Navigating the aftermath of a car accident can be stressful, especially when the at-fault driver is uninsured. In Texas, the situation becomes more complex due to the state’s laws and the potential financial implications for both parties involved. If you find yourself in this predicament, understanding your rights and the steps to take can make a significant difference in the outcome of your case. This blog will explore what happens if an at-fault driver is uninsured in Texas and why contacting an attorney before an insurance company is always the better choice.
Texas Insurance Requirements
Texas law requires all drivers to carry a minimum amount of liability insurance to cover damages in case of an accident. The minimum coverage amounts are:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
This is often referred to as 30/60/25 coverage. However, many drivers on Texas roads are either uninsured or underinsured, meaning they do not have sufficient coverage to pay for all damages caused in an accident. When an at-fault driver is uninsured, it poses significant challenges for the injured party.
Consequences for the Uninsured At-Fault Driver
In Texas, driving without insurance can lead to severe penalties. If an uninsured driver causes an accident, they may face the following consequences:
- Fines and Penalties: The uninsured driver can be fined up to $1,000, and their vehicle may be impounded.
- License Suspension: Their driver’s license and vehicle registration can be suspended until they provide proof of insurance.
- Legal Liability: The uninsured driver can be held personally liable for all damages resulting from the accident. This includes medical expenses, property damage, and potentially even punitive damages if the court deems the driver’s actions egregious.
- Difficulty in Future Insurance: The uninsured driver may find it challenging to obtain insurance in the future, and if they do, it will likely be at a much higher premium.
What Happens to the Injured Party?
If you are the victim of an accident caused by an uninsured driver, you may be left wondering how you will recover the costs of your injuries and property damage. Here are some of the avenues available:
1. Uninsured Motorist Coverage (UM/UIM)
Texas insurance policies often include Uninsured/Underinsured Motorist Coverage (UM/UIM), which can protect you in these situations. This coverage is optional, but highly recommended, as it allows you to file a claim with your own insurance company to cover the costs of the accident.
- Uninsured Motorist Coverage (UM): This part of your policy covers damages if the at-fault driver has no insurance.
- Underinsured Motorist Coverage (UIM): This coverage kicks in if the at-fault driver’s insurance is insufficient to cover all the damages.
It’s crucial to review your insurance policy and understand whether you have UM/UIM coverage and the extent of that coverage.
2. Personal Injury Protection (PIP)
Another option is Personal Injury Protection (PIP), which is a no-fault insurance coverage that pays for medical expenses, lost wages, and other out-of-pocket costs, regardless of who is at fault in the accident. PIP is also optional in Texas, but it’s automatically included in your policy unless you reject it in writing.
3. Filing a Lawsuit Against the Uninsured Driver
If the at-fault driver is uninsured, you have the option to file a personal injury lawsuit against them. However, this can be a challenging route, as uninsured drivers often do not have sufficient assets to pay a judgment. Even if you win in court, collecting the full amount awarded can be difficult.
Why Contacting an Attorney Is Better Than Contacting the Insurance Company
After an accident with an uninsured driver, it may seem logical to contact your insurance company first, especially if you have UM/UIM coverage. However, contacting an attorney before speaking with the insurance company can significantly benefit your case.
1. Protecting Your Rights
Insurance companies, even your own, are primarily focused on minimizing their payouts. An attorney will prioritize your best interests, ensuring that you understand your rights and the compensation you’re entitled to receive.
2. Maximizing Compensation
An experienced personal injury attorney knows how to negotiate with insurance companies to maximize your compensation. They can help you gather evidence, document your injuries and damages, and present a strong case to the insurer.
3. Handling Legal Complexities
Navigating the legal system can be complex, especially if you’re dealing with an uninsured driver. An attorney can handle the legal complexities on your behalf, from filing a lawsuit to negotiating a settlement.
4. No Upfront Costs
Most personal injury attorneys, including those at Ryan Orsatti Law, work on a contingency fee basis. This means you don’t pay any upfront costs, and the attorney only gets paid if they recover compensation for you.
Conclusion
Dealing with an accident caused by an uninsured driver in Texas can be overwhelming, but understanding your options is crucial. Whether you pursue a claim through UM/UIM coverage, PIP, or by filing a lawsuit, having a skilled personal injury attorney on your side can make all the difference. At Ryan Orsatti Law, we are committed to helping you navigate these challenges and secure the compensation you deserve.
If you’ve been involved in an accident with an uninsured driver, don’t hesitate to contact us for a free consultation. Remember, contacting an attorney before your insurance company is always the better choice to protect your rights and maximize your compensation.
