If you are hit by an uninsured driver in Texas, there are a few things you can do to get compensation. Under state law, the driver is responsible for paying for your damages if they are at fault. However, you may need the help of a car accident attorney to get the compensation you deserve. With the help of a qualified attorney, you can get help covering lost wages, repairing your vehicle, and paying your medical expenses.
In general, there are three basic ways you can recuperate your expenses. For medical costs, you can rely on your health insurance. Then, you can personally pay the remainder of your costs.
The second option is to file a personal injury lawsuit against the other driver. If the court system finds them to be negligent, they will have to pay some or all of your costs.
Finally, you can file an insurance claim. If you have uninsured motorist coverage, your insurance will cover your expenses after you pay for your plan’s deductible.
What Happens If You Get in a Car Crash With an Uninsured Motorist in Texas?
While some states require uninsured motorist coverage, Texas does not. By law, the insurance agent must offer you uninsured motorist coverage when you buy insurance. However, you are not obligated to get this type of coverage. Because of this, some people only realize they don’t have coverage for uninsured motorists after they get in a car accident.
After the accident, the next step that you take will depend entirely on the type of coverage you have and how long you are willing to wait to get your expenses covered. If you have uninsured motorist coverage, the fastest option is to file a claim with your insurer and get your insurance to cover the cost of your accident. Your insurance must respond to your claim within 15 days. They have a limited amount of time to investigate and pay the claim under Texas law, so it shouldn’t take long to get a check from the insurer.
If you are uncertain about whether you have uninsured motorist coverage or not, an auto accident attorney can help. One of our lawyers can analyze your insurance policy and explain the type of coverage you have. Then, we can investigate the accident to determine who is liable and if we should file a lawsuit.
Afterward, the auto accident lawyer will compile proof that the uninsured driver was negligent and responsible for the accident. If you decide to proceed with the case, we can help you file your claim. We will document your losses so that you have evidence of the expenses you have incurred. Afterward, we will help you negotiate a fair settlement with your insurer.
If you don’t have uninsured motorist coverage, your main source of compensation will be from the other driver. In this case, we will still need to gather evidence of your injuries and repair costs. Then, an experienced car collision lawyer will help you file a lawsuit.
What Type of Damages Can You Get?
With the help of a car crash lawyer, you can learn more about the type of damages you can get for your car crash. The damages will depend on the facts and circumstances involved in the accident. A car crash attorney will review your prognosis, the severity of your injuries, and the hardships incurred following the accident.
Depending on the circumstances involved, we can try to recover a few different crash-related costs. We can try to recuperate property damage, current and future medical costs, lost wages, and lost potential earnings. Additionally, we can also go after the other driver for pain and suffering, disfigurement, and mental anguish.
What To Do After You Get in a Car Accident With an Uninsured Motorist
If you are in a car accident, there are a few things you should do to protect yourself. No matter what, you should never apologize for the accident. Instead, report the crash right away. Then, get medical attention for anyone who needs it.
Report the Accident
The first thing that you should do after you are in a car accident with an uninsured motorist is to call the police. Once the police arrive, they can gather facts about the case and determine who was the at-fault driver. This can make it easier for you to file an insurance claim or a lawsuit in the future.
Ask for a Copy of the Police Report
Before you or the officers leave the scene, ask for a copy of the police report. They can give you a phone number or website address where you can access the report once it is completed. Often, it is easier for the parties involved to get the report than it is for the insurance company. By getting the police report as quickly as possible, you can speed up the processing of your insurance claim.
Get Medical Attention
Do not hesitate to get medical attention for your injuries. Your car insurance, medical insurance, or the other party will end up paying for these costs. In addition to helping you build your case in the future, this early documentation is incredibly important for your physical health. Many injuries aren’t readily apparent after a crash because adrenaline from the accident can numb your sense of pain. By going to the hospital, you can get all of your injuries diagnosed and treated.
Contact Your Insurance Provider
By contacting your insurance provider, you can get your claim started. During this initial contact, you should let the insurer know that the other driver was uninsured and underinsured. Once you have reported the claim, the insurer has a set amount of time for investigating and evaluating it.
