Car accidents are stressful enough on their own, but discovering that the other driver doesn’t have insurance adds another layer of frustration and uncertainty. If you’re wondering what happens if an uninsured driver hits you, you’re not alone.
In Texas, despite state laws requiring auto insurance, uninsured drivers are still on the road. It’s important to understand your options so you can protect your rights and seek the compensation you’re entitled to receive with a car accident attorney.
Texas Insurance Requirements and the Risks of Uninsured Drivers
Texas law requires all drivers to carry minimum liability coverage, including $30,000 per person for injuries, $60,000 per accident for injuries, and $25,000 for property damage. This coverage helps pay for the harm a driver causes to others in a crash. But not every driver follows the law.
According to recent data, about 13.8% of drivers in Texas are uninsured. That means nearly one in twelve vehicles around you may not carry the coverage needed to pay for your losses after a collision.
If you’re hit by an uninsured driver, you could face unexpected medical bills, lost wages, and repair costs without the backing of their insurance to help cover those expenses.
Check Your Own Coverage
One of the first steps to take after being hit by an uninsured driver is to check your own auto insurance policy. Many policies include uninsured motorist coverage (UM) or underinsured motorist coverage (UIM), which can step in when the at-fault driver lacks adequate insurance.
In Texas, insurers are required to offer this coverage when you purchase a policy, though you can reject it in writing. If you didn’t reject it, you likely have it. This type of coverage can help pay for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Having UM or UIM coverage provides a critical safety net when the other driver can’t cover your costs.
Filing a Claim Through Your Own Insurance
If you have uninsured motorist coverage, your insurance can step in to cover the damages. You will need to submit a copy of the police report, photos of the accident and vehicle damage, medical records, and any repair estimates.
Your insurance company will review the claim, investigate the accident, and determine the amount they’re responsible for under your policy. Unfortunately, even though you’re working with your own insurer, they may still try to minimize the payout.
Can I Sue the Driver Directly?
Drivers may wonder if they can sue the uninsured driver directly. Filing a lawsuit against the at-fault driver could lead to a judgment in your favor. However, many uninsured drivers lack the financial means to pay for the harm they’ve caused, and without formal documentation or a legal agreement, you may risk not recovering what you’re owed.
Why Strong Evidence Matters
After a crash with an uninsured driver, gathering evidence early helps support your claim, whether you’re filing through your own insurance or considering suing an uninsured driver.
Examples of strong evidence may include:
- A police report
- Photos of the accident scene
- Medical records
- Receipts for medical care and repair estimates
- Witness statements
Without the right evidence, it can be harder to prove the other driver’s liability and the full extent of your damages.
Don’t Rely on Verbal Promises
It may feel easier to accept a promise from the uninsured driver that they’ll “pay for everything out of pocket.” Unfortunately, many people find out too late that these promises fall apart once bills start piling up. Instead of taking the risk, it’s best to go through official channels like your insurance or legal system to protect yourself.
Why Legal Help Matters
Insurance policies often contain fine print, and insurance companies may push back against your claim to limit their payout. A car accident lawyer can help by:
- Reviewing your insurance coverage
- Handling communication with your insurer
- Gathering strong evidence
- Negotiating for a fair settlement
- Exploring other legal options, when necessary
Having legal representation means you don’t have to face these challenges alone. An experienced lawyer can help you understand your rights and ensure no opportunities for compensation are missed.
FAQ
If I Use UM Coverage, Will It Affect the Cost of My Insurance?
Using your uninsured motorist coverage to file a claim should not increase your rates under Texas law if the accident wasn’t your fault. Your insurer may still review your overall policy at renewal time, so it’s a good idea to check with it.
What Is the Time Limit for Filing an Uninsured Motorist Claim?
Time limits vary by policy, but it’s important to file as soon as possible after the accident. Some policies have deadlines that are shorter than the state’s personal injury statute of limitations.
What if I Don’t Have UM Coverage?
If you don’t have uninsured motorist coverage, you may need to use your health insurance, collision coverage, or explore suing the at-fault driver.
Can I Get Compensation for Pain and Suffering?
Yes. You can receive compensation for non-economic damages like pain and suffering through uninsured motorist (UM) coverage, but it will depend on your policy and the extent of the injuries you have.
Get Help After An Accident With an Uninsured Driver
It’s important to understand what happens if an uninsured driver hits you. It can be overwhelming, but you don’t have to go through the process alone. Contact Ramsey Law Group today to discuss your legal options and get the guidance you need to move forward.