Brasure Law Firm, PLLC

By: Chris Brasure

What Legal Steps Should You Follow When Involved in a Car Accident with an Uninsured Driver?

Blog Car Accidents

What Should I Do After a Car Accident with an Uninsured Driver?

In Texas, a “fault” state, all drivers must carry liability insurance to pay for the damages and injuries of the party they’ve collided with.
Most accidents in Texas require that you take the same basic steps after they’ve occurred. So, in most cases, since Texas is a “fault” state, you would usually file an insurance claim with the at-fault driver’s insurance company.

But, if the at-fault driver that caused the damage and your injuries is uninsured, you must usually contact your insurance carrier or possibly file a lawsuit against the uninsured driver.

However, most of the initial steps are the same, such as;

  • Getting immediate medical care for all parties at the scene.
  • Call the police so that an official report is done if you must file a lawsuit.
  • Gather as much photographic, video, and physical evidence at the scene.
  • Collect all the information you can about the other driver and anyone who witnessed the accident.
  • As soon as possible, call a local skilled car accident lawyer and tell them you’ve been in an accident and the other driver is not insured.

When you speak with your insurance company, they will tell you if you have uninsured or underinsured motorist coverage. This may be your first lifeline, as this part of your policy is precisely included to protect you after an accident with an uninsured driver.

Uninsured motorist coverage will help you pay for medical expenses, lost wages, property damage, and more. However, many times, significantly, if you’re injured, it may not be enough to cover all your needed costs. This is why, if you’re in an accident with an uninsured driver, the professional help, advice, and guidance of an Edinburg or McAllen personal injury lawyer is mandatory.

Can a Personal Injury Lawyer Help Me If an Uninsured Driver has hit me?

There are many significant reasons to contact a McAllen or Edinburg Car Accident lawyer if you’ve been in an accident where an uninsured driver was at fault.

This is especially true if you don’t have uninsured motorist coverage or your limits are too low to cover your damage or the cost of recovering from your injuries.  

After discussing the details of your case with your lawyer, your only valid legal option may be to file a personal injury lawsuit against the uninsured driver.

This usually involves taking legal action to hold the uninsured driver personally accountable for your losses, such as medical bills, property damage, lost wages, pain and suffering, and more.

However, you must note that although you have the legal right to prosecute a personal injury claim, your lawyer will explain several factors you must consider before deciding to move forward.

Considerations such as;

  • Proving liability in your case – To file a valid lawsuit and win, you and your lawyer must establish that the uninsured driver was at fault. Your lawyer is experienced and knows that this is done by demonstrating that their negligence or recklessness caused the collision and resulted in your injuries and damages.
  • Collecting damages from the uninsured driver – Let’s say you win your case. Collecting funds from an uninsured driver, not an insurance company, can be highly challenging. The uninsured driver, without insurance, simply may not have the funds to pay.
  • The other drivers’ personal assets – The uninsured driver may have personal or business assets that can cover your incurred costs, but this can be hard to assess. The amount may not be enough to cover your losses.

Obtaining the total amount of compensation you need from an uninsured motorist (or even your own insurance company) is always a highly challenging task, and that is why working with an experienced, empathetic, and aggressive personal injury lawyer is the only wise and prudent legal path to follow.

Are There Many Uninsured Drivers in Texas?

Unfortunately, the simple answer is yes, there are. Uninsured drivers are common on Texas roads. Recent statistics outline that Fourteen to Nineteen percent of Texas drivers are uninsured. This fact displays why it’s critical to understand the steps necessary in the event of you having an accident with an uninsured driver.

You also must note that driving without insurance in Texas is illegal. However, this fact still doesn’t deter some drivers from taking the risk, thus leaving responsible, insured drivers and their families in a precarious and possibly ultimately financially disastrous position.

Your well-versed and knowledgeable Edinburg car accident lawyer will thoroughly analyze your case and ensure you are fully aware of all your legal options to recover and financially thrive if you’re in this precarious legal position.

Do Uninsured Drivers Face Penalties in Texas?

In Texas, you are breaking the law and will face legal consequences if you are stopped driving without insurance or, worse, have an accident.

Just some of these penalties may include;

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

Some Texas drivers may be unaware that their policy was canceled or lapsed. If this has happened to you, you must obtain the professional legal help you need so your lawyer can take immediate steps to reinstate your policy and avoid additional penalties and disruptions in your life. Driving without insurance can cause you to lose everything, so it’s never wise or legal to do so.

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

Of course, every case differs, but if you’ve had an accident with an uninsured driver, you must immediately seek the qualified, knowledgeable, and empathetic professional legal help you need. Any accident is stressful enough, but if your vehicle has been damaged, or worse, you’ve been injured by an uninsured driver, you need thorough, dedicated, and attentive legal counsel to get the positive outcome you need.

The highly skilled, experienced, and empathetic car accident lawyers at the Brasure Law Firm, PLLC, are aware that many people don’t want to file a lawsuit for damages or injuries after their accident; however, there are times when this is the only way to get the complete and total 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 at your disposal to recover the total compensation you rightfully need and deserve.

By Brasure Law Firm, PLLC