Although every motorist in the United States is required to have insurance coverage, not everyone has it. According to the Insurance Research Council (IRC), one in every seven drivers is uninsured. If you're involved in an auto accident with an uninsured driver, unfortunately your chances of recovering compensation may be very slim.
You may be forced to turn to your own insurance company for compensation to cover the damages incurred and ease your financial situation. San Antonio uninsured motorist accident lawyers can help you recover compensation from your insurer after a car accident involving an uninsured driver.
Why Hire Uninsured Motorist Accident Lawyers?
Being involved in an auto accident can be a traumatic experience. However, your situation can worsen if the at-fault driver has little or no insurance coverage to compensate you for your injuries and other damages incurred. In San Antonio, you can get uninsured and underinsured motorist coverage. This coverage will protect you if you're involved in an accident and the at-fault driver doesn't have insurance.
However, don't assume that seeking compensation from your own insurance company will be easy. Insurance companies will usually try to devalue or even outright deny your claim. That's why it's in your best interests to hire an uninsured motorist accident lawyer to fight for you against the insurance company and ensure that you get the compensation you deserve. Depending on your case, a lawyer may find it necessary to do the following:
- Investigate the accident to determine the cause
- Gather sufficient evidence to prove your claim
- File an uninsured motorist claim on your behalf
- Evaluate your injuries and damages to determine your claim's worth
- Advise you on the available legal options and the best one to take
- Negotiate a fair settlement with the insurance adjusters
- Take your case to trial if a fair settlement isn't reached
Recovering Compensation
If you're involved in an auto accident caused by an uninsured motorist, you could recover financial compensation in various ways, including:
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Uninsured/Underinsured Motorist Coverage
In Texas, motorists are not required to purchase uninsured or underinsured motorist coverage. However, under Texas law, insurance companies must offer this uninsured/underinsured motorist coverage to those purchasing an auto insurance policy. If you choose to decline the coverage, you must do so in writing.
Uninsured motorist coverage is a type of auto coverage that motorists purchase to protect themselves and their families against uninsured drivers. This coverage also comes in handy if you're involved in a hit-and-run accident or the at-fault driver provides false information, and the police cannot locate them.
On the other hand, underinsured motorist coverage is a type of auto insurance that motorists purchase to provide additional financial compensation when they're hit by a motorist who doesn't have sufficient auto coverage. Under Texas law, drivers must purchase at least $30,000 per victim and at least $60,000 per accident for bodily injury. You should also have a minimum of $25,000 per accident for property damage.
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Personal Injury Protection (PIP), Collision Coverage, and Medical Payments Insurance
If you've been involved in an accident with an uninsured motorist, you can explore multiple options to cover your expenses. You can use Personal Injury Protection (PIP) and medical payments insurance to cover medical costs related to your injuries. Additionally, PIP can also cover other damages resulting from the accident, including lost wages.
If necessary, collision coverage pays for vehicle repairs and replacement. The main benefit of these insurance policies is that they'll pay for your damages, regardless of who's at fault for the accident.
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Lawsuit Against the At-Fault Driver
If you don't have additional auto insurance coverage or the amount you can recover from them isn't enough, you can sue the at-fault driver. Your lawyer will review the at-fault driver's assets to determine if they can compensate you for the damages.
Once your case goes to trial, the driver will have to pay the amount ordered by the court. However, you must prove that the driver acted negligently to recover this compensation. If you win the case, you'll recover compensation to cover economic and non-economic damages, including:
- Past and future medical expenses
- Lost wages
- Property damage
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Diminished quality of life
If you're filing a wrongful death lawsuit on behalf of a deceased loved one, you might recover the following damages:
- Medical expenses before the victim's demise
- Loss of consortium
- Pain and suffering the victim endured before death
- Funeral and medical expenses
What to Do After an Accident With an Uninsured Motorist
Collisions with uninsured motorists can result in devastating injuries and property damage. After a collision with an uninsured motorist in San Antonio, there are several steps you should follow to protect your legal rights and strengthen your claim if you decide to pursue compensation. Here are the vital steps to take:
- Call 911 immediately
- Gather contact information and other details of the involved parties
- Document the accident scene
- Seek immediate medical attention
- Write down the contact details of the witnesses if present
- Reach out to a lawyer
Statute of Limitations
Under Texas law, victims of uninsured motorist accidents have two years to file a lawsuit against the at-fault driver. Failure to comply with this time limit will result in the dismissal of your case. Therefore, you should reach out to a San Antonio uninsured motorist accident lawyer as soon as possible to help you file the lawsuit within the legal time limit.
Let Us Handle Your Claim Today
If you'd like to file an uninsured motorist claim against your insurer, reach out to a San Antonio uninsured motorist accident lawyer at the Dolman Law Group. Contact us today for a free consultation, and let us pursue the claim on your behalf.
San Antonio Office
921 S St Mary's St #2
San Antonio, TX 78205
Phone: (210) 361-2039