer under the policy or may be required to pay some of it back if they have already received a payment. These situations are complicated, so it is a good idea to speak with a car accident attorney at our Law Firm before taking any legal action.

Can I File a Lawsuit Against an Uninsured/Underinsured Driver?

In some cases, the only recourse for drivers who do not have uninsured/underinsured motorist coverage and who are struck by a motorist without insurance is to file a lawsuit against that person in court. Although they may be unable to recover the entire amount of their losses, this is often the only opportunity to collect compensation to cover the costs of:

Past and future medical bills for injuries sustained in the car accident;
Property damage from the car accident;
Lost wages; and
Loss of future income.
These types of damages, known as economic damages, are intended to help make a victim whole by covering all easily quantifiable losses. However, successful plaintiffs are also often eligible to recover non-economic damages, compensating accident victims for losses that are more difficult to put a price on, such as physical pain and suffering, emotional distress, and disfigurement. In Texas, there is no limit on the amount of non-economic damages a car accident victim can collect.

However, exceptions exist when a court refuses to award an injured party non-economic damages, even if the at-fault driver was insured. For instance, accident victims convicted of a DUI in connection with the same crash are not eligible for non-economic damages. Similarly, injured parties who were also driving or owned the vehicle involved in the collision, but were uninsured, cannot recover these damages. The only exception to this rule is in cases where the at-fault driver is also convicted of a DUI in connection with the collision. In these cases, uninsured drivers can collect compensation for pain and suffering.

Can I Recover Damages if I was Partly at Fault for the Car Accident?

Texas is a comparative negligence state. Under the Texas modified relative negligence standard, you can sue for damages even if you are partially at fault for an accident. However, if you are found to be more than 50% to blame for an accident, you cannot recover any damages.

If You Were Injured in a Car Accident, Contact the Legal Team at our Law Firm For a Free Consultation
Filing any car accident claim is often tricky when you haven’t done it before. This is doubly true when the at-fault party is also uninsured, so if you were injured in a collision with an uninsured or underinsured driver, you need the advice of car accident attorneys who can ensure your rights and interests are protected. Keep in mind that we don’t charge for the initial consultation. Please call or chat today to speak with one of the car accident attorneys at our Law Firm about your accident.