Thats why carrying uninsured motorist coverage in texas is so important. Individuals who have received damages due to a crash and who have obtained a judgment against a driver or owner of the vehicle involved, can request that the department suspend the drivers andor owners driver license as permitted by texas transportation code chapter 601. Should i use my uninsured motorist or collision coverage. The primary function of uninsured motorist coverage is to pay medical bills after a car accident with an uninsured driver. What happens when you get into a car accident with no. Justin smith is a car accident attorney with sloan law firm based in longview, texas. Our car accident attorneys know that the risk of being hit by an uninsured driver is real and that its important to make sure you are protected.
The following article provides information in response to this question and highlights common concerns. If your car accident was caused by an uninsured driver, your uninsured motorist um coverage will kick in, if you have it. This is extremely common question, particularly in houston, texas because nearly of all drivers in the state of texas do not have valid car insurance coverage at the time of an accident. Automobile insurance protects you financially by paying the other drivers car repair and medical bills if you cause an accident. The problem of underinsured and uninsured drivers in texas. In the words of the texas department of insurance, a fault system is one that requires drivers to pay for the accidents they cause. After a car accident, you can make a claim for bodily injury and a claim for property damage. Driving without insurance is not a victimless crime. However, its estimated that 25 percent of drivers in the fort worth area dont have the proper insurance, meaning that if youre in a wreck, theres a one in four chance that the other driver is uninsured.
Victim of uninsured driver accident houston, tx car. Mar 19, 2020 be aware of what can happen if an uninsured driver has an accident while driving your car. The penalties for driving without insurance in texas the balance. How tx uninsured and underinsured motorist coverage works. Subrogation in underinsureduninsured motorist cases. Thus the problem of being in an accident with an uninsured motorist continues to unnecessarily hurt the average texas family. If you have been injured in a car accident caused by a negligent motorist, request a.
An uninsured motorist is someone who illegally operates a vehicle without carrying liability insurance or meeting one of texas alternative criteria for establishing financial liability. Learn what to do if an uninsured driver hits you in texas. If you get into a car accident with an uninsured driver, start the claims process by calling your own insurance company. What happens if i am in a car accident with an uninsured. Its not uncommon for the atfault party in a texas car crash to to be uninsured or underinsured. In texas, pip covers medical expenses and lost wages related to an accident for the driver and passengers up to the policy limit, regardless of who caused the accident. Automobile insurance made easy texas department of insurance. If you were involved in a car accident with an uninsured or underinsured driver, contact the krist law firm, p. The law requires the motorist or operator of a vehicle to provide evidence of financial responsibility. Accidents involving uninsured or underinsured drivers in texas. As stated above, if a driver thats been excluded from your policy takes your car and causes an accident, you can be held liable.
You were injured in a texas car accident by an uninsured motorist and have bills piling up. The atfault driver looks panicked and when you ask him for his insurance information he tells you that he doesnt have any. Things get worse if an unlicensed driver has an accident in your car. In fact, a plurality of respondents guessed that the percentage of uninsured vehicles in texas is 30%, 10% higher than the actual percentage. Some estimates put the percentage of uninsured drivers in texas at between 20 and 25 percent. Texas has a faultbased auto insurance system, meaning the victim of an accident can hold the person who caused it fully liable for the injuries, property damage, and other losses they suffered. In this interview, he explains that umuim coverage is crucial, especially if youve been the victim of a hitandrun car accident. The penalties for driving without insurance in texas. Uninsuredunderinsured motorist coverage pays if youre hit by. Texas law requires drivers to show proof they can pay for the accidents they cause. Mar, 2018 learn what to do if an uninsured driver hits you in texas. You will get the minimum compensation the limit allow for an accident involving an uninsured driver under texas law.
Apr 10, 2016 i was hit by a driver who does not have insurance what can i do. Every driver in texas is required to carry a minimum amount of liability insurance to cover the losses of another driver in a motor vehicle accident. Dec 27, 2019 if youre in an accident caused by an uninsured or underinsured driver, your auto policys collision coverage will pay for damage to your car. If your car insurance policy doesnt include uim coverage, your options are limited. What to do after an accident with an uninsured motorist in texas. And although most drivers in texas comply with the law and carry at least these legal minimums, many do not. That is, of course, if you consider the following getting off lightly. The people who have been in a car accident with an uninsured driver have experienced firsthand the problems created by uninsured drivers. This scenario may not be a problem for your insurance company and they may provide coverage.
