Unfortunately, as many as 20% of Texas drivers are believed to be driving around without proper insurance. If you’ve been in an accident with an uninsured driver, it’s always a wise move to talk to an accident attorney in San Antonio, TX to find out more about your options.
From an Accident Attorney in San Antonio, TX: Can You File a Claim If the Other Driver Was Uninsured?
In Texas, the driver who causes an accident is responsible for covering the damages. Now, normally, their insurance would handle this, but since they’re uninsured, you’ll need to explore other ways to get the compensation you need. It can be challenging, but it’s not impossible, especially if you work with a qualified and experienced car accident lawyer. Click here to learn more.
Your Own Uninsured/Underinsured Motorist Coverage
The first claim you may want to make would be to your own policy if you have uninsured/underinsured motorist (UM/UIM) coverage. This coverage is specifically designed for situations like this, and it can help pay for medical bills, car and other property repairs, lost wages, and anything else that is specified in the policy. Texas law requires an insurance company to offer you this type of coverage, and you must specifically reject it in writing if you don’t want it. Therefore, there’s a high likelihood that you do have it. If your insurance company never offered it to you at all, then they are required by law to cover you as if you had it.
You may also have some other insurance you can turn to. For example, collision coverage on your car insurance would cover your vehicle repairs, no matter who is at fault. Obviously, if someone else was at fault and had insurance, your insurer would want them to pay first. But if they can’t, your insurance should pay up for this. Also, if you have personal injury protection (PIP), this should also cover you. Your insurance company might try to recover that money later from the uninsured driver, but that’s their problem to deal with.
Suing the Uninsured Driver
You can file a personal injury lawsuit against the uninsured driver to hold them accountable. Before you go this route, talk to a lawyer. The problem is that if someone doesn’t have insurance, that could be because they really don’t have much money or any assets. You can’t get blood from a stone.
If they don’t have the money to pay for your damages, suing them really won’t do you any good. Texas won’t allow you to take certain things from a person in a personal injury lawsuit, such as their family home, but if they have other property or valuable goods that are not protected as basic to living life, you may be able to get the court to compel them to sell it to settle your losses.
To find out what’s best for your situation, be sure to contact a local lawyer with experience in car accidents as quickly as you can.
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