Car accidents involving uninsured or underinsured drivers are common in Texas and are deeply frustrating. Research indicates that about 14 percent of drivers nationwide don’t have insurance, meaning there’s about a one in seven chance that a crash will involve an uninsured driver. Here’s what to do if a driver without insurance or who has low coverage hits you:
Immediate Steps After an Uninsured/Underinsured Motorist Accident
You may have a brief window to protect yourself after an uninsured/underinsured motorist crash. Follow these steps to guard your rights and boost your chances of recovering fair compensation:
- Call the police – Always report the crash, especially if the other driver has no insurance or limited coverage. A police report can help support your claim later by verifying key details of the accident and showing who caused it.
- Get medical attention – Even if you don’t feel hurt right away, see a doctor anyway. Some injuries take time to show up, and thorough medical records are vital for your claim.
- Exchange information – Get the other driver’s name, contact info, and license plate number. If they admit they’re uninsured, make a note of it.
- Take photos and videos – Document the damage to your car, where the crash happened, your injuries, and any noticeable hazards. This visual evidence might be crucial for your legal case.
- Talk to witnesses – Ask anyone who saw the crash for their contact information. Their statements can support your account of the collision and help prove that the other driver caused it.
- Notify your insurance company – Tell them what happened, but don’t give any recorded statements until you speak to a lawyer.
- Contact an attorney – Recovering compensation for your injuries is harder if the other driver doesn’t have insurance or has minimal coverage. However, an attorney can evaluate your options and handle the necessary legal work to help you recover the money you need.
Recovering Compensation for an Uninsured/Underinsured Motorist Accident
While recovering compensation after an uninsured/underinsured motorist crash is challenging, you likely can recover compensation through other sources. Your options in these situations could include:
- Uninsured/Underinsured Motorist (UM/UIM) Coverage – If you have this coverage on your auto insurance policy, you can file a claim with your insurer to recover compensation. UM/UIM can help you with your medical bills, lost income, and other crash-related costs.
- Personal Injury Protection (PIP) – If your policy includes no-fault PIP coverage, it can help pay for your medical expenses and lost wages no matter who caused the crash.
- Health Insurance – Your health insurance may cover your medical treatments after the accident, though you may still have deductibles or copays.
- Suing Another Party Involved in the Crash – Someone else involved in an accident may have insurance or assets to cover your losses. For example, you can sue an automaker or parts manufacturer if a defective component caused or contributed to the crash.
- Filing a Lawsuit Against the At-Fault Driver – Drivers without insurance or who only carry the minimum required coverage usually don’t have many assets to pay for your injuries. However, the option is worth exploring, and an attorney can help you evaluate whether a lawsuit against the other driver is worthwhile.
Is Uninsured/Underinsured Motorist Coverage Mandatory in Texas?
Texas law requires insurance companies to offer UM/UIM coverage but doesn’t require you to buy it. However, you must decline this coverage in writing if you don’t want it, meaning you might have UM/UIM coverage without realizing it. Check your policy documents to see if you have UM/UIM coverage you can use.
Contact Our Houston Uninsured/Underinsured Motorist Accident Lawyers for Help
Mitchell Law, PLLC, can defend your rights and evaluate your options for recovering compensation after a collision with an uninsured or underinsured driver. Call now or complete our contact form for a free consultation.