What should you do if a driver hits you with no insurance? Find out your options with the help of a Houston uninsured motorist accident lawyer. When you get into an accident, it throws a cramp in your entire day. You may be suffering from injuries and must deal with your vehicle being in bad condition.
Things can be even more complicated when you find out the other driver is uninsured. An uninsured driver can create confusion about what steps you need to take next. You might be wondering if you can recover the damages you have incurred in an accident with an uninsured driver. If so, how can you do so?
Houston uninsured motorist accident lawyers are equipped to guide you through the process of collecting the compensation you deserve for your personal injuries and other damages. Understanding the laws in Texas and how you can proceed forward to recover damages is the first step in your journey.
Insurance Laws
Just like any other state, Texas requires that everyone have insurance. Drivers should be able to cover the damages they are responsible for if they get into an accident with another driver. Most drivers purchase auto insurance, but a small percentage of them do not.
In many instances, drivers need more than that because the damages they cause could cost more. When this occurs, the driver is underinsured but not uninsured. That means they had insurance, but it wasn't sufficient to take care of everything.
In the case of a driver with no insurance (uninsured), you can find help from a Houston uninsured motorist accident lawyer in recovering the losses you've incurred.
Determining Who Is at Fault
When an accident first occurs with an uninsured driver, it's important to determine who was at fault. If the other driver plowed into you, and you were not at fault, then it's a clear case, without questions. However, most accident cases are not that “open and shut.” Usually, there is some blame that can be distributed to both parties. The insurers and courts can help determine each driver's responsibility. A percentage of fault can be given to each driver.
Statute of Limitations
In addition to the law about how the award amount is divided, there is also a statute of limitations. This dictates the time you must file a lawsuit. The Texas Civil Practice & Remedies Code section 16.003 allows plaintiffs up to two years from the time of the accident to make a personal injury claim for a vehicle accident.
What Are My Options for Coverage?
When getting into an accident with an uninsured motorist, you have a few options that can assist you with covering your damages. Let's look at each one:
Health Insurance
Your health insurance may help you with some of your injuries due to the accident. The only problem is medical insurance usually has co-pays, deductibles, and other costs. Your insurance may not even cover everything. So, it could end up costing you quite a bit if you rely on this alone.
Your Car Insurance
Your car insurance most likely has uninsured motorist coverage. Unless you specifically requested to opt out of this coverage, you probably have it but weren't aware. This type of insurance comes automatically with your regular vehicle insurance in Texas.
The amount you can get from this insurance depends on your policy specifics. If you have a minimum policy, it may not be enough to cover everything. You can have a Houston uninsured motorist accident lawyer review your policy and assist you in obtaining the maximum amount allowed.
Filing a Lawsuit
The third option is for you to file a personal injury lawsuit against the uninsured driver. This option may or may not be the right choice for you. This option may be ideal if the driver has assets and financial means but lets their insurance lapse due to an oversight. However, if they don't have insurance because of a lack of funds, you won't get very far in obtaining money from them.
Get Help from a Houston Uninsured Motorist Accident Lawyers
We know that going through this process on your own can be confusing and challenging to navigate. Our priority is to help you understand your rights and help you determine what damages you may have, so you can receive a fair compensation.
The first step to take in recovering the damages from your injuries is to talk to a Houston uninsured motorist accident lawyer. They can review your health and vehicle insurance policies to see if seeking coverage from them can help take care of all your needs. They can also collect information about the other driver to determine if they have the means to pay for your injuries. That way, you can know the best path to take to collect your compensation for damages.
At the Dolman Law Group Accident Injury Lawyers, PA., we can provide you with a free case consultation, so you know where you stand. We can answer any questions you have regarding your case and ensure you have support through this difficult time. Contact the office today to get started.
Houston Office
6330 Gulf Fwy Suite 110
Houston, TX 77023
Phone: (281) 524-4370