Can I Recover Damages After a Car Crash with an Uninsured Driver?

 Posted on August 16, 2021 in Uncategorized

Car accidents can be emotionally and financially exhausting. A passenger or driver who is injured in a motor vehicle crash will likely face substantial medical bills and lost wages if he or she has to miss work. While many people may assume that the at-fault driver will be ordered to pay for the financial burden of the case, the responsibility typically falls on the driver's insurance company. However, a surprisingly large number of Texas drivers do not carry insurance, and car accident victims should be aware of their options for recovering damages under these circumstances.

After an Accident with An Uninsured Driver

After an accident, an adult vehicle occupant's first priority should be to assess any injuries and call the police. The driver should make sure that their vehicle is out of the way of danger and then take the proper care to exchange names, addresses, vehicle information, and phone numbers with the other driver. Additionally, the drivers should exchange insurance information. Drivers should keep their insurance information readily available and promptly notify their insurance company after a collision (but NEVER provide a recorded statement).

In the state of Texas, drivers are required to carry basic liability insurance coverage; however, 14.1% of Texas drivers are uninsured. Drivers who fail to insure their vehicles can be fined up to $1,000, face suspended driving privileges, and risk vehicle impoundment. Furthermore, if an uninsured driver causes an accident resulting in severe injuries or fatality, they may face up to a year in jail and a maximum fine of $4,000.

Available Options to Recover Damages After the Accident

In the event of a motor vehicle accident involving an uninsured or underinsured driver, injured victims may feel like there is no avenue for them to pursue damages. In many instances, even when the liable party does carry insurance, it may not be sufficient to cover expenses related to catastrophic injuries.

However, it is often possible for an injury victim to file a claim through their own uninsured or underinsured motorist coverage, since Texas requires auto insurance providers to offer this coverage. Filing a claim can allow the injury victim to secure compensation for medical bills, lost wages, and pain and suffering beyond what may be available through a personal injury claim against the at-fault driver.

Contact a Plano Car Accident Attorney Today

An injured crash victim should have a personal injury expert to discover whether the at-fault parties carry sufficient insurance. If sufficient at-fault insurance is not available, a qualified personal injury attorney can start the process of pursuing an uninsured or underinsured motorist claim. However, many insurance companies do not handle these claims in good faith; thus a qualified personal injury attorney can work to overcome these obstacles and help a victim recover full and fair compensation. Our Collin County car crash attorneys can help you navigate an uninsured motorist claim and secure fair compensation for a wide range of car accident cases, including: rollover crashes, accidents caused by drunk driving, T-bone crashes, and head-on collisions. Contact Burress Injury Law to schedule a free consultation by calling 214-726-0016.

Sources:
TXDOT - Collisions
One in Eight Drivers Uninsured
Penalties for Driving Without Insurance in Texas