In a “fault state” like Texas, any at-fault driver in a wreck is supposed to pay the damages (e.g., medical bills, lost wages, property damage, pain and suffering) of anyone they injure. That’s why drivers are supposed to purchase car insurance that includes liability coverage.
Seems simple enough. But there are two big problems:
One, not all drivers follow the rules. According to the Texas Department of Transportation, as many as 1 in 5 Texas drivers are uninsured. Uninsured drivers have no coverage whatsoever to pay your damages, and are also more likely to flee the scene after a wreck.
Two, those who do have insurance coverage might not have enough to fully cover the injured party’s losses. In Texas you can legally drive with just $30,000 per person and $60,000 per crash in injury liability coverage. You don’t even have to be hurt all that badly to easily exceed that amount of medical bills.
If you’ve been hit by an uninsured or underinsured driver, contact a car accident lawyer at Crosley Law today for a free consultation. Depending on the circumstances, there may still be viable alternatives to obtaining a fair settlement and resolving outstanding medical expenses.
In this blog post, we’ll talk about what to do if you’re in a car accident and the other driver has no insurance (or not enough insurance). We’ll also discuss ways an experienced personal injury attorney can help, using examples from real Crosley Law cases.
What to do after a collision: first steps
There are a few basic things you should do after any motor vehicle accident regardless of the other driver’s insurance situation:
- If you can, move the vehicles to a safe place like a parking lot or road shoulder.
- Call the police, even if it’s a minor accident, so you have proper legal documentation of the crash.
- Call an ambulance if anyone seems injured.
- Obtain insurance information from the other driver, if possible. (Unfortunately, uninsured drivers are especially likely to flee the scene of an accident.)
- Document the incident with photos and written statements about what happened; be specific about vehicle damage and any injuries.
- Go to a doctor as soon as possible. This is important, not only so you obtain the necessary medical care, but also to document any symptoms and injuries attributable to the wreck.
- Contact a car accident lawyer as soon as possible (after getting any emergency treatment you might require) to discuss your legal options. Ideally do this before you speak with an insurance adjuster.
How do I get compensation if the at-fault driver is uninsured or underinsured?
When an accident with an uninsured driver occurs, there are a few potential paths to getting paid for your injuries and damage to property: file an uninsured driver claim against your own auto insurance, find other applicable sources of insurance coverage, or sue the uninsured driver directly.
Filing an uninsured driver claim
When you purchased your auto insurance, you were offered the option of purchasing uninsured and underinsured motorist coverage (UM/UIM). Although UM/UIM coverage isn’t required in Texas, insurance companies must offer it to their customers, and can only remove it from an insurance policy if the customer declines it in writing. So, you likely do have at least some coverage.
The purpose of UM/UIM coverage is to act as a “stand in” when the at-fault driver is uninsured, underinsured, or unidentified (as in a hit-and-run). Once their liability coverage runs out (if it even exists), your UM/UIM policy will cover any additional medical bills, lost wages, pain and suffering, and other losses you suffer. You can only file an uninsured motorist claim if the other driver is at fault.
When using your UM/UIM benefit, the claim process is typically the same as any other car accident claim in Texas, except if the claim is filed against your own insurance company. You should quickly notify your insurance company if you plan to file a UM/UIM claim. Many auto insurance companies place deadlines for notification and claims in order for them to be covered. This is especially important if you or your passengers were injured in the collision.
One other important thing to remember: even though it’s “your” insurance company, once you file a claim for uninsured motorist coverage, you are no longer on the “same side.” Do not expect any quicker or fairer treatment than you would get from an at-fault driver’s insurance company. We strongly urge you to speak with an experienced car accident attorney before you file a claim or talk with an insurance adjuster.
Identify other sources of insurance coverage
In some circumstances, other sources of insurance coverage may be available besides the at-fault driver’s liability coverage and your own UM/UIM insurance.
One potential scenario is that there is a third party who shares at least some of the responsibility for the crash. For example, if the uninsured driver had just left a restaurant after several alcoholic drinks and was clearly impaired, you might be able to file a claim against the restaurant. Or, if the crash was caused in part by a mechanical failure, you might have a claim against the automaker or equipment manufacturer.
