Brasure Law Firm, PLLC

By: Chris Brasure

How Do Texas Laws Impact Compensation in Accidents Involving Uninsured Drivers?

Personal Injury

Are Uninsured Drivers Responsible for Damages If They’re At Fault?

Most of the Texas roads and highways are large, have a lot of traffic, and accidents happen daily. This is especially true in urban areas. So, every day, you are at risk of an accident, and this risk is made more complex because about 20% or more of Texas drivers don’t have car insurance.

Suppose you have an accident with an uninsured driver, and they are at fault. In that case, the legal situation is usually complicated, but under Texas laws, there are ways you can still seek compensation for damages, your injuries, and more.  

You must know that under Texas laws, all uninsured drivers can be held liable for the damages and injuries they may cause; however, collecting compensation can be legally complex and challenging. If the at-fault driver has no insurance, you may be left with high medical bills and other significant expenses, and the at-fault party may not have the financial means to cover your losses.

So, although they can be sued for compensation, all uninsured motorist claims are significantly more complicated. However, if you have uninsured driver coverage in your auto insurance policy, you can usually file a claim with your insurance company. Uninsured or underinsured driver coverage is designed to protect you in these dire situations where the at-fault driver is uninsured or underinsured.

Let’s say, however, that you don’t have uninsured motorist coverage. Then, you must explore other viable options to recover damages or pay for your medical bills.

If you are in this situation, the best legal path to follow is to consult with an experienced, thorough, and empathetic Edinburg personal injury car accident lawyer. They will explain all your rights and potential options to get the needed compensation. Even if you have uninsured driver’s protection in your policy, all insurers never like to pay out, and your skilled Edinburg or McAllen lawyer will know how to fight to obtain the financial help you and your family need.

What Should I Do If I’m In an Accident with an Uninsured Driver?

Being in a car accident is never a pleasant experience. Still, if the at-fault driver doesn’t have insurance, the entire situation will become even more complicated, and so will getting the compensation you’re entitled to.

Each case differs, but when you’ve had an accident with an uninsured driver, most of the things you do are the same as in any accident. However, you must always take specific steps to protect your rights, which will significantly help you get the compensation you deserve.

Some of these things are;

  • Report the accident to the police as soon as possible.
  • Gather all the comprehensive evidence at the scene (photos, witness info, video, and more).
  • Always seek immediate medical help for you, your passengers, or anyone at the scene.
  • Notify your insurance company as soon as you can.
  • Explore your legal options with a professional, whether the at-fault driver has insurance or not.
  • If you are dealing with an uninsured driver, immediately seek professional legal help and explore alternative ways to get the compensation you deserve.

Always remember that in Texas, uninsured drivers can, and should, be held liable for the damages and the injuries they cause; attempting to collect compensation, however, can be highly challenging, and the help of an experienced, skilled, and thorough Edinburg car accident lawyer is mandatory.

Is there a “No Pay, No Play” Under Texas Law?

Some states have a “no pay, no play” law in their statutes. So, if you’re an uninsured driver injured in an accident, you are not eligible to pursue compensation for your damages or injuries; no matter if you were the not-at-fault driver. This law may apply even when the uninsured driver is not at fault for the collision.

Fortunately, no such laws are in effect if you are the victim of an accident in Texas. However, this doesn’t mean you should even operate your vehicle without proper insurance.

This simply means that, as the victimized driver, you are not barred from recovering damages or compensation if an insured driver’s negligence caused the crash.

So, under Texas, as an uninsured driver, you are not prevented from pursuing compensation for damages or injuries caused by the other driver’s negligence.

Your skilled and knowledgeable Edinburg car accident lawyer can still file for damages or an injury claim in the same manner as if you were insured.

However, most insurance companies will attempt to use the fact that you were uninsured against you, making it far more challenging to get a fair settlement for your injuries and damages. They will usually argue that you were violating Texas law by driving without insurance and should not be eligible for the financial compensation you deserve. If this is your situation, you must have professional, skilled, and thorough legal advice and guidance; not doing so will significantly decrease your compensation or possibly cause you to lose your case altogether.

If I Don’t Have Auto Insurance, What Consequences May I Face?

Because Texas does not have a “no pay, no play” law, as an uninsured driver, you still violate the law and may face legal consequences if you are stopped driving without insurance or have an accident.

Just some of these penalties may include;

  • As an uninsured driver, you could face up to a $350 fine if it’s your first-time offense.
  • If you continue to drive without insurance, you could have your car impounded for up to 180 days and face fines of $1,000 or more.
  • Additionally, as a repeat offender, your driver’s license could be suspended for two years and, in some cases, more.

At times, some Texas drivers may be completely unaware that their policy was canceled or lapsed. If this has happened to you, get the professional legal help you need so immediate steps can be taken to reinstate your policy and avoid additional penalties and disruptions in your life.

I’ve Been in an Accident With an Uninsured Driver; How Should I Proceed?

Whether you’re uninsured and have had an accident or been in a wreck with an uninsured driver, it’s strongly recommended that you seek qualified, knowledgeable, and empathetic professional legal help immediately. No matter what side of the situation you’re in, you need thorough, dedicated, and attentive legal counsel now to get the positive outcome you need.

The highly experienced car accident lawyers at the Brasure Law Firm, PLLC, are aware that many people shy away from filing a lawsuit for damages or injuries after your accident; however, there are times when this is the only way to obtain the compensation you need and deserve.

Call them today at (956) 903-2873 for a free consultation on your case. They will thoroughly analyze the situation and explain all the legal options you and your family have.

By Brasure Law Firm, PLLC