If you get injured in a car accident caused by someone else, you may already know that to recover compensation, you need to file a claim against the at-fault driver’s car insurance. But what if you’re hit by an uninsured driver?
Many people worry that if an at-fault driver has no insurance (or doesn’t have enough insurance to cover damages), they have no way to recover compensation. However, there’s a reasonable chance that the right motor vehicle accident attorney will be able to help you get the compensation you deserve.
If you want to maximize your chances of fair compensation, here’s what to do after an accident with an uninsured driver or a driver with insufficient insurance.
1. Check for Injuries and Report the Accident
If you’ve just been in a car accident, it can be hard to think clearly. However, if you’re able, you should briefly assess yourself and anyone else involved for serious injuries. Next, call 911 to report the accident to the police and ask for emergency medical personnel to be dispatched.
2. Gather Any Information and Evidence You Can
Ordinarily, you need to exchange insurance and identification information with the other driver. If the other driver has no insurance, you should still gather the following:
- The other driver’s identification and contact information
- Photos of damage to the vehicles involved
- Photos showing the accident scene
- Close-ups of skid marks, detached vehicle parts, and other potential evidence
- Contact information for possible witnesses
Make sure to keep this information in a safe place. You’ll need it if you file an insurance claim or lawsuit.
3. Notify Your Insurance Company Right Away
Most insurance companies require policyholders to notify them of any accidents as soon as possible. This applies regardless of who was at fault.
When you contact your insurance company, keep things brief, and don’t go into details of the accident. Reporting the crash is not the same as filing an insurance claim.
4. Take the Time to Understand Your Uninsured/Underinsured Motorist Coverage
If you aren’t sure whether you have uninsured/underinsured motorist coverage, you probably have it. That’s because, like many states, Texas requires insurance companies to offer uninsured/underinsured motorist coverage when you purchase car insurance.
Uninsured/underinsured motorist coverage is not required by Texas law, but it’s always good to have. If you don’t want this coverage, you must decline it in writing at the time you purchase insurance.
Uninsured/underinsured driver insurance will usually cover losses like these:
- Car repair or replacement
- The replacement cost of any property in your car
- Your medical bills
- Pain and suffering
- Lost wages if you are left unable to work
- The cost of a rental car while yours is being repaired
However, depending on the amount of uninsured/underinsured motorist coverage you have, your total damages may or may not be covered. In Texas, you can typically increase your coverage in $5,000 increments.
If you aren’t sure how much coverage you have, check your policy.
5. Keep Track of Your Losses
If you file an insurance claim, you’ll need plenty of documentation. Some people make the mistake of thinking that because they’re filing a claim with their own insurance company, approval will be easier.
Regrettably, that’s not the case. Insurance companies are in business for themselves, not you. Adjusters will scrutinize your claim in search of any justification for underpaying or denying it.
If you consult the attorneys at Ramsey Law Group, we can help you gather and assemble the evidence needed to support your claim. You can make the process easier by keeping track of losses like these:
- The cost of your medical care
- The cost of vehicle repair or replacement
- Lost income
- Any out-of-pocket expenses (like transportation to medical appointments)
Documenting intangible losses like pain and suffering can be more difficult. It’s often a good idea to create a daily log of your symptoms, your level of pain, and how your injuries interfere with your daily life.
6. Contact a Car Accident Attorney
As soon as you reasonably can, contact a motor vehicle accident lawyer. Recovering compensation in these cases can be tricky, but our experienced team can help you avoid common pitfalls.
FAQ
How Much Compensation Can I Recover After an Accident With an Uninsured Motorist?
That depends on the value of your losses, your insurance coverage, and other factors. If you consult a car accident lawyer, your attorney can assess your case and tell you how much you may be able to recover.
What Should I Bring to My Consultation With a Car Accident Lawyer?
If possible, bring a copy of your insurance policy, the police report for the accident, and any evidence you may have (including photos of the accident and copies of your medical bills). If you have questions about what to bring, reach out to the attorney’s office ahead of time.
What if I Don’t Have Uninsured/Underinsured Driver Coverage?
If your car insurance policy doesn’t include uninsured/underinsured driver coverage, your attorney may be able to help you file a lawsuit against the uninsured driver. A car accident attorney can discuss your options in more detail.
Have You Been Hurt in an Accident With an Uninsured Driver?
The process of recovering compensation after an injury can be frustrating. If the at-fault party has no insurance, it can be even more so.
Fortunately, you don’t have to advocate for yourself alone. Ramsey Law Group is committed to delivering quality legal representation to all of our clients. If you’ve been hurt by an uninsured or underinsured driver, contact us today to schedule your free consultation.