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Calhoun, Meredith, Sims Logo
05/15/2021

Auto accidents disrupt lives, create pain and worry, as well as unexpected expenses for medical care and repairing a wrecked car. Ideally, every accident victim should focus on getting better, knowing that their damages will be paid by the at-fault driver's insurance policy. In reality, 8.3% of drivers in Texas are on the roads are uninsured driver accidents. If you were involved in a car crash with an uninsured driver, you need to contact an experienced personal injury attorney at Calhoun, Meredith & Sims Law Firm to discuss your options to recover your damages.

Although your situation may appear hopeless, a skilled accident lawyer will be able to identify ways to help you recover at least a part of your financial losses. The same reasoning is applicable in the case of underinsured motorists - drivers whose insurance coverage limit is less than the estimated damages you incurred as a result of the auto accident injury.

What Are the Insurance Requirements in Texas?

The Texas Transportation Code stipulates that all drivers are required to hold one of the following types of motorist insurance coverage:

  • liability coverage insurance purchased from the auto insurance market
  • receipt for the deposit of $55,000 to the county judge in the county where the vehicle is registered
  • receipt for the deposit of minimum $55,000 to the comptroller
  • proof of self-insurance by owning at least 25 motor vehicles
  • proof of a surety bond with at least two sureties owning property in the state of Texas.

The minimum auto insurance coverage required for liability coverage is $30,000 for bodily injury coverage per person, $60,000 for bodily injury coverage per accident and $25,000 coverage for property damage..

Also, starting with 2005, the Insurance Code of Texas obliges insurance agents to offer uninsured motorist coverage (UM) and personal injury protection coverage (PIP) with liability insurance policies. These two options can only be waived in writing by the policyholder. As we will explain below, it is advisable to have these types of supplementary coverage. At the same time, you should consider purchasing adequate car insurance, both for yourself and for the situation when you may be responsible for a motor vehicle accident.

Who Pays for Damages in a Car Crash with Uninsured Driver Accidents

If the negligent driver responsible for your car crash does not meet at least the minimum insurance requirements, you have two main options:

  • file a claim with your insurance company, requesting uninsured motorist coverage compensation
  • file a personal injury lawsuit against the at-fault driver.

An experienced personal injury lawyer will help you identify the type of legal action for damages with the highest chances of success. Generally speaking, pursuing the responsible driver in court may not guarantee that you will be paid for your bodily injuries and property damage. A driver who does not afford the minimum auto insurance liability coverage may not own assets that can be seized to satisfy a judgment.

Also, according to Texas law, they may file for personal bankruptcy and the judgment you received in court is written off. However, not all drivers without valid liability policy are in this situation because they cannot afford it. Insurance policies may become void due to various violations of the rules, such as:

  • failing to pay a monthly premium
  • forgetting to add a new vehicle to the policy
  • entrusting the car to an excluded driver
  • road rage or other forms of intentional reckless driving.

An experienced lawyer will analyze your case carefully and make the best recommendation to hold the driver accountable for your severe injuries depending on all pertinent facts and circumstances.

Know What to Do After an Auto Accident with an Uninsured Driver

Leaving aside the other person's lack of financial responsibility for driving without insurance, your first thought after a car crash must be focused on getting medical help. You should call 9-1-1 and ask for the police to investigate the accident scene and prepare a report and for an ambulance to give you first aid and take you to a hospital..

Also, you need to notify your insurance company of the accident, even before you know whether the other driver has a form of insurance or not. Failure to report an accident may lead to significant increases of your monthly premiums.

Get All the Information You Can at the Crash Scene

Before the ambulance arrives, get the other drivers' contact details:

Texas Uninsured Driver Accidents

At the same time, collect photographic evidence of the collision, including your injuries, damage to your car, the position of the vehicles right after the accident and other potential relevant details (potholes, debris on the road, skid marks, etc.).

If there are any eyewitnesses to the accident, ask them to provide you with their contact details. If your insurance company is trying to deny your claim, the auto accident lawyer will get their statements to prove your case.

The Burden of Proof Rests with Your Insurance Carrier

After you file an uninsured car accident claim, you expect things to go smoothly. It is not an ideal situation, filing a claim against your own insurer, but  as the injured party you deserve fair compensation for your severe injuries, even if the negligent party is behind the wheel without insurance.

In reality, insurance companies are for-profit businesses and will do anything to reduce or even deny your claim. Even as a covered person who always paid their premiums on time, you will be stonewalled by the insurance company with various tactics, such as:

  • denying that you hold uninsured motorist coverage
  • demanding you to prove that the party responsible for the traffic accident does not hold insurance
  • claiming that you are mostly at fault for the accident, therefore you are not eligible to receive compensation.

Do not argue with them, because literally anything you say will be used against you. Instead, remind them that the burden of proof rests with them and that any further communications will be done by your experienced car accident lawyer..

How an Experienced Car Accident Lawyer Helps You Get the Fairest Compensation

A personal injury attorney will start by understanding the circumstances of the accident and getting relevant pieces of evidence. From the accident report to your medical records, the lawyer aims to:

  • identify the responsible party for the accident and their degree of fault
  • establish that they owed you a duty of care and breached their duty by causing the accident
  • indicate that you suffered injuries and damage to property as a direct result of the accident.

Since Texas uses the comparative fault rule, if you are found to be less than 50% at fault for the crash, you are entitled to receive compensation. If your insurance provider cannot prove that you waived uninsured motorist coverage and personal injury protection coverage, they will have to accept your claim.

Additionally, the lawyer will attempt to find out relevant details about the irresponsible driver, such as:

  • whether it is worthwhile pursuing a personal injury lawsuit against them
  • whether they were driving for job related purposes when the accident occurred.

If an uninsured driver was on the job at the time of the severe accidents, they employer may also be liable to pay you damages and cover your financial costs to recover from the accident.

Texas Uninsured Driver Accidents

Do Not Lose Hope - Experienced Accident Attorneys Can Help You Find Justice!

At Calhoun, Meredith & Sims Law Firm no case is too complex for us to handle. We always use creative methods to identify all liable parties and get the maximum limits of compensation for your financial damages. We believe that everyone owes duty of care to their fellow drivers and will do our best to hold them responsible for their actions.

We don't charge any fees until we win your case, so fill in the online form or call a skilled car accident lawyer now: 855-664-0273!

Consulta Gratis
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