Getting into a car accident is stressful, and discovering that the other driver is uninsured can add to the challenge. In Texas, where about one in eight drivers lacks insurance, knowing the right steps can make a big difference.
- Understanding Texas Insurance Requirements
Texas law mandates drivers carry a minimum amount of liability insurance:
- $30,000 for each injured person
- $60,000 per accident
- $25,000 for property damage
However, many drivers in Texas are either uninsured or underinsured. This can complicate recovering damages if you’re involved in an accident with an uninsured driver.
- Steps to Take Immediately After the Accident
If you’re hit by an uninsured motorist, act promptly to protect your interests:
- Call the Police: Always involve law enforcement. The police report will be crucial for your insurance claim.
- Exchange Information: Even though the other driver lacks insurance, exchange contact details, driver’s license numbers, and vehicle information. This will aid your insurance company.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. Also, collect contact information from witnesses.
- Seek Medical Attention: Even if you don’t feel hurt, get medical attention right away. Some injuries may not be immediately apparent, and medical records are essential for your claim.
- Filing a Claim with Your Insurance Company
When dealing with an uninsured motorist, you’ll rely on your own insurance coverage:
- Uninsured Motorist (UM) Coverage: Texas law requires insurance companies to offer UM coverage. This covers medical expenses, lost wages, and other damages if an uninsured driver hits you. It also applies to hit-and-run accidents.
- Personal Injury Protection (PIP): Although optional, PIP can help cover medical bills, lost income, and other out-of-pocket expenses after an accident.
- Collision Coverage: If you have this coverage, it will pay for vehicle repairs regardless of who was at fault.
- The Role of Uninsured Motorist Property Damage (UMPD) Coverage
Uninsured Motorist Property Damage (UMPD) coverage is also significant. It helps repair your vehicle if an uninsured driver damages it. However, UMPD is not as commonly included in policies as UM coverage. Check your policy to see if you have it.
- Legal Options for Recovering Damages
If the uninsured motorist lacks assets to cover your damages, you may need to explore other recovery options:
- File a Lawsuit: You might be able to sue the uninsured driver for damages. However, this process can be lengthy and complex, and you’ll need to assess whether the driver has the financial means to pay a judgment.
- Explore Other Avenues: If the driver was working during the accident, their employer might be liable. Additionally, if a vehicle defect contributed to the accident, you could claim against the manufacturer.
- Protecting Yourself with Adequate Insurance
To safeguard yourself against uninsured motorists, ensure you have the right coverage:
- Opt for Higher UM Limits: Purchase higher UM limits than the state’s minimum to enhance your protection.
- Consider UMPD: If you lack collision coverage, adding UMPD to your policy can cover property damage caused by uninsured drivers.
- Review Your Policy Regularly: Regularly review your insurance policy with your agent to ensure you have adequate coverage.
Conclusion
Being hit by an uninsured motorist in Texas can be daunting, but knowing the right steps can help. By documenting the accident, using your insurance coverage, and seeking legal advice when necessary, you can maximize your chances of recovering the compensation you deserve.