Car accidents can be a harrowing experience, and the situation can be even more distressing if the other driver is uninsured. In Texas, like many states, all drivers are required by law to carry a minimum amount of liability insurance. However, not everyone adheres to this law, and you may find yourself in an accident with someone who doesn’t have the necessary coverage. This raises the important question: Can you sue an uninsured driver in Texas? The answer is yes, but it’s often more complicated than that.
In this blog, we will delve into your legal options when it comes to uninsured drivers, discuss the challenges of suing an uninsured motorist, and emphasize why it’s essential to have Uninsured/Underinsured Motorist (UM/UIM) coverage.
Understanding Texas Insurance Requirements
In Texas, drivers are required to carry a minimum amount of liability insurance, often referred to as “30/60/25” coverage. This refers to:
- $30,000 for bodily injury per person,
- $60,000 for total bodily injury per accident, and
- $25,000 for property damage.
While these are the minimum amounts required, some drivers do not carry any insurance at all, violating the law and putting other drivers at risk.
The Legal Process of Suing an Uninsured Driver in Texas
If you’re involved in an accident with an uninsured driver, you can sue them in civil court to recover damages. However, suing an uninsured driver is often more complicated and less fruitful than it sounds for several reasons:
- Collecting a Judgment: Even if you win the lawsuit and are awarded damages, the uninsured driver may not have the financial resources to pay the judgment. Drivers who don’t carry insurance are often in precarious financial situations, which is why they avoid paying for insurance in the first place. This means that, even with a successful lawsuit, you may face challenges in collecting the awarded damages.
- Legal Expenses: Pursuing a lawsuit requires time, money, and resources. If the uninsured driver cannot pay you, even a favorable verdict might not be worth the legal expenses involved in taking the case to court.
- Time and Stress: Legal battles are often lengthy and can take months, if not years, to resolve. For many, the emotional toll and stress of pursuing legal action against someone who may not have the means to pay might not be worth it.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: A Better Solution
While you can sue an uninsured driver, a more effective way to recover damages may be through your own insurance policy, specifically Uninsured/Underinsured Motorist (UM/UIM) coverage. UM/UIM coverage is designed to protect you in cases where the other driver either has no insurance (uninsured) or has insufficient insurance (underinsured) to cover your losses.
What is UM/UIM Coverage?
- Uninsured Motorist (UM) Coverage: This part of your policy kicks in if you’re hit by a driver who has no insurance. It covers your medical expenses, lost wages, and other damages that you would have recovered from the at-fault driver if they had proper insurance.
- Underinsured Motorist (UIM) Coverage: UIM coverage applies when the at-fault driver has insurance, but their policy limits are not enough to cover the full extent of your damages. In this case, your UIM coverage would help bridge the gap between what the at-fault driver’s insurance can pay and your total damages.
Why You Need UM/UIM Coverage in Texas
According to the Insurance Research Council, about 8.3% of Texas drivers are uninsured. This means that approximately 1 in 12 drivers in Texas is on the road without insurance. Even if you’re a cautious driver, the risk of encountering an uninsured or underinsured motorist is significant.
Here are some reasons why UM/UIM coverage is essential:
- Faster Compensation: With UM/UIM coverage, you can bypass the lengthy legal process of suing an uninsured driver. You’ll deal directly with your own insurance company, which is usually much faster than waiting for a lawsuit to be resolved.
- Guaranteed Payment: Even if the at-fault driver is uninsured or underinsured, your UM/UIM coverage ensures that you still get compensated for your injuries and damages. This eliminates the risk of not being able to collect on a judgment if the other driver lacks financial resources.
- Covers Hit-and-Run Accidents: In Texas, UM coverage also applies in hit-and-run accidents where the at-fault driver cannot be identified. If you’re involved in a hit-and-run, your UM coverage will step in to cover your medical expenses and damages.
- Protection Against Underinsured Drivers: Many drivers in Texas only carry the state’s minimum required liability coverage. In a severe accident, especially one involving significant injuries or extensive property damage, the minimum coverage may not be enough to cover all of your expenses. UIM coverage ensures that you’re not left with the financial burden if the other driver’s policy limits are too low.
Filing a Claim with Your UM/UIM Coverage
If you have UM/UIM coverage and you’ve been involved in an accident with an uninsured or underinsured driver, here’s what you need to do:
- Report the Accident: Immediately report the accident to your insurance company. Provide as much information as possible about the other driver, the accident, and any injuries or damages.
- File a UM/UIM Claim: Inform your insurer that the other driver is uninsured or underinsured and that you are filing a UM/UIM claim. Your insurance company will likely ask for proof that the other driver was uninsured or that their policy limits were insufficient.
- Provide Documentation: Be prepared to submit medical records, repair estimates, and any other documentation that supports your claim. Your insurer may also require a police report, so make sure to report the accident to law enforcement if you haven’t already done so.
- Negotiate with Your Insurer: Just like any other claim, your insurance company may try to minimize the amount they pay. Be prepared to negotiate and, if necessary, consult with a personal injury attorney to help you recover the full amount you’re entitled to.
The Role of a Personal Injury Attorney
Navigating the complexities of a lawsuit or insurance claim after an accident with an uninsured driver can be overwhelming. In these situations, hiring an experienced personal injury attorney can make a significant difference. An attorney can help by:
- Evaluating Your Case: A lawyer can assess the details of your accident and advise you on the best course of action—whether that’s pursuing a lawsuit against the uninsured driver or filing a UM/UIM claim with your insurance company.
- Negotiating with Insurers: Insurance companies often try to settle UM/UIM claims for less than what you deserve. An attorney can handle negotiations with your insurer and ensure that you receive fair compensation for your injuries and damages.
- Handling the Legal Process: If suing the uninsured driver is the best option, an attorney can guide you through the entire legal process, from filing the lawsuit to collecting the judgment.
- Maximizing Your Compensation: Personal injury attorneys are skilled in identifying all possible avenues for recovery. In addition to UM/UIM claims, they may explore other potential sources of compensation, such as personal assets of the uninsured driver or other liable parties.
Conclusion: Can You Sue an Uninsured Driver? Yes, But There’s a Better Way
While you can sue an uninsured driver in Texas, doing so is often challenging and may not result in a successful recovery. Even if you win the lawsuit, collecting the judgment can be difficult if the other driver lacks the financial means to pay.
This is why having Uninsured/Underinsured Motorist (UM/UIM) coverage is crucial. UM/UIM coverage ensures that you are financially protected in the event of an accident with an uninsured or underinsured driver. It provides faster compensation, guarantees payment, and can also protect you in hit-and-run accidents.
If you’ve been involved in an accident with an uninsured driver, it’s essential to explore all of your legal options. Consulting with an experienced personal injury attorney can help you make informed decisions and ensure that you receive the compensation you deserve.
At Ryan Orsatti Law, we specialize in personal injury cases and are dedicated to helping accident victims navigate their legal options. Contact us today for a free consultation to discuss your case and find out how we can help you recover the compensation you’re entitled to, whether through a lawsuit or your UM/UIM coverage.
