Car accidents are stressful enough, but discovering the other driver has no insurance? The moment of impact is already heart-stopping, and learning about the driver's lack of coverage can feel like an additional punch to the gut.
Texas roads can be unpredictable, with thousands of uninsured drivers navigating highways and city streets every single day. These unexpected encounters can turn a routine drive into a potentially life-altering financial challenge.
The good news is you're not alone, and there are clear steps to protect yourself and your financial future.
Understanding Uninsured Motorist Coverage Effect on Your Personal Injury Claims
If you’ve been hit by an uninsured driver in Texas, you may face financial challenges when seeking compensation for your injuries and damages. Uninsured motorist coverage, an optional add-on to your auto insurance policy, can help in such situations.
This coverage is designed to step in when the at-fault driver lacks liability insurance or doesn’t have enough coverage to pay for your losses. Uninsured motorist coverage often includes financial recovery for:
Medical expenses, such as hospital bills and co-pays, related to the accident
Lost wages if your injuries prevent you from working
Compensation for pain and suffering or other damages
To determine whether your own auto policy includes uninsured motorist coverage, review your insurance policy or contact your insurance provider for clarification. If you’re unsure, a personal injury attorney can help you understand your coverage and legal options under Texas law.
Steps to Take When Are Hit By Uninsured Driver Texas
If you’re hit by an uninsured driver in Texas, taking the right steps can protect your rights and improve the chances of a fair settlement for your personal injury case.
Ensure Safety and Report the Accident
Move to a safe location if possible and check for personal injuries among all involved parties.
Contact law enforcement to file a police report, which will be essential when filing a personal injury claim.
Seek Medical Attention Immediately
Even if your injuries seem minor, seek medical care as soon as possible. Delayed symptoms from an accident, such as soft tissue injuries, can worsen without prompt treatment.
Document the Scene and Gather Evidence
Take photos of the accident scene, including property damage, injuries, and the other driver’s vehicle.
Collect contact information from witnesses and ensure the police report accurately reflects what occurred.
Notify Your Insurance Provider
Report the accident to your auto insurance provider promptly. Provide accurate details but avoid giving a recorded statement until you’ve consulted with a personal injury lawyer.
Consult a Personal Injury Attorney
If you’ve sustained significant injuries, injury attorneys can guide you through the legal process, including settlement negotiations or pursuing a personal injury lawsuit. Many trial lawyers offer a free consultation to discuss your case.
Filing a Uninsured Motorist Claim with Your Insurance Company
When filing a claim under your uninsured motorist coverage, follow these steps to maximize your financial compensation:
Submit Detailed Documentation
Provide your insurance provider with evidence such as medical records, bills, proof of lost wages, and property damage estimates. This ensures your claim accurately reflects the impact of the accident.
Avoid Recorded Statements
Refrain from giving recorded statements to your insurance provider without legal guidance. These statements could harm your personal injury claim.
Work with a Personal Injury Lawyer
A car accident lawyer can help negotiate with your insurance provider to ensure you receive fair compensation. Injury attorneys are experienced in handling personal injury cases and can manage the settlement negotiations on your behalf.
Consider Legal Action if Necessary
If your insurance provider offers an inadequate settlement, your lawyer can explore further options, such as filing a personal injury lawsuit. Most injury attorneys work on a contingency fee basis, meaning you don’t pay unless they win your case.
Know Your Rights Under Texas Law
Texas law requires at-fault drivers to carry liability insurance, but many do not comply. UM coverage protects you in these situations, allowing you to focus on recovery instead of financial burdens.
If you’re not satisfied with the offers, consider consulting with a personal injury lawyer and improve your chances of receiving a fair settlement for your personal injuries
Will Filing an Uninsured Motorist Claim Make My Rates Go Up?
Filing an uninsured motorist claim after being hit by an uninsured driver in Texas is an important step toward financial recovery, but many drivers worry it could cause their insurance premiums to increase. While rate hikes are possible, it’s not necessarily because of the uninsured motorist claim itself.
Why Your Rates May Go Up
Insurance companies consider several factors when determining premiums, and a claim may signal a higher risk to them. Here are some reasons why your rates might increase:
Perceived Risk: Even if the accident wasn’t your fault, your insurance provider may categorize you as a higher-risk driver.
Driving History: Your overall driving record, including past claims and traffic violations, can influence rate adjustments.
Vehicle Usage: Insurers consider how frequently you drive, your commuting distance, and the type of vehicle you own.
