No one gets in their car expecting to have an accident. But accidents happen often, and most people will experience at least one in their lifetime.
Ideally, a car accident is minor with no major injuries. However, some situations can be more complicated—like when the other driver doesn’t have insurance.
All states require drivers to carry some form of auto insurance, but not everyone follows the law. Here’s what you need to do if you’re in an accident with an uninsured driver.
Auto Insurance Requirements
In Texas, drivers must have auto insurance to cover any accidents they may cause. This coverage helps with costs like vehicle damage and medical care, which can be high.
Texas drivers need at least $30,000 in coverage for each injured person, $60,000 per accident, and $25,000 for property damage. Many drivers choose coverage beyond these minimums.
What Is an Uninsured Driver?
Despite insurance laws, some drivers take the road without coverage. A study by the Insurance Research Council found that over 10% of Texas drivers are uninsured. This includes drivers who knowingly drive without coverage and those using a vehicle they aren’t covered for.
An accident with an uninsured driver can be alarming. Normally, you’d rely on their insurance for compensation. So what can you do when the other driver has no insurance?
Steps to Take After an Uninsured Accident
What you do right after an uninsured accident will affect the outcome of your case. Here are the essential steps:
- File a Police ReportNotify the police of the accident, even if it seems minor. A police report is essential evidence for future claims and helps document the accident scene.
- Gather DocumentationWhile waiting for the police, use your phone to take photos and videos of the scene. Capture damage to your vehicle and any visible injuries. This evidence will be important for any insurance claim or legal action.
Three Options for Seeking Compensation
After an uninsured accident, you have three options for recovering costs:
- File a Claim with Your Own InsuranceIf you have uninsured motorist coverage, file a claim with your insurer. This coverage can help pay for medical bills and vehicle damage, up to your policy limits.Move quickly, as you have a limited time to file. Submit the evidence from the accident, including proof that the other driver lacked insurance, if possible.If you don’t have uninsured motorist coverage, check if you have collision coverage, which may cover vehicle repairs but not medical bills.
- Use Health InsuranceIf you have injuries from the accident, your health insurance may cover medical expenses. However, this option isn’t ideal due to co-pays, deductibles, and coverage limits. Only use health insurance if other options are unavailable.
- File a Personal Injury LawsuitYou may be able to sue the uninsured driver directly. This option depends on whether the driver has enough assets to cover your costs. If the driver is financially stable, a lawsuit can help you get compensation. However, if they lack resources, a lawsuit may not be worthwhile.
Car Accident Help
Before deciding how to proceed, consider the other driver’s financial situation, your insurance coverage, and the accident’s impact. An experienced attorney can guide you on the best option for your case.
What to Do If You’ve Been Hit by an Uninsured Driver
A car accident with an uninsured driver can be challenging, but you don’t have to handle it alone. The steps above can help you make informed choices about your next moves.
If you need assistance, contact us anytime for expert legal guidance. An experienced car accident attorney can review your case and help you pursue the compensation you deserve.