In Texas, if you were hit by a driver who didn’t have insurance, you may feel you are out of luck when it comes to recovering compensation for your injuries and car accident property damage. Fortunately, you do have options, but understanding how the law applies and what happens if you are hit by an uninsured driver in Texas can be confusing without skilled legal guidance from an uninsured motorist lawyer.
At J.D. Silva & Associates PLLC, we are committed to holding negligent parties accountable and fighting back against unfair insurance company tactics. You do not have to give up just because an uninsured driver harmed you. Instead of being unsure of your legal options, schedule a free consultation with an experienced car accident lawyer from our law firm to learn more.
How Uninsured Motorist Insurance Works in Texas
Texas is an at-fault state, which means anyone who causes a car accident is financially responsible for the injuries and property damage that result. The majority of auto insurance policies sold in Texas include some form of uninsured and underinsured motorist coverage. They cover not only accidents with uninsured drivers but also those with a driver who doesn’t have enough insurance to pay for your losses or someone who flees the scene (hit-and-run).
While these types of coverage are optional, your insurer must offer them to you when you purchase your car insurance. In fact, if you do not want to include this coverage, you must supply a written refusal for the company’s records. Filing a claim against uninsured or underinsured motorist insurance is very similar to filing any other insurance claim.
For an at-fault driver who is underinsured, you must first file a claim against their liability insurance. The policy will pay up to its limit, and your underinsured motorist coverage can help you pay the remaining costs. Even if you have all the right insurance coverage, insurance companies can make it very difficult to get the full payout you rightfully deserve for your injuries.
Determining Who Is Liable in an Uninsured Driver Accident
Just because someone doesn’t have insurance doesn’t mean they caused the car crash. It’s natural to assume fault against the other driver, but there may be other parties who bear some or all of the responsibility for your accident. A thorough investigation by a skilled personal injury lawyer can uncover their identities.
By examining the evidence, your car accident attorney may learn that a repair shop damaged the other driver’s brake system. This could have caused them to collide with you if they hadn’t been able to stop their car in time. Holding the repair shop accountable can provide an additional avenue for recovering the compensation you need.
Your attorney will rely on photos, videos, research, police reports, witness statements, and expert testimony to present a compelling argument. They can use this information to negotiate with insurance companies on your behalf and in the courtroom if you take your case before a judge. By working with accident reconstruction specialists, your trial lawyer can effectively demonstrate who is at fault and how they are financially liable for your damages.
Seeking Compensation After an Uninsured Motorist Accident
Ideally, you carry uninsured motorist insurance and can file your claim against that policy for your damages. If you do not have this coverage, you can use your health insurance instead. However, it’s wise to avoid this if possible. You will have to cover not only your own co-pays but also any additional costs out-of-pocket.
If the driver can be identified, your next best option is to file a personal injury lawsuit against the driver. It’s important to retain a qualified car accident attorney for this option since there are many details and procedures that must be followed precisely. Your lawyer can manage all of this while you concentrate on recovering from your injuries.
If you have substantial injuries, your medical bills may exhaust what your uninsured motorist policy provides. Insurance also usually only pays economic losses, which are those with a specific price tag. Your pain and suffering could be tremendous, and a personal injury lawsuit will give you the best chance of obtaining maximum financial compensation for those damages.
Types of Damages You Can Claim in a Car Accident Lawsuit
Whether filing an insurance claim or a lawsuit after a wreck, you have the right to request payment for your economic and non-economic losses. Economic damages include anything with a fixed value, such as your medical bills, lost income, and property damage. Non-economic losses are meant to acknowledge the emotional distress and other intangible ways your life has been affected.
Insurance companies will limit what they compensate victims for to only economic damages up to the amount of the policy. For example, if your uninsured motorist policy is only $5,000, the company will not pay more than that. This is when your auto accident attorney may advise you to move on to a lawsuit.
By filing a legal action, you become eligible to recover costs for your non-economic damages. If the uninsured driver committed acts that were heinous, malicious, or intentional, the judge in your case may elect to award punitive damages. Your personal injury attorney must meet a very high standard for these, so they are rare.
Why Should I Hire an Attorney for My Uninsured Motorist Accident?
Even if you have an advanced education, managing the details of an insurance claim or lawsuit is complicated. When you try to negotiate with the insurance adjusters, you are facing individuals who are very familiar with their policies and the law. They are focused on keeping their costs down, so they may use every technique possible to reduce or deny your claim.
An experienced car accident lawyer will not let this happen. They will push back to prevent the adjusters from taking advantage of you and advise you when they feel the company could offer a better settlement. Your lawyer will build the strongest case for you by doing the following:
- Collecting all relevant evidence about the crash
- Interviewing witnesses
- Collaborating with accident and medical experts
- Ensuring your injuries are fully diagnosed and documented
- Calculating a fair and appropriate estimate of your damages
- Preparing for court from the beginning to prevent delays
- Communicating with you consistently to inform your decisions
With a knowledgeable and compassionate legal team, you stay in charge of your case but leave the details to your attorney. With J.D. Silva & Associates, you can rely on our background and dedication to protect your legal rights in every situation. We are determined to maximize your compensation so you receive the justice you deserve.
You Must Act Quickly to File Your Uninsured Driver Accident Claim
If you are severely injured in a car accident, you may spend many weeks just trying to heal and get back to your regular life. The details of managing insurance claims may be the last thing on your mind. However, many insurance companies have short deadlines for filing a claim, and if you wait too long, they may refuse to pay.
If you decide you need to file a lawsuit to obtain full compensation, it’s important that you take action as soon as possible. The statute of limitations in Texas only allows two years from the date of your crash to file your case. If you wait too long, your lawyer may be unable to secure the right evidence to build your case.
In addition, the courts could refuse to hear your lawsuit if you miss the filing deadline. If this happens, you could be left paying all your costs by yourself, even if your attorney can demonstrate other parties are responsible for the crash. It costs nothing to schedule a case review with an accomplished car accident lawyer at J.D. Silva & Associates, where you can get solid advice on how to proceed.
Get Help With Your Uninsured Motorist Accident Claim in Texas
Many car accident victims who have been hit by uninsured drivers or have been injured in a hit-and-run accident require the help of an experienced uninsured motorist accident lawyer. A skilled attorney like those with J.D. Silva & Associates, PLLC can help you negotiate with your insurance company to get fair compensation.
We offer bilingual services in Spanish and Vietnamese, and we offer a contingency fee structure if we take your case. We are so confident we can be successful for you that if we do not secure a settlement or win at trial, you do not have to pay our fees. If you are currently fighting your insurance company to get the benefits you paid for or having to contest fault with your insurance company, contact the Pearland uninsured motorist lawyers at J.D. Silva & Associates today for a free consultation to learn your rights.