Company Policies: Not all insurance companies follow the same guidelines when evaluating risk or calculating premiums.
Despite these potential concerns, you shouldn’t hesitate to file an uninsured motorist claim if you’ve paid for this coverage. This type of insurance exists to protect you from financial hardship caused by negligent drivers who lack sufficient coverage.
Why Filing an Uninsured Motorist Claim Is Worth It
If you’re injured in an accident involving an uninsured driver, or if you’re the victim of a hit-and-run, filing a claim under your own auto policy is crucial. Here’s why:
You’ve already paid premiums for UIM to safeguard against situations like this.
This coverage can help you recover medical bills, lost wages, and property damage, minimizing the financial strain on you and your family.
Many insurers won’t raise rates after a no-fault claim, but even if they do, your well-being and financial recovery should take priority.
When to File a Personal Injury Lawsuit
If your insurance company doesn’t offer a fair settlement after you’ve filed an uninsured motorist claim, you may need to consider filing a personal injury lawsuit. This step can be especially important if you’ve sustained significant injuries and the settlement offer doesn’t cover your damages.
Reasons to File a Personal Injury Lawsuit
To recover medical bills, including costs for ongoing medical care
To seek compensation for lost wages and diminished earning capacity
To address pain and suffering or other non-economic damages
Consult with a personal injury lawyer to evaluate your case and determine whether pursuing legal action is the best course. Injury attorneys can assess the strength of your claim, guide you through the legal process, and represent your best interests.
Time Limits on Filing a Lawsuit Against an Uninsured Driver
Under Texas law, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This is specifically provided under Section 16.003 of the Texas Civil Practice & Remedies Code which states that:
TWO-YEAR LIMITATIONS PERIOD.
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
Missing this deadline could mean forfeiting your right to seek compensation, even if you have a strong case.
Tips for Meeting the Deadline
Act quickly: Begin gathering evidence, including medical records, police reports, and witness statements, as soon as possible.
Consult with a personal injury lawyer early: Preparing a personal injury case can take time, and legal professionals can ensure all necessary steps are completed within the required timeframe.
Don’t procrastinate: Waiting until the last minute could leave you without enough time to file or negotiate a settlement.
Determining Liability in an Uninsured Motorist Accident
Determining liability after an accident with an uninsured driver in Texas can be a complicated process. Liability is a critical factor that your insurance company will assess before agreeing to settle under your UM coverage.
If your insurance company determines that you were at fault, they will deny your uninsured motorist claim and refuse to offer financial compensation.
Conversely, if the uninsured driver is deemed liable, you may be eligible to recover damages through your UM coverage or a personal injury lawsuit against the negligent driver.
To protect your rights and strengthen your claim, consult with a personal injury lawyer. An attorney can help you gather evidence, such as witness statements and police reports, to establish liability and pursue the financial recovery you deserve.
Getting Help with Your Uninsured Motorist Claim
If you’ve been hit by an uninsured driver in Texas, getting legal assistance can make all the difference in your case.
A personal injury lawyer can assess the details of your accident and recommend the best legal options for recovering damages.
Working with an attorney ensures that your rights are protected during settlement negotiations with your insurance company.
Trial lawyers with experience in personal injury cases can help you avoid settling for less than you deserve, ensuring you receive fair compensation for your injuries and damages.
Don’t hesitate to seek help to secure the settlement or financial compensation you need for medical bills, lost wages, and other expenses.
Types of Damages You Can Recover
A personal injury claim allows you to seek various types of damages to help you recover financially and emotionally after an accident with an uninsured driver.
Economic Damages
Medical bills, including hospital stays, physical therapy, and co-pays
Lost wages and reduced earning capacity
Property damage, such as vehicle repair or replacement costs
Non-Economic Damages
Pain and suffering caused by the accident and your injuries
Loss of quality of life if your injuries limit your daily activities
Loss of consortium for the impact the accident has on your relationships
The amount of damages you can recover depends on several factors, including the severity of your injuries and the long-term impact on your life. Consulting with a personal injury lawyer can help you identify all eligible damages and maximize your claim.
Uninsured Driver Crashes Don't Have to Crash Your Life
Getting into an accident with an uninsured driver doesn't have to be a financial nightmare. While the road ahead might seem bumpy, understanding your rights and options can make a world of difference. Remember, you have resources and legal protections designed to help you navigate this challenging situation.
Don't let an uninsured driver derail your life. Take the first step toward protecting your rights and securing the compensation you deserve – fill out our FREE consultation form now and let Burnham Law Firm fight for you.
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