Being in a car accident is stressful. Finding out the other driver lacks insurance adds to the stress. In Austin, TX, accidents with uninsured drivers are more common than you think.
Understanding Texas Insurance Requirements
Texas law requires all drivers to have minimum amounts of liability insurance. This coverage protects accident victims and ensures that responsible drivers can pay for any damages they cause. The minimums are:
- $30,000 for injuries per person
- $60,000 for injuries per accident
- $25,000 for property damage
Understanding these requirements is essential when dealing with insurance claims after an accident. Despite these requirements, approximately 13% of Texas drivers operate their vehicles without insurance. This means that about one in eight drivers on Texas roads lacks proper coverage.
What To Do After an Accident With an Uninsured Driver
If you’re involved in an accident with an uninsured driver, take these important steps:
- Call the police and file a report immediately. This creates an official record of the incident.
- Exchange information with the other driver, including their name, address, and phone number.
- Document everything at the scene, including photos of all vehicles, the accident location, and any visible injuries.
- Seek medical attention immediately, even if you don’t think you’re seriously hurt.
- Contact your insurance company to report the accident.
Remember never to admit fault or make statements that could be used against you later.
Your Insurance Coverage Options
When dealing with uninsured drivers, your own insurance policy becomes especially important. Texas drivers have several coverage options that can help:
Uninsured/Underinsured Motorist (UM/UIM) Coverage
This coverage specifically protects you when an uninsured driver hits you. While not mandatory in Texas, it’s highly recommended for all drivers.
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle repairs
This coverage can be the difference between financial stability and significant hardship after an accident. According to the Texas Department of Insurance, drivers who reject this coverage must do so in writing.
Personal Injury Protection (PIP)
PIP covers your medical expenses and lost wages regardless of who caused the accident. Texas insurance companies must offer at least $2,500 in PIP coverage, though you can purchase more.
Collision Coverage
This optional coverage pays for repairs to your vehicle after an accident, regardless of fault.
Legal Options for Pursuing Compensation
When an uninsured driver hits you, you have several potential paths to recover damages:
Filing a Claim With Your Insurance
If you have UM/UIM coverage, your first step is typically to file a claim with your insurance company. Your insurer then assumes the responsibility of the at-fault driver’s insurance.
Personal Injury Lawsuit
You may be able to sue the uninsured driver directly. However, collecting a judgment can be difficult if the driver lacks financial resources.
Exploring Third-Party Liability
In some cases, other parties might share responsibility for your accident and resulting injuries.
- The vehicle owner (if different from the driver)
- The driver’s employer (if the accident occurred during work duties)
- A vehicle manufacturer (if a defect contributed to the crash)
Identifying all potentially liable parties requires thorough investigation and legal expertise.
The Importance of Acting Quickly
Texas has a statute of limitations that gives you two years from the accident date to file a lawsuit. Waiting too long can permanently bar your right to compensation. Additionally, evidence tends to disappear over time. Witness memories fade, physical evidence gets lost, and surveillance footage may be erased.
How a Personal Injury Attorney Can Help
Navigating an accident with an uninsured driver requires specialized knowledge of insurance laws and personal injury claims. A personal injury attorney can help by:
- Investigate your accident thoroughly
- Identify all possible sources of compensation
- Handle all communications with insurance companies
- Calculate the full value of your damages
- Negotiate aggressively on your behalf
- Take your case to trial if necessary
Being hit by a non-covered driver shouldn’t leave you financially devastated. An Austin car accident attorney can help you understand your rights and pursue all available compensation.
Contact our Personal Injury Lawyers at McMinn Personal Injury Lawyers for Legal Help With Your Case
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500, Suite 290, Salt Lake City, UT 84104
(512) 474-0222
