What to Do if You Are Hit by an Uninsured Motorist in Texas
Originally published: March 26, 2018
Updated on: July 10, 2018
If you’re injured in a car accident involving an uninsured motorist, you do have options for getting the compensation you need to recover.
When car accidents occur, personal injuries can have a significant impact on your entire life. In addition to current and ongoing medical costs, you may find yourself unable to work, and lasting disabilities could potentially jeopardize your future financial security.
In this type of situation, most drivers rely on an insurance company settlement to provide the compensation they need to cover their losses. Unfortunately, the number of uninsured drivers involved in auto accidents El Paso, Texas and Las Cruces, New Mexico, as well as throughout the country – continues to increase each year.
According to a study conducted by the Insurance Research Council (IRC) in 2017, over one in every eight motorists nationwide is uninsured, which equates to 13 percent of all drivers. In New Mexico, almost 30 percent of all car crashes are caused by drivers who fail to carry the minimum liability coverage of their vehicle, which is why the uninsured driver laws in New Mexico require all insurance companies to provide uninsured motorist coverage when residents purchase liability coverage on their vehicles.
In Texas, however, this law is a little bit different, which is why Texans need to know their options if they are ever in a motor vehicle crash with an uninsured driver.
Uninsured Driver Laws in Texas Involving Crashes
In Texas, as in most states, drivers are required to carry a minimum amount of insurance coverage in the event that a car accident does occur. This basic coverage protects other drivers by covering their costs, while also protecting you from being personally liable through potential litigation. TexasSure operates the state’s insurance verification system, and they report that as many as one out of every five drivers on the road is uninsured – a higher percentage than the nationwide average. In an effort to apprehend these drivers and protect other motorists and their passengers from a car accident costs from uninsured drivers, a new bill was passed that requires law enforcement to verify drivers’ insurance status during traffic stops.
Senate Bill 1187 amends the Texas Transportation Code, which previously left verifying insurance through the state system to the police officers’ own judgment. As a result of the new law, uninsured drivers are more likely to be apprehended before they potentially cause an accident. Penalties under the Code for driving without insurance include hefty fines and even a possible jail sentence.
Seeking Compensation for Accidents Involving Uninsured Drivers
In the event you are injured in a commercial vehicle accident, truck accident, motorcycle accident, hit and run, or even a bicycle accident involving an uninsured driver, you have two potential options in seeking compensation:
What to do Immediately if you were injured in an accident with an uninsured driver:
- File a claim with your own insurance company. The Texas Department of Insurance advises that all drivers are required to have uninsured/underinsured motorist coverage to protect themselves if they are ever in an accident with an uninsured driver (or one who lacks enough insurance to cover your damages). Insurance companies are also required to issue Personal Injury Protection (PIP) insurance to all customers, which helps to cover some additional costs. While the insurer must provide you with it, it is important to recognize that you are free to refuse or to limit the total amount it covers.
- File a personal injury lawsuit against the at-fault driver. Depending on the circumstances surrounding your case, you may be able to file a personal injury lawsuit seeking compensation against an uninsured driver in court. Damages you may be entitled to include medical expenses, lost income, and pain and suffering.
When motor vehicle accidents occur and injuries happen, the best personal injury attorneys in El Paso, Texas and Las Cruces, New Mexico at Lovett Law Firm are here to fight for your rights. Reach out to our team by calling our office today at 915-757-9999 (El Paso, Texas) or 575-523-5555 (Las Cruces, New Mexico) to request a free initial consultation with our experienced car accident attorney.