Call the police and make sure the responding officers also get the other drivers information and that they file a complete and detailed police report of the accident. Pastrana lawwere you in an accident with an uninsured driver. To recover damages under this policy rider, you have to have proof that the uninsured driver caused your damages due to their negligence. If youre in an accident with an uninsured driver, be sure to get all of his or her contact information. Txdps crash suspension texas department of public safety. Tips for handling an accident with an uninsured driver. How to handle a car accident with an uninsured driver in texas. Some states now limit the damages that an uninsured driver can recover following a car accident, even when they are not at fault.
If your friend takes your car without permission and is uninsured, you can expect your own car insurance coverage to pay. Second, the accident must have been the other drivers fault. Dealing with uninsuredunderinsured driver accidents can be a nightmare. Call mcminn law firm today for a free consultation of your car accident case. Jan 16, 2019 this sort of incident could be catastrophic if the uninsured driver was at fault, but even an accident where the uninsured driver isnt to blame can cause some anxiety. The intent of such provisions is to give persons insured under auto insurance policies and innocent third parties some of the insurance protection they would have enjoyed if the underinsured or uninsured driver with whom they are involved in an accident had maintained adequate insurance coverage on the underinsured or uninsured vehicle. What happens when youre involved in an accident with an uninsured or underinsured driver. As you might expect, this percentage significantly impacts the potential detrimental effect of an accident with an uninsured driver. Call the phone number on your insurance card and state that you have been in an accident with an uninsured motorist. What you need to know about uninsured motorist coverage. Aug 28, 2018 or, maybe the vehicle is insured, but the driver is not insured, such as an excluded driver. What happens in an accident with an uninsured driver.
When an uninsured motorist causes your texas car accident, you have options to recover compensation. When the department initiates suspension action against your. If youre ever hit with a life event like having an uninsured driver crash into at an intersection or. If that motorist got into an accident with no insurance, however, you may feel like getting the compensation you need and deserve is impossible. As soon as the atfault driver admits to not having car insurance, involve the police, even if it was a minor crash. Mar 17, 2020 how can it help if youve been in a texas car accident with an uninsured driver. Apr 06, 2020 this means that each driver has to take financial responsibility for any accident in which they are more than 50% at fault. But making it a legal requirement doesnt mean that someone will do it.
Uninsuredunderinsured driver accidents in texas the. Unfortunately, there are thousands of drivers on the road today who carry no car insurance on their vehicles in. Brian has the expertise to handle a hitandrun accident claim and will ensure that you are compensated fairly. Find out your options to recover money from the uninsured motorist.
Most drivers do this by buying auto liability insurance. When another driver has an accident in your car dmv. The first being, that the driver is legally licensed. Uninsured driver coverage in texas will cover your losses from a car or truck accident that you can show was due to the negligence of the other driver and the negligent driver carries no insurance. Our houston car accident attorneys will aggressively work to help you obtain financial compensation so you can move forward with your life after an accident. Texas has some pretty strict rules regarding driving without car insurance. What if the other driver in a texas car accident is uninsured. Mar 02, 2018 nationally, this figure is much lowercloser to 12 percent. Your driver license can be suspended under the texas safety responsibility act if you meet the following criteria. Even though liability auto insurance is mandatory in texas, this still happens more frequently than you might imagine. The first time you get caught driving without valid insurance in texas, you will probably get off pretty lightly, at least compared with other states.
