Civil law enables those injured in an automobile accident to seek compensation from motorists they believe are at fault for causing the accident in question. Sometimes, such compensation is remitted through the at-fault driver’s vehicle insurance policy. However, certain motorists might be uninsured and this makes recovering compensation for your property damage and your injuries difficult and complex. The complexity of these cases makes it vitally important that you retain the services of an experienced car accident attorney.
It’s common knowledge that there are a lot of people in Texas driving around with no insurance, even though State law requires it. They can’t afford it so they get the bare minimum coverage when they have to renew their vehicle registration or driver’s license, and then they let the policy lapse when the next premium comes due.
Use Your Own Individual Uninsured Policy Provisions
The auto insurance policies for many appropriately insured motorists contain provisions to provide some semblance of coverage for accidents involving uninsured drivers. That said, this option has several potential drawbacks, including:
- Limited Compensation – Typically, the amount of money the victim will be compensated is some of all of the amount offered by the insurance company as part of their uninsured policy provision. For example, the victim’s injuries and damages might total $40,000. However, if their insured policy provision only covered $30,000, the remaining $10,000 is their responsibility. Moreover, insurance companies are more apt to offer a specific settlement total. In many instances, said offer will be far less than the victim desires.
- A Short Time To File Claims – Many insurance providers offer a limited amount of time to file an uninsured motorist accident claim. Ergo, should the victim miss said deadline, it is unlikely they will receive any type of compensation.
- A Restricted Appeal Process – If the policy holder and insurance company cannot reach an amicable settlement, the victim’s only option for appeal is arbitration. In most instances, the arbitrator’s decision is final and binding.
Initiate A Civil Action
More often than not, a motorist carried no automobile insurance due to the inability to afford such coverage. In such instances, pursuing a civil suit might prove futile because the victim is not likely to be awarded damages even in the event they are ruled eligible to receive compensation.
That said, however, there may be certain circumstances where the uninsured driver does possess the funds necessary to provide adequate compensation. These motorists might have simply allowed their insurance coverage to lapse for a variety of reasons. When these potentially favorable circumstances arise, the accident victim is encouraged to consult with an experienced car accident attorney and provide any type of evidence, law enforcement accounts, photographs of the vehicles involved and pertinent medical reports.
All of the preceding information could prove vital because a successful outcome will hinge on the plaintiff and their attorney’s ability to prove fault. Being uninsured does not automatically mean that said party was responsible for causing the accident. The State of Texas adheres to a civil litigation principle known as proportionate responsibility, sometimes also referred to as modified comparative negligence, which affords adjudicating bodies like judges or juries the authority to assign blame in a given incident.
Proportionate responsibility offers the victim the opportunity to collect compensation provided said party is ruled to be no more than 50 percent at fault. Moreover, their total compensation can be further reduced by the percentage of blame they are given. For example, if the victim sought to recover $200,000 in damages but was found 25 percent to blame, said individual would only be awarded $150,000 in total.
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