What to do if you’re in an accident with an uninsured driver in Texas? Car accidents can happen to anyone in the state of Texas. And sometimes they happen because people without insurance caused the accident. Texas state law allows the person at fault for the accident to accept responsibility for any damages they inflicted on other drivers and pedestrians. That means if you were injured by an uninsured driver, you have options. It may be worth consulting with an experienced personal injury attorney like Adam Capetillo to go over your options.
1. Use Your Insurance
This seems like the immediate option. Anyone who suffers injury because of a car accident will probably favor this option. After all, what’s the point of having insurance if you don’t use it when you need it?
But while it seems the obvious choice, don’t be in a rush to engage your own insurance options. Normally, you would be requesting the insurance company of the at-fault driver to address any damages to yourself and/or your vehicle. As that’s not an option with uninsured drivers, that means you’ll be responsible for dealing with deductibles and co-pays through your own insurance company. Using your own insurance therefore may not seem fair as you are out some money!
2. Uninsured Motorist Insurance Claim
There are two parts to every automobile liability policy used in the state of Texas: uninsured motorist coverage and underinsured motorist coverage in an amount that matches the liability policy. If you have uninsured motorist coverage, you’ve got a chance of receiving a payment matching the liability policy.
Suppose your auto insurance policy carries a maximum payout amount of $50,000. In the event you suffer an accident with an uninsured driver, your uninsured motorist coverage allows you to file a claim with your insurer and get that maximum amount of $50,000.
Uninsured motorist coverage automatically occurs in Texas. Unless you specifically requested your insurance company to remove this coverage, you have that coverage. Though if you run into trouble with your insurance company, you may need an attorney to help get your fair compensation.
3. File A Lawsuit Against the Driver
Filing a lawsuit against the uninsured driver may be a good option especially if you have suffered extensive injuries with permanent disability or the need for long-term rehabilitation. It is important that your goal isn’t to sue as punishment for the uninsured driver but because you have a need to be compensated for medical costs, possible emotional damage, and loss of wages or livelihood. The focus should be on you and ways to provide you with the money to care for yourself and your loved ones because of the irresponsibility and negligence of the uninsured driver.
However, it’s important to find out the at-fault driver’s financial situation before hitting them with a lawsuit. If they don’t have the funds available to meet your lawsuit requests, you could end up spending more of your own money trying to get compensation from them.
To find out more, contact The Capetillo Law Firm today. Let us use our experience to help you handle your case with an uninsured traffic accident. Call us at 346-249-5544.
