While a car accident is already stressful, finding out the other driver has no insurance can make it worse. If you were hurt in a crash with an uninsured driver, you may wonder how to pay for your losses. The good news is you may still have ways to recover compensation, even if the at-fault party lacks insurance.
Texas insurance law provides several pathways to protect accident victims in these situations. Understanding what coverage your own policy includes can help you secure the financial recovery you need.
Understanding at-fault laws in Texas
Because Texas is an at-fault state, the person responsible for the crash is legally liable for damages. In addition, all drivers must carry a minimum of 30/60/25 liability coverage under the state’s Motor Vehicle Safety Responsibility Act. However, if an uninsured driver breaks the law, you cannot file a traditional third-party claim.
Leveraging your policy’s protection
Your own insurance policy may have UM coverage as an addition that can pay for your damages if the at-fault party cannot. In Texas, insurance companies must offer Uninsured/underinsured motorist (UM/UIM) coverage unless the policyholder explicitly rejects it in writing. If you still have UM protection, it can cover the following:
- Medical bills
- Pain and suffering
- Lost wages
- Property damage (subject to your deductible)
In case you no longer have UM coverage, you can utilize Personal Injury Protection (PIP) instead. This can pay for medical bills right away and some lost wages, no matter who was at fault for the crash. But PIP only covers immediate financial losses, while UM coverage can also pay for nonfinancial harm.
Can you sue the uninsured driver personally?
You can file a personal injury lawsuit against the driver. But if they cannot afford insurance, they may not have enough money or property to pay a court judgment. A lawyer can run an asset search to help you decide whether suing is worth it.
Ensuring your injuries are taken seriously
Getting hit by an uninsured driver is not always a dead end, but it can require a strategic approach to insurance claims. By acting fast to preserve important evidence and notifying your insurance provider about the accident immediately, you can preserve your right to a claim. You deserve adequate compensation to fully recover from this ordeal.