Can You Claim Against an Uninsured Driver? What to Do After an Accident With an Uninsured Driver in Texas
Table of Contents
Can you claim against an uninsured driver? Yes. If you were hit by an uninsured driver in Texas, you can file a claim under your own uninsured motorist coverage, use personal injury protection (PIP) to help pay medical bills right away, and sue the at-fault driver personally. In most cases, your own coverage is the most reliable way to recover compensation, because many uninsured drivers do not have the money to pay a judgment.
Allbee Law Firm’s Dallas car accident lawyers can help you sort out which coverage applies and pursue every source of payment available in claims involving uninsured motorists.
Your Options After an Accident With an Uninsured Driver
Liability insurance is required by law in Texas, but some uninsured motorists drive without it anyway. When one of them causes a car accident, several types of coverage may still help.
Uninsured Motorist Coverage
Uninsured motorist (UM) coverage is part of your own auto insurance policy. It pays for your injuries as if the other driver’s liability insurance paid, including medical bills, lost wages, and pain and suffering, up to your policy limits. Texas insurers must include this coverage in every auto insurance policy unless the policyholder rejects it in writing, so many drivers have it without realizing it.
Underinsured Motorist Coverage
If the other driver had insurance but not enough to cover your losses, underinsured motorist coverage may pay the difference, up to your own limits. Texas only requires $30,000 per person in bodily injury liability coverage, which is often far less than the cost of a serious injury.
Personal Injury Protection (PIP)
PIP pays medical bills and a portion of lost income no matter who caused the crash. It can help pay for treatment early in your claim, and in Texas your insurer cannot seek reimbursement for PIP from your injury settlement.
Medical Payments Coverage
Medical payments coverage also pays medical bills regardless of fault. Unlike PIP, MedPay is subrogable in Texas, which means your insurer can seek repayment from your settlement.
Coverage for Vehicle Damage
Damage to your car may be covered by uninsured motorist property damage coverage or your own collision coverage, depending on your auto insurance policy. Property damage claims are usually handled separately from your injury claim.
How an Uninsured Motorist Claim Works in Texas
Your Insurer Steps Into the Uninsured Driver’s Shoes
In an uninsured motorist claim, your own insurance company pays what the other driver’s liability insurance would have paid. That sounds simple, but it changes the relationship. Your insurer now has the same goal as any at-fault driver’s insurer: to pay as little as possible.
You Still Have to Prove Fault and Damages
To recover, you must show that the other driver caused the accident and prove the full extent of your damages. Texas insurers often will not pay uninsured motorist benefits until both are established, and in some cases that requires filing a lawsuit.
Why Allbee Law Firm Handles These Claims for You
Adjusters are trained to ask questions that can lower your claim’s value, and they can use recorded statements against you later if the case goes to trial. Allbee Law Firm handles all communication with insurance companies, including your own, so they can’t take your words out of context.
Can You Sue the At-Fault Driver?
Filing a Lawsuit Against an Uninsured Driver
Yes, you can file a lawsuit directly against the driver for your medical bills, lost wages, pain and suffering, and other losses. A lawsuit may also be necessary to establish fault and damages for your uninsured motorist claim.
Collecting a Judgment Can Be Difficult
Winning a judgment is different from collecting it. Many uninsured motorists have limited assets, and Texas law protects certain property, such as a homestead and most wages, from collection. That is why UM coverage is usually a more dependable source of recovery than the driver’s personal assets.
Consequences for the Uninsured Driver
Driving without insurance coverage is illegal in Texas, and motorists who fail to pay a judgment from a car accident can face consequences that affect their driving privileges. Those penalties may not put money in your pocket, but they can create pressure to resolve the claim.
Other Parties Who May Be Liable
The person behind the wheel is not always the only party responsible. If they were working when the crash happened, the employer’s commercial policy may apply. If they were using someone else’s vehicle, the owner’s insurance policies may provide coverage, or the owner may be liable for lending a car to an unsafe or unlicensed driver. Finding every responsible party can make a big difference in how much compensation is available.
What if You Rejected Uninsured Motorist Coverage?
If you signed a written rejection of uninsured and underinsured motorist coverage, you may not be able to file that type of insurance claim. Other options may still exist, including PIP, health insurance, claims against other liable parties, and a lawsuit against the person who caused the crash. It is also worth having a Dallas personal injury attorney review whether your rejection was properly signed, because an invalid rejection may mean the coverage still applies.
What to Do After Being Hit by an Uninsured Driver
At the Scene
Call 911 and make sure police come to the scene and file a report. The crash report helps prove who was at fault and confirms they were uninsured. Take photos, get the other motorist’s name, license, and vehicle information, and collect contact information from witnesses.
In the Days After
Get medical treatment as soon as possible, even if you feel okay, and keep records of every visit and bill. Do not give a recorded statement to any insurance company before speaking with an attorney.
Watch the Deadlines
Your auto insurance policy may have notice requirements for uninsured motorist claims, and Texas generally gives you two years from the date of the accident to sue the at-fault driver. Missing either deadline can put your claim at risk.
How a Personal Injury Attorney Can Help
A personal injury attorney can review your auto insurance policy to identify all applicable coverage, prove who was at fault, document the full value of your injuries, negotiate with your insurer, and file a lawsuit if needed. Allbee Law Firm handles uninsured motorist cases on a contingency fee basis, so you pay nothing upfront to have an attorney on your side.
Frequently Asked Questions About Claims Against Uninsured Drivers
What Happens if an Uninsured Driver Hits Me in Texas?
You can file a claim under your UM coverage, use PIP or MedPay for medical bills, and sue the at-fault driver. Your options depend on your policy’s coverage and whether other parties share responsibility.
Will My Insurance Pay if the Other Driver Has No Insurance?
If your policy includes UM coverage, it can pay for your injuries, lost wages, and pain and suffering up to your policy limits. PIP and collision coverage may also help.
Is It Worth Suing an Uninsured Driver?
Sometimes. A lawsuit may be needed to prove fault for your uninsured motorist claim, and some uninsured drivers have assets that can be collected. But collecting directly from uninsured motorists is often difficult, so your own coverage is usually the primary source of recovery.
Does Uninsured Motorist Coverage Cover a Hit-and-Run?
Generally, yes. Texas UM coverage usually applies when you can’t identify a hit-and-run accident driver, as long as there was actual physical contact with the fleeing vehicle.
Will My Rates Go Up if I File an Uninsured Motorist Claim?
Rate decisions depend on your insurer and your circumstances. Don’t let that concern keep you from using coverage you paid for when another driver caused the crash.
Talk to a Dallas Uninsured Motorist Accident Lawyer
When the person who hit you has no insurance, the path to compensation runs through your own policy, and your insurer will not make it easy. Allbee Law Firm will build your claim, deal with the adjusters, and push for every dollar your coverage allows. Call (972) 848-4848 to set up a free consultation.