Hit By An Uninsured Driver: What Now?
Were you hit by an uninsured driver in Texas? In Texas, you have the right to hold that driver accountable for any damages you suffer. Unfortunately, people often feel that it’s impossible to attain the compensation they need after an accident with an uninsured motorist.
Luckily, with an experienced car accident attorney on your side, you have an advocate to protect your future. When you partner with a local personal injury law firm, they help you explore your options.
In many of these cases, there are three options to recover funds. Whether you need to cover lost wages, pay medical bills, have your vehicle repaired, or all of the above, it’s essential to remember your options.
- Rely on your own health insurance and pay anything else out of pocket.
- File an accident claim with your uninsured motorist coverage.
- Work with an attorney to file a lawsuit against the person driving without insurance.
Is It Okay to Rely On My Own Insurance?
Generally speaking, this is the least favorable option. Typically, it leaves people paying too much out of pocket after they are hit by an uninsured driver. Consider the costs this leaves you with.
- Lost wages
- Physical therapy
- Other relevant expenses, including rideshare services
Oftentimes, this drains people’s savings accounts or sends them into debt.
When you work with an auto accident attorney, they strive to help you avoid this situation. With legal representation, you have someone to investigate all of your options. From there, they work in your best interest.
Trust your attorney to find the best possible solution to provide compensation that covers your damages.
If I Was Hit By an Uninsured Driver, Can I File a Claim with My Car Insurance?
Per Texas law, you have the option to opt-out of uninsured motorist coverage. However, this requires that you follow a specific process and submit forms to your insurance company. Generally, people do not take this step.
As such, most people have some level of uninsured motorist coverage. Because the state requires it, people often don’t realize they have this policy, though.
In Texas, every car insurance policies automatically include both uninsured and underinsured motorist coverage. This coverage equals an amount level with the liability policy. Even when someone carries the state minimum in auto liability insurance, they have the option to file a claim.
Because the minimum sits at $30,000, that means you have the potential to recover up to $30,000 after a collision with an uninsured driver. When you carry a larger policy, your coverage for uninsured motorists also increases.
Not sure about your coverage? Our car accident attorneys have the experience necessary to handle your claim. When you want to use your UI policy, we take the following steps.
- Analyze your insurance policy to confirm your options.
- Investigate the accident with the uninsured driver.
- Prove negligence and liability.
- File a claim with documentation of your damages.
- Negotiate a settlement with your insurance provider.
An Uninsured Motorist Hit My Car!
If you were hit by an uninsured driver, it’s essential to remember that you have options. One option is to file a personal injury lawsuit. In some cases, personal injury attorneys recover significant compensation in lawsuits against uninsured drivers.
When you take someone before a judge and jury, you have the option to have others hear your story. However, this isn’t the best option for every case. It depends on several factors.
So, when is it worthwhile to sue an uninsured motorist?
In some situations, careless drivers allow their insurance to lapse. However, they may still have the funds to cover your compensation. When this happens, litigation is an option to consider.
Unfortunately, it’s far more common for drivers to lose their insurance because they don’t have the money.
Still, they are liable for your damages. The problem in this situation is that even after court orders, you might never see a payout. For this reason, it’s a good idea to partner with a motor vehicle accident attorney.
Then, you have an advocate to investigate the liable party and see whether a lawsuit is the best option.
Hit By an Uninsured Driver: Dos and Don’ts
Let’s look at a particular situation.
You sit at a stoplight, waiting for it to turn green. Suddenly, another vehicle hits you from behind. You feel some serious whiplash and know there’s damage to your vehicle. Next, you pull over to assess the damage and talk to the other driver.
Unfortunately, your trunk is smashed. Moreover, you know it’s essential to seek medical attention after any car accident. When you look at the at-fault driver, you sense some panic from them. As you ask for their information, they tell you that they have no insurance…
What do you do? Here are a few simple steps to follow when you are hit by an uninsured driver.
Call the Police
After a car collision, it’s crucial to call the police. This is true regardless of whether the other driver has insurance. However, it’s especially beneficial when you are hit by an uninsured driver.
This is because the accident report helps make the claims process smoother. Furthermore, it helps you ensure you receive the compensation you deserve.
Don’t Accept Money from Them
When an uninsured driver causes an accident, they potentially face some hefty fines. As such, they may try to offer you money directly to avoid legal trouble. However, you have no idea how extensive your injuries and damages are at this point.
Moreover, you have no idea how much any of it costs down the road. Even when the offer seems great, it’s a better idea to hold off.
Swap Contact Information
While they don’t have insurance information to share, it’s important to gather the basic details. Get the driver’s contact information and take notes about their vehicle. Additionally, ask any witnesses for contact information.
Statements from witnesses have the potential to benefit your claim.
Gather Additional Details
- Note the make and model of all vehicles involved.
- Jot down the time and location of the incident.
- Take note of the responding officer’s name and badge number.
- Write down any other details that feel important. For instance, nearby stores that may have security footage.
Document the Scene
Photos and videos help in any accident claim. Take pictures of the damage to both vehicles. Moreover, get a shot of the other driver’s license plate as well as any traffic signs in the vicinity.
These details are essential when you file a claim.
Hit By an Uninsured Driver? Call a Personal Injury Lawyer
If you were hit by an uninsured driver, it’s hard to know what to do. While we try to lay out the options, it often depends on your situation. It’s not easy to see which option offers the most compensation.
Here are a few factors to consider in your decision. These variables help your attorney guide you through the process.
- Circumstances of the accident
- The facts of the case
- Severity of injuries
- Types of damages involved
When you aren’t sure what to do, your personal injury attorney looks at the facts of your claim and helps you understand your options. As they work to investigate your claim, here’s how they benefit you.
- Determine your level of uninsured motorist coverage
- Manage the insurance claims process
- Decide whether a lawsuit is sensible or viable
- Consider other liable parties
- Explore additional options for compensation
When you are hit by an uninsured driver, you need an advocate on your side. Schedule a free case evaluation with your car accident lawyer today.