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According to the Insurance Information Institute, 8.3 percent of drivers on Texas roads are uninsured. Unfortunately, this means uninsured motorist accidents are common here in the Lone Star State.
If you were involved in an accident with an uninsured motorist, you’re probably feeling frustrated and overwhelmed. Getting the money you need to pay for medical bills and vehicle repairs may seem impossible.
The personal injury lawyers at Tate Law Offices P.C. have more than 25 years of experience standing up for Fort Worth accident victims. We know what it takes to maximize compensation in your car accident case, even if the other driver was uninsured or fled the scene of the crash.
Contact us today for a free consultation to discuss the details of your case with a qualified attorney.
How Do I Sue an Uninsured Driver?
If you suffered serious injuries in an accident with an uninsured driver, you may require extensive and costly medical care to recover. Since the other driver doesn’t have an insurance provider that you can turn to, you may wonder whether you can sue the at-fault driver for the compensation you need instead. While it’s technically possible to sue an uninsured driver, sometimes it isn’t worth the trouble. If a driver neglects or refuses to purchase the minimum liability insurance required by law, chances are they also don’t have much in the way of money or assets. If you file a lawsuit against an uninsured driver and win, you may receive little or no money from the judgment because the at-fault driver likely won’t have enough money to pay you. In many uninsured motorist accident cases, accident victims choose to file a claim with their own insurance providers. Most Texas auto insurance policies include uninsured motorist (UM) coverage because state insurance providers are required to provide it unless policyholders explicitly decline the coverage in writing. It may also be possible to file a claim against a third party who was not directly involved in the accident. For example, the owner of the vehicle or the driver’s employer may be responsible for the damages you sustained.What Information Will I Need?
If you plan to file a lawsuit against an at-fault, uninsured driver or your own insurance carrier, you should gather the following information to support your case:- Contact, license, and vehicle information for the at-fault driver
- Statements and contact details for other vehicle occupants involved in the crash and any eyewitnesses who saw the crash
- Photographs of the accident scene, including any vehicle damage or skid marks
- Photographs and medical records of any injuries you suffered in the crash
- Bills, receipts, and invoices from any accident-related expenses
- Pay stubs or timesheets to demonstrate that you missed time at work
- A copy of the accident report that a law enforcement officer made after you reported the accident
Do I Need Extra Coverage for Uninsured Motorists?
Because Texas insurers are required to offer uninsured and underinsured motorist (UIM) coverage when Texas vehicle owners purchase car insurance, most auto policies already include at least some UM or UIM coverage. Policyholders who don’t want UM or UIM insurance as part of their coverage plans must actively turn down this coverage in writing. If you’re unsure whether you have UM or UIM coverage through your auto insurance provider, it’s a good idea to check the details of your policy. If you have UM or UIM insurance but don’t know your policy limits, you should determine how much coverage is available. It’s important to note that UM and UIM coverage are not the only types of insurance that could provide benefits in the event of an uninsured motorist accident. If you carry collision insurance, personal injury protection (PIP) insurance, or health insurance, you may have access to money for vehicle repairs, medical bills, and more. An uninsured motorist lawyer can review all applicable insurance policies and inform you of the coverage that is available for your claim.What Compensation Can I Receive?
Depending on the types of insurance coverage you carry and the circumstances surrounding your accident, you may be entitled to compensation for:- Medical bills – Past, current, and expected future costs of hospital stays, surgical treatments, prescriptions medications, and other healthcare-related expenses
- Incidental costs – Expenses you incur as a result of your injuries, such as costs of durable medical equipment or transportation to medical appointments
- Lost wages – Lost income from missed time at work, if you are forced to stay home or heal while you recover from your injuries
- Lost earning potential – Losses in your future earning potential, if you suffer long-term disabilities that prevent you from returning to your previous job
- Pain and suffering – The subjective costs of the physical pain, emotional suffering, and psychological anguish caused by the accident and your injuries
- Losses in quality of life – The subjective costs of losses in your overall quality or enjoyment of life or the consortium you provided your spouse