You are likely also carrying some amount of either personal injury protection (PIP) or medical payments coverage (MedPay) in your own auto insurance policy. These policies will pay for certain damages up to your coverage limit, even if you were at fault for the crash.
Your car accident lawyer can help you identify any other liable parties or sources of coverage that might be available in your circumstances.
Suing an uninsured driver directly
Filing a personal injury lawsuit against an uninsured driver is a complex process and is rarely the best option. Few uninsured drivers have enough money or assets to cover your medical bills and other damages (if they did, they could likely afford insurance in the first place). Thus, getting adequate compensation for your injury and losses is not likely unless they are minor.
If a court determines that the uninsured driver does have enough money to pay you, a payment plan would be set up. Normally, the uninsured driver pays you small amounts of money weekly or monthly. If he or she discontinued paying on schedule, you would have to go back to court to start the process again. This is often a complex and time-consuming process.
The lesson? Make sure you’re carrying good insurance of your own
The best way to protect yourself from an uninsured driver, by far, is to make sure you purchase a significant amount of UM/UIM coverage ahead of time.
Every day in Texas, people are hurt in car wrecks that weren’t their fault. If it happens to you or someone you love, you don’t want your chance at fair financial compensation to be entirely determined by whether the negligent party bought enough liability insurance.
Yes, you will still need to win your claim. It won’t be easy. The insurance company might fight you. It may take time. But that’s a lot better than having no chance at all because there’s no coverage and no assets.
RELATED POST: Denied Uninsured/Underinsured Motorist Compensation? Here’s What You Can Do | Crosley Law
Can hiring an attorney help?
Hiring a car accident attorney as soon as possible after a crash can be particularly beneficial in cases with uninsured drivers. An experienced car accident attorney will have the knowledge and skills to navigate negotiations with the insurance company and work toward getting the settlement you need to pay your medical bills and fix your car. An attorney can help you find the best path forward for your unique situation.
Here are a few recent examples of clients we’ve been able to help in just the last couple of years:
Crosley Law Wins $1.95m for Injury Victim With No Vehicle Damage. This was a challenging case. Not only was the at-fault driver underinsured, but our client’s truck had no visible damage after the crash because the impact was centered on her trailer hitch.
Thankfully, our client had good UM/UIM coverage and Crosley Law was able to explain why a crash with no vehicle damage could still cause serious injuries. This case went to trial and the jury awarded Carla nearly $2 million in damages.
Crosley Law Wins $510k for Man with Lung Injury and Concussion. Our client Samuel suffered severe injuries after he was hit by a truck driver who blew through a red light. The at-fault driver only had the legal minimum $30,000 per person in liability coverage. But because Samuel had good UM/UIM coverage under his own car insurance policy, we were able to get him the compensation he deserved.
How Tom Crosley helped shape Texas law to help UM/UIM claimants
In 2021, Tom Crosley successfully argued Allstate v. Irwin in front of the Texas Supreme Court, earning a game-changing win for Texas accident victims.
In this case, the Supreme Court affirmed the lower court’s ruling that an insurance company (in this case Allstate) can be forced to pay attorney fees above and beyond the UM/UIM coverage limit if they lose their case in court.
Before Irwin, auto insurance companies could (and often did) simply refuse to pay legitimate claims, forcing crash victims to take them to court. The insurers had basically nothing to lose, and after court and attorney fees, crash victims often had little to gain. But now that insurance carriers risk having to pay not only full policy limits but also attorney fees for successful plaintiffs, they have much more pressure to make fair and reasonable offers.
Car Crash? Call Crosley
If you have been involved in an auto accident caused by an uninsured driver, you should speak with an experienced car accident attorney right away, especially if you or your passengers have sustained injuries. The attorneys at Crosley Law Firm are experienced in car wreck cases and are here for you.
Contact us today for a free case evaluation at 210-LAW-3000 or fill out our contact form to schedule a free consultation with us.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
