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What If I Was in an Accident With an Uninsured Motorist in Texas?

Posted in Car Accidents on January 20, 2020

You might assume every driver on the road is as responsible as you are when it comes to purchasing and maintaining automobile insurance. Unfortunately, this is not the case. Hundreds of drivers in Texas operate motor vehicles while uninsured. If one of these irresponsible drivers causes your car accident, it can be difficult to obtain fair compensation for your damages. You may need to file a first-party claim, bring a lawsuit or hire a car accident attorney for assistance.

Should I Report the Accident?

In Texas, you generally do not have to report a car accident unless it causes injuries, deaths or more than $1,000 in property damages. An exception exists, however, for accidents involving broken laws – including the failure to meet the state’s insurance requirements. If the other driver involved in your crash admits to not having insurance, call the police. Dial 911 from the scene and explain that you were in a wreck with an uninsured driver. Wait at the scene until the police arrive.

The police can ticket and fine the uninsured driver, as well as suspend his or her license to force the driver to get insurance before getting back on the road. The police can also write up a report on your car accident, cataloging the most important details for an insurance claim later. Your police report can include facts such as what direction each vehicle was traveling, where the impact occurred and who might have caused the crash. You can use the police report in the future as evidence for your insurance company.

reporting an accident with an uninsured driver

Should I Call an Insurance Company?

Collisions with uninsured motorists take different insurance processes than typical car accidents in Texas. With two insured drivers, the insurance company of the at-fault driver will pay for victims’ damages. If the at-fault driver does not have insurance, however, the other driver will have to file a first-party claim instead. The other driver will seek damage recovery from his or her own insurance provider.

If you get into a car accident with an uninsured driver, start the claims process by calling your own insurance company. Call the phone number on your insurance card and state that you have been in an accident with an uninsured motorist. Your insurance agent can inform you whether or not you have uninsured/underinsured motorist insurance. This is an optional type of insurance in Texas that can cover your damages after a crash with someone who does not have insurance.

If you do have uninsured motorist insurance, your own company should front the costs of your medical bills and property repairs. Your company may also offer to pay part of your damages if the other driver has insurance, but not enough to cover the full costs of your losses. If you do not have uninsured motorist insurance, however, your only option for recovery may be a personal injury lawsuit.

Should I Get Legal Help?

Get legal help if you do not have uninsured motorist insurance, your insurance company has denied your claim, you suffered catastrophic injuries or you need to take your case to court. A car accident attorney in Dallas can help you through this complex type of case, pointing you in the right direction for financial compensation. Since the uninsured driver most likely does not have the funds to fulfill a judgment award, for instance, a lawyer can search for other parties who may be responsible for your losses, such as the at-fault driver’s employer.

At the Law Offices of Aaron A. Herbert, we can review your uninsured motorist accident for free at our local law firm. Then, we can use years of practice area experience to guide you to the right solution, whether that is a first-party claim, third-party claim or personal injury lawsuit. Partnering with an attorney can help you fight for fair compensation regardless of the circumstances of your accident.