Texas is an at-fault state, which means you normally file an insurance claim under the at-fault driver’s policy. Unfortunately, many Texas motorists are involved in accidents with uninsured drivers. This is a scenario that’s all too familiar to a car accident injury lawyer in San Antonio. Depending on circumstances, you may need to rely on your insurance, your own means, or file a personal injury lawsuit.
What To Do First
The uninsured driver has broken the law by driving on Texas roads without car insurance. They may not want to contact the authorities at the scene of the accident, but it is in your best interest to do so. You may have limited means of pursuing compensation for the accident, and you will need as much documentation as possible.
Make sure that you follow normal procedures after the accident, making sure that everyone is safe. Document as much as you can at the scene, including taking photographs. While the other driver doesn’t have an insurance policy for you to make a claim with, still take down their contact information for the future.
Can My Car Insurance Help?
Auto insurance requirements in Texas include $30,000 in injury liability, $25,000 in property damage, and up to $60,000 per accident. This coverage is for the at-fault driver, so if you are not at-fault, check your policy for uninsured motorist coverage. The law does not require you to have uninsured motorist coverage, but you would have to ask to have it excluded. Most drivers have no idea they’re paying for this optional coverage, but it can prove useful.
If you aren’t sure what your policy covers, try to look for uninsured motorist coverage in your policy. If you aren’t finding it, it’s best to ask a lawyer for help understanding the legal wording in your policy. They can investigate the policy, the accident, and help you determine your best means of getting fair compensation. To connect with a leading car accident attorney in San Antonio, click here.
Should I Use My Health Insurance?
If you have private health insurance, you will need to pay your co-pays and deductibles. Ideally, you will avoid having to use your private medical insurance to cover your injuries from the accident. This may be a particular hardship depending on how much you need to cover out of your own pocket as well.
If you have uninsured motorist insurance, it may cover a limited amount of medical expenses. This section in your policy may be called Personal Injury Protection (PIP). The PIP policy would also cover some of the lost wages you may have suffered. This policy is usually not very much money, but could be helpful if other means aren’t working for you.
Can a Car Accident Injury Lawyer in San Antonio File a Lawsuit For Me?
It may be possible to file a personal injury claim to recover compensation for the car accident. This can get complex fairly quickly, depending on your situation. The reality is that one in eight drivers is uninsured in the United States, though it is a legal requirement. Most often, uninsured drivers can’t afford insurance – in which case, suing them may not do much good, as you can’t get blood from a stone. Others choose not to get it because they are not eligible (they don’t have the legal right to drive), or are trying to stay legally anonymous and thus may be difficult to find at all.
If the uninsured driver couldn’t afford insurance, it’s unlikely that they will have assets you can pursue for compensation. The Texas Homestead Act limits what you can and cannot sue for. An attorney can investigate the uninsured driver and let you know whether suing them is a realistic means. They can also investigate who else may be involved.
A Third-Party Lawsuit
In some cases, there may be an involved third party who could be legally responsible for damages. For example, there may be another involved driver or pedestrian involved. If the driver was working at the time, their company may be involved. Other examples include government agencies, road construction crews, mechanics, and car manufacturers.
A third-party lawsuit will require some time and investigation on your attorney’s part. If they believe there is a case to be made, they can gather evidence and pursue this. However, you’ll want to get in touch with a lawyer as soon as possible because there are time limits. In Texas, you have two years to file any claims after a car accident.
Areas You Can Pursue Compensation For
If there is a third party involved, the extent of their involvement will determine what your attorney can pursue compensation for. You may be able to receive financial recovery due to the circumstances surrounding your accident. Your injuries, future recovery costs, property damage, and lost wages are all factors to be considered in your case.
Recovery after a car accident with an uninsured driver is a very complicated situation. An attorney will be able to perform an analysis of your situation to determine what options are available to you. It’s important to figure out your options as soon as possible, since some of your options have time limits.
