An Uninsured Driver Hit Me in Texas. What Should I Do?
Car accidents happen more often than many realize, and the odds are exceptionally high in Texas. According to the Texas Department of Transportation, there were over 15,000 serious injury collisions across the state in a single year, resulting in more than 18,500 serious injuries. Unfortunately, some of these accidents involve drivers who do not carry the required auto insurance.
When an uninsured driver hits you, it can add another layer of stress to an already overwhelming situation. Texas law requires all drivers to carry minimum auto insurance, but this does not guarantee that every motorist on the road complies. Many Texas drivers are either uninsured or underinsured, making it difficult for those involved in an accident to recover compensation for their damages.
If an uninsured driver hits you, you’re likely unsure about what to do next. Our experienced Texas car accident attorneys at Francis Injury are here to help you understand your options and guide you through seeking compensation, whether through uninsured motorist coverage or other legal avenues.
What to Do After an Accident with an Uninsured Driver in Texas
If you’ve already received medical treatment and are now recovering at home or in the hospital, your focus is likely on how to get compensation for your injuries and losses. Dealing with and potentially suing an uninsured driver adds another layer of complexity, but you still have options for pursuing compensation.
- Notify Your Insurance Company: Since the other driver doesn’t have insurance, your uninsured motorist coverage (if you have it) could be your best route for recovering damages. Inform your insurance company about the accident, and they will guide you on filing a claim under this coverage.
- Gather Documentation: If you haven't already, collect all relevant records, such as medical bills, vehicle damage repair estimates, and police reports. These documents will be critical when negotiating with your insurance company or pursuing legal action.
- Consult with a Car Accident Lawyer: Even though your insurer may cover some of your losses, a car accident lawyer can help make sure you receive fair compensation. Insurance companies may try to minimize payouts, especially in uninsured driver cases. A lawyer can evaluate the full extent of your damages—like lost wages, pain and suffering, and future medical expenses—and negotiate on your behalf. They can also explore whether other parties might be liable, increasing your chances of recovering more compensation.
- Stay on Top of Your Recovery: While focusing on your physical recovery is essential, don’t delay addressing the financial side. The sooner you speak with a lawyer, the better your chances of building a strong case.
Your primary concern should be recovering physically, but getting proper legal guidance can help relieve the financial burdens of an accident involving an uninsured driver.
Uninsured and Underinsured Motorist Coverage in Texas
Texas requires drivers to carry liability insurance to cover bodily injury and property damage in case of an accident. However, there are still many drivers on Texas roads without insurance. This is where Uninsured/Underinsured Motorist (UM/UIM) coverage comes into play. While UM/UIM insurance is not required by law, it must be offered by insurance companies, and it can be invaluable if an uninsured driver hits you.
- Uninsured Motorist Coverage (UM): This coverage compensates you for damages when the at-fault driver has no insurance.
- Underinsured Motorist Coverage (UIM): This kicks in when the at-fault driver has insurance, but their coverage is insufficient to compensate you fully for your injuries or property damage.
For example, if the other driver only carries the minimum required $30,000 in liability insurance, but your medical bills total $50,000, your underinsured motorist coverage could help cover the additional costs.
Texas Minimum Auto Insurance Requirements
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury (if multiple people are injured)
- $25,000 for property damage
While these minimums might seem sufficient, medical bills and property damage from a serious accident can quickly surpass these amounts. Without adequate UM/UIM coverage, you could be left covering the difference out of pocket if the at-fault driver’s car insurance isn’t enough to cover your losses in an auto accident.
Filing an Uninsured Motorist Claim
If you have uninsured motorist coverage, your first step after an accident with an uninsured driver is to file a claim with your insurance company. Here’s how the process works.
- Submit a Claim to Your Insurance Provider: Provide your insurer with the necessary documentation, such as the police report, accident scene photos, medical bills, and repair estimates.
- Investigate and Evaluate Damages: Your insurance company will investigate the accident, determine the extent of your damages, and assess how much they owe you under your policy.
- Negotiate the Settlement: Insurance companies often attempt to settle claims for less than they are worth. It’s important to have a car accident lawyer who can advocate for you during negotiations, ensuring you receive the compensation you deserve.
- File a Lawsuit, if Necessary: If your insurer does not offer a fair settlement, you may need to pursue legal action to recover the maximum amount of your damages.
Complicated Factors in Uninsured Motorist Claims
These claims can still become complicated even if you have uninsured motorist coverage. Insurance companies may dispute your damages, or there may be specific procedural requirements, such as notice periods and statute of limitations issues, that need to be met. Working with an experienced car accident attorney can help you navigate these complexities and ensure you don’t miss any critical deadlines.
Additional Coverage Options: Personal Injury Protection (PIP)
Another valuable coverage option is Personal Injury Protection (PIP), which can help cover medical expenses, lost wages, and other costs regardless of who is at fault for the accident. PIP is an optional coverage that can be particularly helpful when dealing with an uninsured driver, as it provides immediate funds for medical treatment and other necessary expenses.
What Happens if the Uninsured Driver is Sued?
In some cases, you may be able to sue the uninsured driver directly. However, many uninsured drivers lack the financial resources to cover the damages they cause, so pursuing compensation through your own uninsured motorist coverage is often the best route. If your insurer denies your claim or does not offer adequate compensation, a car accident attorney can help you explore your legal options, including a potential lawsuit.
Why You Need a Texas Car Accident Lawyer
- Investigate the Accident: Collect evidence such as medical records, police reports, and witness statements to support your claim.
- Handle Insurance Companies: Ensure that your insurer treats you fairly and pays you the compensation you are entitled to under your policy.
- Maximize Your Compensation: Advocate for full compensation for your medical bills, lost wages, pain and suffering, and other damages.
At Francis Injury, we understand how stressful it can be to deal with insurance companies, especially when an uninsured driver has hit you. Our team of Texas car accident attorneys is committed to guiding you through the process and helping you recover the compensation you deserve.
Contact a Texas Car Accident Lawyer Today
If an uninsured driver has injured you, don’t wait to take action. Contact Francis Injury. Car & Truck Accident Lawyers today for a free consultation. We’ll review your case, explain your options, and confidently help you move forward. Call us at (817) 329-9001 or reach out online to get started.