When the driver is uninsured, an experienced personal injury attorney can assist you in filing a claim with your own insurance company if you carry uninsured motorist insuranceunderinsured motorist insurance. Depending on the kind of coverage you have, it can also pay to repair or replace your car if its damaged or stolen. Many in texas drive without uninsured motorist coverage. Unlike collision coverage, uninsured motorist coverage is predicated on the other driver being at fault. Uninsured and underinsured drivers can cause devastating accidents with confusion about how to obtain compensation for losses. That is the reason you should hire a veteran uninsured driver claim attorney in texas to offer assistance. Aug 21, 2012 dallas uninsured motorist crackdown viral message claims the traffic accident rate in dallas declined sharply after police began impounding uninsured vehicles largely owned by undocumented persons. Thats unfortunate, but since youre a savvy driver, you know to follow these tips on what to do if you get into an accident with an uninsured driver. In texas, an uninsured motorist um is described as one with no insurance, while an underinsured motorist uim is one whose liability insurance is insufficient to cover the other driver s damages in a specific accident. If you have an accident with an uninsured driver, your pip coverage will kick in to pay for damages if your carrier approves the claim. If the negligent driver had limited insurance, your insurance should pay the balance of what the driver cannot pay.
Liability insurance pays to repair or replace the other driver s car, or other damaged property, and pays other peoples medical expenses when youre at fault in an accident. What to do after an accident with an uninsured motorist. Car crash lawyers may be able to help you recover after a car accident with an underinsured or uninsured driver. If you are injured in a hitandrun accident caused by a driver who is never found, that driver is also considered uninsured by default. Can an uninsured driver hit by an insured driver file a claim. Either way, the driver is considered an uninsured motorist.
Dec 21, 2018 learn more about determining fault and liability in a texas car accident. Uninsured motorist um coverage pays out to cover your medical bills and other damages when the driver who caused your accident does not have liability coverage. Uninsuredunderinsured driver accidents in texas the krist. Your first instinct may be to file suit against the uninsured driver to recover the cost of your damages, but thats actually one of the least effective approaches to getting timely, fair compensation for your injuries and your property damage. Filing a claim using your uninsured motorist coverage in texas, you have a right to opt out of getting uninsured motorist coverage as part of your auto insurance. Call a houston car accident lawyer at the krist law firm. Texas uses a fault system when it comes to liability for a car accident. Oct 26, 2016 handling an accident with an uninsured driver in texas by rasansky law firm on october 26, 2016 personal injury leave a comment having a car accident is stressful enough, but when it involves an uninsured driver, it can become quite complicated. What to do if an uninsured driver hits you in texas. After an accident occurs, an injured driver, passenger, or pedestrian may decide to file a claim with his or her own auto insurance. I was hit by a driver who does not have insurance what can i do. Lending your car to an uninsured driver can be problematic. Even if you havent paid for uninsured or underinsured coverage you can still get compensation.
If you have major medical health coverage, it should pay for your treatment if youre injured. If you were hit by an uninsured driver in texas, state law allows you to hold the motorist who caused your accident responsible for the damages you suffered. If you were hit by a driver without insurance in texas, state law allows you to hold the motorist who caused your accident responsible for the damages you suffered. If you have been injured in a car accident caused by a negligent motorist, request a free consultation with our fort worth personal injury attorney at the law office of james m. What if i was in an accident with an uninsured motorist in texas. Jan 20, 2020 the other driver will seek damage recovery from his or her own insurance provider. What happens if an atfault driver is uninsured in texas. Drivers in texas are required to carry basic liability car insurance coverage. In texas, its illegal to drive a car without liability insurance.
Dec 14, 2016 if youve been in an accident in the houston area with an uninsured driver, contact brian white, an experienced and knowledgeable car accident lawyer. Because most accidents dont involve significant bodily injury, you will. What do i do after a car accident with an uninsured driver in. Texas has a consumer bill of rights for auto insurance. In a state where % of drivers flout the law and drive without car insurance, its not surprising that many motorists find themselves in a position where someone else has caused an accident, but doesnt have the means to pay. In texas, you have a one in five chance of having an accident with someone who is uninsured or underinsured. You must show this card when you have an accident, have your car inspected. What happens if you get hit by an uninsured driver in texas. The investigating officer lists contributing factors that indicate you were responsible. Uninsured driver accidents in fort worth anderson injury. However, if you decided to get this type of coverage, it can definitely help you if you are in an accident with an uninsured driver. Many states bar uninsured drivers from making a claim for noneconomic damages typically pain and suffering. To initiate driver license suspension, you must submit all 4 of the. After an accident, the injured parties generally file a claim based on the atfault drivers liability insurance policy.