After being in a car accident, one often wonders if the at-fault driver had insurance. If not, the victim is dealing with an underinsured/uninsured driver. It's harder to recover fair compensation because one must go through one's own insurance policy and deal with the at-fault party by putting in a personal injury lawsuit.
Ultimately, it's wise to work with Schuerger Shunnarah Trial Attorneys because the lawyers here go to war for Hou. They can assist with the uninsured motorist claim and delayed chest pain after car accident. Let's learn more about how underinsured/uninsured motorist coverage works.
First Steps for Dealing with the Insurance Company
If the other driver had no insurance, the victim can still get compensation for their injuries under their UM/UIM (uninsured/underinsured motorist coverage) policy.
A UIM/UM claim gets filed with the victim's own insurance company. Then, if the other driver had some sort of coverage and the victim suffered from damages exceeding that policy, they would pursue the claim against the driver's insurance and file a claim with their own insurance company.
Immediately after the accident, the victim should review their insurance policy and determine the type of coverage they had, including PIP coverage and UM/UIM insurance. With PIP coverage, they can file immediately, which will pay if the accident meets specific criteria.
However, if the other driver had minimum insurance or wasn't insured, there's a short time frame to file the UM/UIM claim. Texas law doesn't allow insurance companies to raise policyholder premiums when filing for such uninsured motorist coverage if they require and use it.
Tort Liability State Meaning
The state regulates car insurance, and each one has different requirements when it's time to determine financial responsibility in a car accident. Ultimately, there are four categories of car insurance: tort liability, choice no-fault, no-fault, or add-on.
Texas is considered a tort liability state, so there are no restrictions in place for a wrongful death or personal injury lawsuit.
Ultimately, Texas has a required minimum for liability insurance coverage. This pays the other drivers if they're hurt in an accident. The minimum requirements in Texas are 30/60/25, so a driver must have:
$30,000 per person of bodily injury coverage (this is the maximum amount to cover one person hurt in a car accident)
$60,000 per accident of bodily injury coverage (this is the maximum amount covering an accident when multiple people are injured)
$25,000 per accident for property damage coverage (this is the maximum amount that covers property damage in the car accident)
Those are the requirements drivers must meet to legally drive. However, those minimums don't cover the victim or their vehicle, and it's probably not sufficient.
Personal Injury Protection (PIP) is also available in Texas. This is no-fault coverage covering the reasonable and necessary medical expenses arising from a car accident. It's payable, even if the victim is at fault. They don't even need a police report to file a claim for such benefits.
Financial advisors and personal injury attorneys often recommend drivers have more than the minimum requirements. They can also advise on overcoming the fear of driving after a car crash likewise, uninsured/underinsured motorist coverage is essential.
Texas Uninsured Motorist Coverage
In a sense, if one is in a car accident in Texas, there is a one in eight chance the driver won't have insurance.
When one buys a car insurance policy in Texas, the insurance company must offer uninsured motorist coverage and underinsured motorist coverage. People can waive their right to have the coverage, but UM/UIM will cover the victim in these scenarios:
They are hurt by a hit-and-run driver who fled the scene.
The damages are beyond the liability limit of the at-fault driver.
They're injured by someone in a stolen car.
It's often wise to figure out how to afford UM/UIM insurance because getting injured by an uninsured driver can have financial consequences.
What to Do If the Victim Shares Part of the Blame
Texas uses the modified comparative negligence approach. Therefore, if the victim is at fault, their damages are reduced. However, the negligence can't be higher than the defendant's, so if the victim is 51 percent or more responsible, they receive nothing and must use their health insurance to cover their injuries.
Determining Potential Options for Financial Recovery
Texas law states that everyone contributing to the accident must share the consequences. Therefore, after being in an accident with an uninsured driver, it's crucial to perform an investigation. The vehicle accident attorney in Houston can determine any other financial recovery options. For example, a bicyclist or company might have contributed to the accident, so the victim can claim damages from them, too.
Once the victim's insurance benefits are exhausted, they must file a claim with the uninsured motorists and other responsible parties.
What to Do After Being in a Crash with an Uninsured Driver
The aftermath of being in an accident with an uninsured driver is overwhelming, so here are the steps to take:
1. Call the Police
If there is damage to the vehicle or an injury, one must call 911 or the police. They will document all facts of the case and provide a police report. An uninsured driver could also be cited.
2. Take Photos
Victims should document the accident scene, taking videos and pictures of the license plate of the negligent driver. It's also wise to get contact information from everyone there or involved.
3. Seek Medical Attention
The victim should use their health insurance to get medical attention quickly. This will document the injuries.
4. Contact the Car Insurance Company
A victim should contact the insurance company and offer the facts. They should then ask about their uninsured motorist coverage if the at-fault party was an underinsured driver.
5. Call an Experienced Car Accident Lawyer
When dealing with an uninsured motorist, it's wise to call a lawyer to help with the personal injury claim.
Damages Available for Car Accident Claims When the Other Driver Had No Insurance
Dealing with an uninsured or underinsured driver can be overwhelming. The victim might have to put in an underinsured/uninsured motorist claim to cover damages like:
Pain and suffering
Loss of earning capacity
Lost wages
Medical bills
Work with a Personal Injury Attorney Today!
A negligent driver should be held financially responsible for covering a victim's medical bills and other damages. If they weren't insured, the victim must deal with uninsured motorist claims. Schuerger Shunnarah Trial Attorneys can assist. Request a free consultation today!