Hurt in a Car Accident But Don't Have Insurance?

How does a lack of insurance affect a car accident injury claim?

By law, all drivers are required to carry liability auto insurance to cover any damages caused should you cause a car accident. That being said, quite a number of Texans drive without insurance due to various reasons.

While driving without insurance is irresponsible, it's an unfortunate reality for many. Statistics show that around 12% of all drivers are uninsured, and accidents caused by uninsured drivers often leave victims with serious injuries and no financial recourse.

No matter the circumstances, car accidents that result in an injury can be very complicated when it comes to insurance coverage, negligence, and liability. Your ability to recover compensation depends on several key factors.

If you've been injured in a Dallas car accident and have questions about insurance coverage, call us for a free consultation at (214) 651-6100 or email us using the contact form on this page. We'll explain the options available to you for no cost, and if you'd like us to handle your claim, we'll do so on a no-win, no-fee basis. Under no circumstances will you ever pay us a dime unless we win your claim and put money in your pocket.

Scenario 1 - I was the uninsured driver.

As a rule of thumb, it is important to note that even as an uninsured driver, you may still be able to collect compensation if you were involved in an accident that wasn’t your fault. The other insurance company may make the process difficult to impossible (and will certainly try to put as much blame on you as possible), but this is why it's very important to work with a good attorney. Luckily, most car accident attorneys work on a contingency (no-win, no-fee) basis, so there's no financial risk in hiring an attorney to handle the process from beginning to end.

While the insurance company will likely try to deny liability or push you to accept an insultingly low settlement offer, hiring an attorney insulates you from all of their underhanded tactics. Your attorney will show the insurance company that you mean business, and that you aren't giving up without a fight.

The fact that you were an uninsured driver at the time of the accident should have no bearing on your rights as the victim of someone else's negligence. You should be given every opportunity afforded to any other accident victim, and our Dallas attorneys can make sure you you are not taken advantage of by the other driver's insurance company.

Scenario 2 - The other driver has no insurance.

If the person that caused the accident does not have liability insurance, it will be hard to collect compensation directly from them — even if you take them to court and win a favorable judgment. It's completely unfair to victims, and exactly why the law requires all drivers to carry liability insurance. In our line of work, we hear from people experiencing this exact situation on a daily basis. It's unfortunate, but it's also important to understand that there may still be options.

If you have uninsured motorist (UIM) coverage on your own insurance policy, your best course of action would be to file an uninsured motorist claim. The State of Texas requires that auto insurance companies offer UIM coverage to all policyholders, and that those who decline must do so in writing. If you're unsure whether or not you have UIM coverage, refer to your policy's declaration page (we can also verify this for you for no cost).

As with any accident injury claim, even your own insurance company will do everything in their power to pay out as little as possible on an uninsured motorist claim. In order to ensure you get every penny you're owed, you need someone on your side who has experience handling car accident claims. Insurance companies may try to downplay your injuries in an effort to reduce the value of your claim, but it's our job to make sure that your rights are protected and that you're fully compensated for your damages.

Scenario 3 - I was a passenger during the accident.

If you were riding as a passenger in someone else's vehicle at the time of the accident, you will be covered by the at-fault driver's liability insurance policy. All liability policies in Texas include at least $60,000 of injury coverage per accident (up to $30,000 per person).

Depending on the severity of your injuries (and the number of victims), this may not be enough to cover the total damages caused by the accident. Because this money can run out, it's important to act quickly. The sooner your attorney can file a claim, the better your chances are of securing a fair payout.

If your damages exceed the driver's policy limits, you may need to file a supplementary UIM claim with your own car insurance company. Similarly, if the at-fault driver has no insurance coverage, your only options may be to file a UIM claim with your own car insurance company. If there is absolutely no auto insurance coverage available, your own personal health insurance policy should help cover your medical costs.

How an attorney may be able to help.

At Rasansky Law Firm, we understand the confusion that surrounds an auto accident. Our job is to handle your claim from beginning to end, while you focus on recovering. With nearly 30 years of success helping car accident victims in Dallas, you can trust that we will do everything in our power to give you the best chance at winning your claim and recovering the compensation you deserve.

Sometimes we discover that the at-fault driver (who claimed to be uninsured) actually does have a valid liability policy. Some drivers are told by their own insurance companies that they do not have UIM coverage, when in fact the coverage was never actually declined. Without knowing how to verify this information, you are often left at the mercy of the insurance company.