What if the Other Driver Doesn’t Have Insurance?

Texas follows a fault-based system for car accident claims. What does that mean for you if someone causes a collision in Houston? It means that the at-fault driver can be held liable for your pain, suffering, and monetary losses. However, what happens if that individual is uninsured? 

You may have a few options for financial recovery. You should work with an attorney to increase your chance of securing compensation for your losses. 

Table of Contents

• Texas Auto Insurance Requirements
• The Insurance Claims Process After an Auto Accident in Texas
• Proving Fault in a Texas Uninsured Motorist Claim
• Filing an Uninsured Motorist Claim After a Car Accident in Houston, TX
• What Happens if I’m Partially to Blame for Causing a Car Accident With an Uninsured Driver?
• Contact Our Undefeated Houston Car Accident Lawyers For Help After a Crash With an Uninsured Driver – Call 888-603-3636

Texas Auto Insurance Requirements

Texas requires drivers to have minimum amounts of liability insurance coverage. This type of policy pays accident victims when an insured driver causes a car accident. 

The minimum amount of car insurance required in Texas is:

• Property damage coverage of $25,000
• Bodily injury coverage of $30,000 per person ($60,000 per accident)
• PIP coverage and uninsured/underinsured coverage unless you decline it in writing

You may also purchase other types of insurance, such as collision and comprehensive coverage.

The Insurance Claims Process After an Auto Accident in Texas

When an at-fault driver causes an accident, you file a claim with their liability insurance provider. An adjuster will investigate your claim. They can accept liability or dispute that their insured driver caused the crash.

If the insurance company accepts liability, your lawyer will work to maximize your recovery by building a solid case proving the severity of your injuries and damages. If the company refuses to negotiate a fair settlement, your attorney will take your case to trial.

But what happens if the other driver doesn’t have insurance? Can you recover money for your damages?

If you have PIP insurance, you can file a claim with your insurer for medical bills and lost wages. However, PIP does not cover all your losses and damages.

Uninsured motorist (UM) coverage pays for your damages if you are injured because of an uninsured driver’s negligence. UM coverage also applies to accidents involving hit-and-run drivers.

Note that you may have additional options. For example, if a third party contributed to the cause of the crash, you may be able to hold them liable for a portion of your damages. That’s why it’s essential to have legal representation and guidance throughout the process. 

Proving Fault in a Texas Uninsured Motorist Claim

Even though you are filing an uninsured motorist claim with your insurance company, you must prove fault for the car accident. In other words, you must have evidence proving that the other driver’s actions caused the collision and that the driver did not have insurance coverage.

Therefore, it is crucial that you call 911 to report an accident, regardless of whether you believe you sustained injuries or significant property damage. Having an official accident report can help you with your insurance claim. Gathering evidence at the crash scene is also essential.

Therefore, take pictures and videos of the accident scene. Ask everyone who stops to help for their contact information. Your personal injury lawyer will talk with the witnesses to obtain statements. They’ll also perform an independent investigation to gather evidence proving causation and fault.

Filing an Uninsured Motorist Claim After a Car Accident in Houston, TX

Remember, uninsured motorist coverage can be declined. So, you can only file a claim if you have UM coverage.

Your insurance company essentially stands in for the at-fault driver when you file an uninsured motorist claim. Therefore, you can seek the same types of damages as you would if you filed a liability insurance claim.

Economic and non-economic damages are available in an uninsured motorist claim. 

Examples of the damages you could receive include:

• Property damage
• Medical bills
• Diminished quality of life
• Lost wages and benefits
• Scarring and disfigurement
• Physical therapy and other rehabilitative treatments
• Reduced earning capacity
• Impairments and disabilities
• Out-of-pocket expenses
• Mental anguish and emotional distress
• Physical pain and suffering

Assessing the value of your damages after a car accident can be difficult. Until a physician thoroughly evaluates you, you cannot be sure how your injuries will impact you now and in the long term. Our Houston auto accident attorneys can work with your physicians and experts to determine the extent of your damages and maximize the value of your claim.

What Happens if I’m Partially to Blame for Causing a Car Accident With an Uninsured Driver?

Don’t trust that your insurance company will treat you fairly. The adjuster might try to blame you for causing the accident. Insurance companies often use contributory fault to reduce the amount they pay for claims.

Texas has adopted a modified comparative negligence standard for dividing damages in a personal injury case. If your responsibility for the cause of the car crash is greater than 50 percent, you are barred from receiving any money for your claim. Even if the other driver is 49% to blame, your 51% fault for causing the accident means the other driver is not responsible for your damages.

If you share less than 51% of the responsibility for the crash, you can recover some of your damages. The amount you receive is reduced by your percentage of responsibility. Therefore, if you are 10% to blame for the car wreck, you could receive 90% of the value of your damages.

This law applies to uninsured motorist claims. So, be aware that the insurance adjuster may try to shift some of the blame to you to protect the company from liability.

Contact Our Undefeated Houston Car Accident Lawyers For Help After a Crash With an Uninsured Driver – Call 888-603-3636

At Zehl & Associates Injury & Accident Lawyers, we have a consistent history of record-breaking verdicts and personal injury settlements that are recognized locally and nationally. We leverage our success and reputation as aggressive trial lawyers to achieve the best possible results for our clients. Contact our Houston law firm at (888) 603-3636 for a free consultation. We are available 24/7 to talk with you about your case.