Need for Insurance
In the best of circumstances when in an accident, you want both parties involved to have insurance. This helps keep the overall costs down for repairs and other incurred expenses. However, if you are an uninsured driver and are not at fault, you still have options in Texas (See Sec. 1952.107).
Texas is an at-fault state, which means the party who caused the accident is responsible for paying for the damages. If you are uninsured, this law helps you hold liable individuals responsible for an accident they caused. You should also know that Texas law requires a report to be made if an uninsured motorist is involved in an accident. It is also important not to even say “sorry” after the accident, as that can be used as evidence against you that you were at fault (How fault affects a Texas accident case).
If you do carry insurance, you should consider carrying uninsured motorist coverage. This will cover your costs should you be the victim of an uninsured motorist or a hit and run. Another option is coverage for an underinsured motorist, who may have limits on how much their insurance company will cover (Types of auto coverage).
What happens if you are an uninsured driver
Although Texas laws allow you to file a claim if you are an uninsured driver but not at fault, you may still have a difficult time collecting what you’re owed. Any claimant can file for damages to cover the costs to be recompensed for medical bills, pain and suffering, lost wages, property damage, and even wrongful death. However, you may have difficulty proving your case or you may be lowballed a settlement offer. If the case goes to court, you will need to show your evidence and the opposing party may use the fact that you do not have insurance against you (Texas accident laws).
It can also be difficult dealing with insurance companies. They will need irrefutable proof of your claim and may still not cover all of your expenses in dealing with the case.
Whether in court or dealing with insurance companies, if you are uninsured, it can be difficult to win a successful claim. This is mainly because you do not know all the factors of the law that may be at play in your case. If you are an uninsured person and were not at fault in an accident, you should absolutely seek the help of a lawyer.
How we can help
If you are an uninsured driver but believe the other party was at fault, you should reach out to our offices for assistance. On your own, it can be an uphill battle to prove your case, and even if you “win,” you may be offered a settlement less than what you would have received with the help of a lawyer. With our expertise, we can help assess what you are owed from an accident and help you organize your evidence for the best possible outcome for your case. Please allow us to help you through this difficult circumstance, and we will do our best to ensure that you receive the settlement that you deserve.
