What Happens if I am in a Car Accident with an Uninsured Driver in Texas?

Posted on July 14th, 2024

Getting into a car accident is always a scary and nerve-wracking experience. However, when it happens with an uninsured driver, it adds a layer of frustration and uncertainty. If you have suffered a personal injury and damage to your vehicle, you may wonder what to do when the driver responsible for your accident lacks auto insurance. In the state of Texas, you have options if you find yourself in this situation. Contacting an experienced uninsured car accident attorney will help in answering your questions about dealing with an uninsured driver.

What Can You Do After an Accident with an Uninsured Motorist?
There are three ways you can go about recovering compensation to pay for your medical bills, lost wages, pain and suffering and property damage. They include the following:

• Use your own health insurance: You can simply use your own health insurance to pay for your medical expenses. However, with this option, you will have to pay the remainder of your expenses out of your own pocket.
• File a claim: You can also file a personal injury claim by relying on your uninsured motorist coverage to recover the compensation you deserve.
• File a lawsuit against the other driver: The third option you have is to file a personal injury claim against the driver who was at fault for the accident that left you with injuries and damages.

It’s a good idea to consider your options wisely when you get into an uninsured car accident. You want to ensure that you are making the best decision as to getting compensated for your injuries and damages.

Using Your Health Insurance
Generally speaking, the option of using your own health insurance to cover your medical expenses after an accident with a driver who lacks insurance is the worst. If at all possible, you should avoid going this route. It would most likely require you to pay a lot of money out of pocket, which can end up being a considerable financial burden that you shouldn’t have to endure.

Filing a Claim Using Your Uninsured Motorist Coverage
In Texas, you have a right to opt out of getting uninsured motorist coverage as part of your auto insurance. However, if you decided to get this type of coverage, it can definitely help you if you are in an accident with an uninsured driver. In general, even if you carry the minimum amount of liability insurance, $30,000, you can file a claim with your insurance company and receive up to that same amount in compensation if you are involved in a car accident with a driver who has no insurance. Of course, if you carry a larger amount toward this coverage, the limit on your policy also increases.

An uninsured car accident attorney can be essential in helping you to better understand how this works and in handling your claim so that you can get a compensation amount that is more than fair. Your attorney can help you in the following ways:

• Explain all the details of your insurance policy
• Investigate the car accident
• Prove that the uninsured driver was negligent and is liable for your injury and damages
• File your claim and document all your losses
• Negotiate a satisfactory settlement with your insurer

Filing a Personal Injury Lawsuit
It’s possible to file a personal injury lawsuit against a driver who lacks insurance and who caused a car accident. However, it’s not always the best option. In many cases, the reason the individual doesn’t have auto insurance is because they don’t have money to pay for it. While they would still be liable for your injuries, it would be difficult, if not impossible, to recover compensation from them. An experienced uninsured car accident attorney can assist you in determining if you should file a lawsuit or if working with your insurance company is the best option.

If you have been involved in an uninsured car accident, call our law offices today at any of our convenient locations and get a free consultation.

Arlington (817) 522-4451