Steps to Take if You're Injured by an Uninsured Driver in Texas

The aftermath of any personal injury is filled with stress, confusion, and trauma. However, you may be eligible for financial compensation if you or a loved one were harmed in an injury-causing accident that was another party's fault in Texas. The insurance policy of the negligent party or motorist will often cover your damages.

That said, it's important to understand the dos and don'ts of dealing with insurance companies in Texas, as well as your legal options if an uninsured driver in the Lone Star State hurts you. Unfortunately, these situations are all too common, with more than 13% of American drivers operating their vehicles without insurance. In either case, contacting a lawyer right away is essential to have the best chance of securing compensation.

Auto Insurance Laws in Texas

Like motorists in most other states, Texas motorists are required by law to maintain liability insurance. State law often requires a bare minimum of coverage. This insurance will cover the costs of any necessary medical attention, vehicle repairs, or a rental automobile if you are involved in an accident.

According to the Texas law on auto insurance coverage, the following are mandatory forms of liability insurance in the Lone Star State:

• Individual injury compensation of $30,000.
• Costs associated with injuries to two or more persons amount to $60,000.
• Damages to property are limited to $25,000 per incident.

Types of Motor Vehicle Insurance

In addition to mandatory liability insurance in Texas, motorists statewide are free to choose from various optional coverages. The following are among the many options drivers may choose:

• PIP Coverage: No matter who caused the accident, those with PIP insurance will get financial reimbursement for their medical bills and 80% of their lost income. Compensation in the event of an accident caused by a driver without insurance or with insufficient coverage is provided by this insurance for uninsured/underinsured motorists (UM/UIM).
• Uninsured Motorist Coverage: In Texas, drivers must have the same minimum liability and (UM/UIM) coverage, with individual injury compensation of $30,000. Meanwhile, costs associated with injuries to two or more persons amount to $60,000,  and damages to property are limited to $25,000 per incident.
• Comprehensive/Collision Coverage: If your car is damaged in an accident, collision insurance will pay to fix or replace it. By contrast, comprehensive insurance will pay to repair or replace if your car is stolen or destroyed in any way other than a collision, such as by sleet, hail, an animal, or a fire.
• Medical Care Coverage: This type of insurance covers related expenses, regardless of who was at fault for an accident.

Texas Fault Laws and Dealing with Insurers

Like many other states, Texas has an "at-fault" insurance system to resolve claims arising from vehicle accidents.

According to this theory, the at-fault party is typically responsible for covering the injured person's medical expenses and other expenditures from the accident. However, when the fault is shared or when a motorist is uninsured, other parties liable could include the carmaker or parts supplier. When an insured driver causes injuries or property damage, the insurance company has to cover payment up to the policy's limits. Again, insurance companies are frequently contacted by accident victims seeking compensation after a car crash.

Always report a wreck with an uninsured motorist to your insurance company. That said, notifying your insurance company as quickly as possible is crucial, even if you did not cause the collision, and especially if you were involved in a wreck with an uninsured motorist. All traffic accidents must be reported to your insurance company in accordance with the conditions of your policy, and an official police report must be made in Texas if any person involved is hurt or if property damage caused by the crash exceeds $1,000.

Moreover, make sure that you do not respond by phone or in writing to any insurance provider about your claim before speaking with an attorney. Whatever statements you make or put in writing to the insurance company about your accident claim might be used against you.

Here's what to do if any insurance company contacts you:

• Avoid answering questions, and don't go into any detail when describing your accident with your own insurer.
• Consult an attorney immediately.
• If your insurer or the other driver's provider has additional questions, direct both to your lawyer.

Uninsured Motorist Coverage in Texas

When you add uninsured motorist (UM) protection to your comprehensive vehicle insurance policy, you and your household members will be covered against accidents involving drivers who do not have enough insurance to pay their medical bills.

Your uninsured motorist coverage extends to anybody else who is a passenger in your vehicle or who is driving with your authorization. Therefore, the insurance policy covers everyone in the car regardless of who caused the accident.

Of course, your insurance won't cover someone else driving your car if it was stolen without your knowledge, but it will remain in place as long as you've given that person permission to use your vehicle. Generally, this coverage applies whenever an insured person is injured by a driver who is either uninsured (UM) or underinsured (UIM), which means that the driver does not have enough insurance to pay for all of the damages they caused.

Car Accidents with Uninsured Motorists in Texas

If an uninsured motorist causes your crash, you should file a claim just as you would if an insured driver caused the accident. Actions to take (and not take) include:

• Report the collision involving the uninsured motorist to the police. Even minor accidents or fender benders need to be reported and recorded.
• As mentioned above, notify your own insurance provider of the collision.
• Visit a medical professional as soon as you can.
• Start looking into any necessary vehicle repairs. Even if you're unsure how you'll pay for your vehicle's repairs if the other driver doesn't have insurance, you should still have your car fixed, particularly if you depend on it for daily transportation.
• Do not hesitate to contact an attorney in Texas after an accident. A lawyer can advise you on what to do and what not to do and may begin the case-building process right away.
• Don't accept responsibility or fault. Never, under any circumstances, apologize or accept any part of the blame for your crash. The at-fault driver or their attorney may try to use statements of guilt or a partial acceptance of fault against you.
• Don't consent to a settlement without consulting a lawyer. Never accept an uninsured driver's promise to pay for your losses out of pocket without having an attorney review their offer.
• Don't assume the worst; despite the difficulty of these cases, compensation is still possible. When you meet with your lawyer, they will help you explore all of your legal options.

Contact a Car Accident Attorney in Dallas

Getting in touch with a Dallas personal injury attorney as soon as possible is essential if you're dealing with the aftermath of an accident, particularly if an uninsured driver injured you in a car accident. You may find that you can collect compensation to help you meet current and anticipated expenses.

At the Rasansky Law Firm in Dallas, we've been helping people hurt in these uninsured motorist crashes for over three decades. In addition, we provide reliable legal counsel to our clients, thanks to our staff of experienced, compassionate car accident lawyers in Dallas.

Contact our Dallas injury lawyers at (214) 651-6100 for a free consultation at any time after you have sustained injuries in a Texas accident and need advice on what to do next.