A car accident is stressful enough. Finding out the other driver does not have insurance can make the situation even more frustrating. In a busy city like Houston, where traffic along I-45, I-10, and the 610 Loop is constant, uninsured driver accidents are not uncommon. If you are hit by an uninsured driver, you still have options under Texas law. Understanding how those options work can help you make informed decisions.
Key Takeaways:
- Uninsured drivers do not have liability coverage.
- Your own insurance may provide coverage.
- UM/UIM coverage is important protection.
- Lawsuits are possible but difficult to collect.
- Acting quickly helps protect your claim.
- Houston traffic increases risk.
What Does It Mean if the Other Driver Is Uninsured?
In Texas, drivers are required to carry minimum liability insurance. However, not everyone follows the law. An “uninsured” driver is someone who does not have the required coverage at the time of the accident. This means there is no liability insurance policy available to pay for your damages.
Will Your Own Insurance Cover the Accident?
In many cases, your own insurance becomes the first place to turn. If you have Personal Injury Protection (PIP), it can help cover medical expenses and some lost wages. “MedPay” coverage may also assist with medical bills. Uninsured/Underinsured Motorist (UM/UIM) coverage can step in when the at-fault driver has no insurance or not enough coverage.
What if You Do Not Have Uninsured Motorist Coverage?
If you do not have UM/UIM coverage, your options may be more limited. You may still use PIP or MedPay, but those benefits are capped. You may also need to rely on health insurance or pay out of pocket.You may be able to file a claim against the at-fault driver, but recovery can be difficult.
Can You Sue an Uninsured Driver in Texas?
Yes, you can file a lawsuit against an uninsured driver. If your injuries are significant, pursuing legal action may be an option. However, collecting compensation can be challenging if the driver lacks assets.
What Should You Do Immediately After the Accident?
Seek medical attention as soon as possible, even if you feel fine. Call law enforcement and make sure a police report is created. Take photos of the scene and collect contact information from witnesses. Notify your insurance company promptly, but be cautious about giving detailed statements early.
How Do Insurance Companies Handle These Claims?
When an uninsured driver is involved, your insurance company may handle the claim through your UM/UIM coverage. Disputes can still arise over fault or the value of your claim, so keeping records is important.
Are Uninsured Driver Accidents Common in Houston?
Houston’s size and heavy traffic contribute to a higher number of accidents, including those involving uninsured drivers.
Frequently Asked Questions:
Is uninsured motorist coverage required in Texas?
No, but it must be offered by insurers.
What damages can UM/UIM coverage include?
It may cover medical expenses and lost income.
Will filing a claim raise my insurance rates?
It depends on your policy.
What if the uninsured driver leaves the scene?
This may be considered a “hit-and-run,” and UM coverage may apply.
If You Have Been Hit by an Uninsured Driver, a Knowledgeable Harris County Car Accident Lawyer at the Law Office of Todd E. Webb Can Guide You Through Your Legal Options
Being hit by an uninsured driver can create financial and legal challenges. Understanding your options under Texas law is an important step. Working with a Harris County car accident lawyer at the Law Office of Todd E. Webb can help you navigate the process and move forward. To schedule a free consultation, call today at 713-529-4400 or fill out our online form. Located in Houston, Texas, we gladly serve clients in the surrounding areas.