Imagine you’re driving down the road, minding your own business, when suddenly—crash! Your car jolts forward, and your heart races as you assess the damage. But then the shock sets in: the person who hit you has no insurance. 

Now, you’re facing not only car repairs and medical bills, but the headache of figuring out how to cover the costs when the person at fault has no financial safety net. What do you do next? It’s a scenario many hope to avoid, but unfortunately, it happens more often than we think—and navigating it can be a real challenge.

Getting hit by someone without insurance can be a stressful and complicated situation, particularly when it comes to dealing with medical bills, vehicle repairs, and potential legal issues. Navigating the aftermath of an accident without the coverage of the other party can involve legal processes and insurance claims that require careful attention to detail.

An experienced Texas car accident lawyer can help you through this complex legal process.

Understanding Uninsured Drivers in Texas

Texas law requires all drivers to have car insurance as proof that they can pay for accidents they cause. This is usually done by buying auto liability insurance, which pays to repair or replace the other driver’s car, damaged property, and medical expenses when you’re at fault.

Your insurance policy will have the following minimum limits:

• at least $30,000 in coverage for injuries per person,
• $60,000 per accident,
• And $25,000 for property damage.

In Texas, an uninsured driver is someone who operates a vehicle without the required insurance coverage. This typically means the driver does not have liability insurance. About 20 percent of drivers in Texas are uninsured. There are several common reasons why drivers in Texas may not have car insurance:

• Cost of insurance – many drivers in Texas find the cost of car insurance to be too expensive, especially if they are on a tight budget or have a history of accidents or violations. The cost can vary based on factors like age, driving record, and the type of vehicle owned, and some may choose to go without coverage to save money.
• Lack of awareness or knowledge – Some drivers may not fully understand Texas’ insurance requirements or the consequences of driving without insurance. They might not realize that they are legally required to carry a minimum level of liability insurance.
• Driving an older or inexpensive car – some drivers may feel that insurance is unnecessary if they own an older car that is worth very little. They may assume that the cost of insurance outweighs the value of the vehicle, especially if they believe it’s unlikely they’ll get into an accident.
• Unemployment or financial hardship – drivers facing financial difficulties or unemployment may prioritize other expenses over car insurance and let their policy lapse or never purchase it in the first place.
• Assumption that they won’t get caught – some drivers may take the risk of driving without insurance, assuming they won’t be caught by law enforcement or involved in an accident. They might think they can avoid the penalties or that they won’t be at fault in an accident.
• Lack of a vehicle – some drivers might not own a car but still drive occasionally, assuming they don’t need insurance because they aren’t regular drivers. This can be risky, as anyone driving a vehicle on public roads in Texas is required to have insurance.

How Uninsured Motorists Coverage Works

Uninsured motorist coverage is like an extra insurance policy to cover you when another driver is at fault in a collision and they’re uninsured or underinsured. This coverage is beneficial because you never know if the person who hits you has insurance or enough insurance to pay for damages and injuries.

According to the Texas Department of Insurance, uninsured coverage pays for:

• Vehicle repairs
• Car rentals
• Medical expenses
• Pain and suffering costs
• Diminished value of vehicle

It also helps in a hit-and-run situation where the other driver may not be found to pay for damages. Without uninsured motorist coverage, you could end up paying for medical bills or vehicle repairs out of pocket if you’re hit by an uninsured or underinsured driver.

Determining Liability in an Uninsured Driver Accident

The main question in any accident is whether one of the parties was negligent. Determining liability in uninsured driver accidents in Texas can present several challenges, both from a legal and practical perspective. In some cases, there may not be sufficient evidence to clearly establish fault. 

In Texas, comparative negligence plays a critical role in determining liability and the amount of compensation in accidents, including those involving uninsured drivers. Texas follows the modified comparative negligence rule with a 51% bar. This means that if you are 51% or more at fault for the accident, you are barred from recovering damages.

While police reports can provide insight, the report is not always definitive, and the parties involved may have differing accounts of the events. In such cases, witness testimony, surveillance footage, or accident reconstruction experts may be required to establish liability. However, if you are 50% or less at fault, you can still recover damages, though your recovery will be reduced by your percentage of fault.

Seeking Compensation After an Uninsured Motorist Accident

Seeking compensation after an uninsured motorist accident in Texas can be challenging but manageable if you understand your rights and options. In cases where the other driver is uninsured, compensation for damages can be pursued through various channels, depending on the specifics of the accident and your insurance coverage.

There are several potential options for pursuing compensation for damages. These options include:

• Uninsured motorist coverage
• Filing a claim with your health insurance or other personal injury protection
• Filing a lawsuit

If you do not have uninsured motorist coverage or if your damages exceed the limits of your policy, you can file a personal injury lawsuit against the at-fault driver.

If you have personal injury protection (PIP) or health insurance, you may be able to use these policies to cover medical expenses. If you don’t have PIP, your health insurance may cover your medical bills, but they may seek reimbursement if you recover damages from the at-fault driver.

This is a temporary solution until you can either collect compensation from the at-fault driver or your insurer. 

Why You Should Hire an Attorney for Your Uninsured Motorist Accident

Hiring an attorney after an accident with an uninsured driver in Texas can provide a number of benefits. Here are some key advantages:

• Expert knowledge of the law
• Maximizing your compensation
• Dealing with insurance companies
• Guidance on whether to sue
• Handling the legal process
• Fair settlement

An attorney ensures that your rights are protected, that you receive fair compensation, and that the legal process runs smoothly, ultimately helping you recover both physically and financially from the accident.

Thomas J. Henry Law Can Help With Your Uninsured Motorist Accident Claim

If you or a loved one have been injured in a car crash, contact Thomas J. Henry Law. Our experienced car accident attorneys have experience handling a multitude of injury accidents, no matter how severe the crash or injury. 

At Thomas J. Henry Law, we understand the stress and struggle faced after an unexpected accident or injury. In a time of uncertainty, we provide a sense of stability and prioritize our focus on getting clients’ lives back to normal.

Our firm will handle all negotiations, depositions, mediations, litigation, settlements, and court appearances to ensure you have a fair settlement. Financial help is also provided for clients we represent such as car rentals and cash advances on qualified cases.We have the experienced car wreck lawyers and financial resources that you need to achieve the real results from Texas accidents that you deserve.