Recovering from an auto wreck is never easy, but it can get much more complicated if you're in an accident with an uninsured driver. Unlike the traditional exchange of insurance information, there are extra steps you’ll need to take in the instance of an uninsured party to make sure you are safe and covered for your injuries.
You may also want to consider hiring qualified and experienced Pasadena Texas car accident lawyers to defend you, as these types of accidents are tricky.
Insurance Laws in Texas
According to our Houston car accident lawyers, in the state of Texas, it is illegal to drive without insurance. For this reason, if you were in an accident with an uninsured driver, you are allowed to hold them personally responsible for any injuries you incur. If you want to receive damages for the accident, including paying for medical bills, lost wages, and vehicle repairs, you have three options:
- Rely upon your own health insurance and pay other costs out of pocket
- File a claim via your uninsured motorist coverage
- File a personal injury lawsuit against the uninsured driver
Since no one wants to pay out of pocket for expenses, that is not usually an ideal option. Using your uninsured motorist coverage might be a good option. Many people are unaware of this coverage, but most do have it by default. When you purchase your car insurance in Texas, the insurer is required to tell you it is included, and you must opt out of it in writing. If you do not recall opting out, contact your insurance provider to see if it is in fact included and able to cover damages.
Filing a Claim With Experienced Houston Car Accident Lawyers
Whether you choose to file via your uninsured motorist policy or a lawsuit against the other driver, it’s important to understand every step of this complex process.
According to our Houston car accident lawyers, if you choose to use your uninsured motorist insurance, you will be filing against your own insurance company, automatically making them the adverse party. This means that just as if you were filing a claim with the other driver’s insurance (if they were to have it), your insurance company will now be taking the same stance as you.
If you carry the state minimum requirement of $30,000 worth of liability insurance, you may be able to recover that amount. In turn, a larger policy will allow you to seek a higher amount of damages.
Going through the claim process can be very confusing, so it is important to work with experienced Houston car accident lawyers. At SJ Injury Attorneys, our car accident attorneys are able to help you:
- Read and understand your insurance policy
- Investigate the accident to prove who was at fault
- File your claim and document your losses
- Negotiate a settlement
This is very difficult to do on your own and even more difficult if your insurance denies the claim or does not provide enough to pay all costs, meaning you will need to file a traditional lawsuit against the uninsured driver.