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What Happens If The At-fault Party Doesn’t Have Insurance?

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If you are the victim of a car accident where another driver hit you, you most likely have expenses you need covered. This can become much more challenging if the other driver is not insured. Car accidents where the at-fault party isn’t insured are a bit more complex since you can’t tap into the normal source of coverage.

At DeHoyos Accident Attorneys, we understand that this is an overwhelming and stressful situation to experience, especially if you have significant property damage or injuries. In this article, we will help you better understand your options so you know how to proceed.

If this article doesn’t answer all of your questions regarding uninsured motorists, call our Houston office today for additional legal guidance.

Understanding Auto Insurance Coverage

The state of Texas has a minimum insurance requirement since this is meant to act as liability coverage to pay for the other party. The mandatory minimum liability requirements are:

  • $30,000 in personal injury per person
  • $25,000 in property damage
  • $60,000 in personal injury per accident

The main types of auto insurance you need to understand are uninsured motorist coverage and underinsured motorist coverage. Uninsured motorist coverage is part of your auto policy and protects you if an uninsured driver causes an accident. It is not a necessary insurance policy, but it is something insurance companies are required to offer if you want it.

Underinsured motorist coverage protects you if the other driver does not have enough insurance coverage to pay your damages. They may only have the minimum liability coverage, which doesn’t cover all the damage caused by the accident. If that is the case, UIM coverage would make up the difference.

Legal Options When an At-Fault Driver Is Uninsured

Getting into an accident where the at-fault driver isn’t insured can feel very overwhelming if you’re left with significant expenses. The good news is that you can pursue a few options to receive the coverage you need.

Uninsured Motorist Claim

If you have uninsured motorist coverage, you can file an uninsured motorist claim with your insurance company. Many drivers don’t even realize that they have this coverage since you have to manually opt out of this policy via a written form to your insurance company. If you did not do this when purchasing your insurance, you most likely have this coverage available.

If you have uninsured motorist coverage, it is a good idea to hire an auto accident attorney to help you understand what this means. They can help you translate your insurance policy, file a claim with your insurance company, and negotiate the best settlement.

Personal Injury Claim or Lawsuit

Another option you have if the at-fault driver is uninsured is to file a personal injury lawsuit. You have two options when it comes to this path: you can either sue the driver personally or file a personal injury claim with your insurance. To file a claim with your insurance, you need to make sure this is something your policy would cover.

You can also hold the driver personally responsible with a personal injury lawsuit to cover bodily harm the accident caused. If you decide to do this, make sure you hire an experienced auto accident attorney in Texas to help you build your case.

Can You Use Your Health Insurance For Coverage After an Accident?

If you don’t know what to do after being hit by an uninsured motorist, you may think that you can depend on your personal health insurance. The reality is that this is not a good option since you will usually be responsible for the deductible and copays for the medical care you receive.

If you choose this option, any financial losses or expenses would come out of your pocket. It is always better to pursue other options to either receive coverage from your insurance or hold the other driver responsible.

Protecting Yourself After an Auto Accident

When you are the victim of an uninsured driver, you need to start protecting your interests as soon as possible. You can take certain steps to do this directly after the accident to make the process of getting coverage later on easier.

Report the Accident

After any kind of accident, one of the first things you should do is call 911 to report the accident. The 911 operator can send an ambulance and the police if medical care is needed. The police will investigate the accident and create a police report, which you can later use to support your claim.

You should consider contacting the Texas Department of Public Safety to file a complaint against the uninsured driver. The Texas Department of Public Safety may be able to assist you in recovering your losses.

Document Evidence

If you are not injured, you should try to document evidence at the scene of the accident to use later on. Examples of the kind of evidence you can document include:

  • Dashcam footage
  • Photos of the property damage
  • Photos of bodily damage
  • Photos of stop signs and red lights

Find Witnesses

Although it is not your responsibility to collect witness statements, locating witnesses at the collision scene is a good idea. You can get their contact information and save it on your phone so that statements can be collected later on.

If you are unable to do this, the police will also find witnesses and get their statements, which will be included in the police report.

Hire an Attorney

Hiring an attorney is incredibly important after any kind of accident, but it is especially crucial for accidents involving uninsured motorists. This is much more complex, and to get the coverage you deserve, you need to hire an experienced auto accident lawyer to represent you and guide you through this process.

Contact DeHoyos Accident Attorneys For Legal Help 

At DeHoyos Accident Attorneys in Houston, Texas, we understand how difficult it can be to navigate the process of an accident where the other driver is uninsured. We have handled hundreds of auto accident cases and can provide professional and compassionate legal assistance as you are seeking compensation.

If an uninsured motorist hits your vehicle and you don’t know what to do next, call our Houston office at (832)-745-4878.



















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