Store Important Documents and Evidence
If you receive repair receipts, medical bills, or other documents from the crash, store them in a safe location. You should also carefully keep track of any information from the accident, such as your case number. Later, these receipts and bills can be used if you need to prove your claim in court.
Talk to an Auto Accident Attorney
If you are severely injured in a wreck, you need the help of a car collision attorney. Car accidents can lead to lifelong injuries and extensive repair costs. With the help of a skilled attorney, you can seek compensation for your damages.
Should You Let Health Insurance Cover Your Medical Costs After the Accident?
You should talk to an auto accident attorney to determine the best course of action for your situation. Often, private health insurance plans will charge deductibles and copays. Because accidents cause extensive injuries, these costs can quickly add up.
Additionally, many insurance policies set limits on how much you can get. They may also limit the kind of therapies or medical treatments you are allowed to have. If you have long-term medical needs, this may be an issue.
File a Lawsuit
If your car insurance won’t cover the cost of the accident, the car accident lawyer may recommend filing a lawsuit. To succeed, the lawsuit must prove that the uninsured driver is at fault for the accident. For example, they may have been acting in a negligent or reckless way. Because of their negligent or reckless behavior, the accident occurred.
Even if you are partially responsible for the accident, Texas still allows you to sue for damages. However, this is not the case if you are more than 50% responsible for the accident.
If you win your lawsuit, the next challenge will be collecting your damages from the other party. When the other motorist doesn’t have insurance, they have to pay for the costs using their financial resources. Your lawyer may be able to help you assess the driver’s personal assets to determine how much they can pay.
Why Do You Need a Car Accident Lawyer?
You don’t want to pursue a lawsuit on your own. The Texas legal system is complex, and there are many different filing requirements you have to navigate. A qualified car accident attorney can ensure your case is filed in a timely manner.
Additionally, an auto accident lawyer knows what a good case looks like. If there isn’t strong evidence in your case, they can recommend an alternative course of action.
To pursue your case, the car crash lawyer will spend time gathering evidence. They will make sure you have the appropriate documentation and evidence. The other party won’t want to spend thousands of dollars on your medical and repair costs, so you need all the help you can get.
More importantly, you need to focus your energy on healing after the accident. When you’re severely injured, trying to learn the intricacies of collision laws and evidentiary rules is impossible. You need a professional to focus on the case so that you can devote your energy to your health.
After you hire an auto accident lawyer, they will handle the following activities for you.
- Filing legal paperwork.
- Interviewing witnesses.
- Discussing your legal options with you.
- Negotiating settlements.
- Pursuing the case in court.
If you wanted a surgery performed, you would go to a surgeon. You wouldn’t trust your body to someone who isn’t an expert. The same thing is true for car accident claims. When your health and financial security are on the line, you need to give your case to an experienced car crash lawyer.
Frequently Asked Questions
Over the years, we have found that clients have a few common questions about uninsured motorists and car crashes.
Can You File a Lawsuit Against an Uninsured Driver in Texas?
In Texas, you can file a lawsuit against the at-fault driver. Because filing a lawsuit can be complicated, it’s important to reach out to a car collision lawyer for help. While you focus on healing from your injuries, the car crash attorney can devote their energy to getting compensation for your damages.
How Long Does an Insurance Company Have To Pay a Claim in Texas?
After you file your initial claim, the insurance company has 15 days to respond. Once the insurance company receives all of the documentation from the accident, they have 15 days to approve or deny your claim. However, they can extend this amount by an additional 45 days in exceptional circumstances.
Will a Car Accident Affect My Future Insurance Premiums?
Even if someone else was responsible for your accident, you will still end up paying higher premiums. Normally, insurance companies base premiums on the policyholder’s risk profile, which comes from their age and driving record.
Unfortunately, getting into an accident can end up hurting your driving record. Even though it wasn’t your fault, the insurer will consider you to be a higher risk. As a result, you will have to pay a higher premium in the future.
Are Your Required To Have Uninsured Motorist Coverage in Texas?
Unlike some states, Texas doesn’t require uninsured motorist coverage. Insurers have to offer this type of coverage, but you aren’t legally required to buy it. However, you are required to opt out of this coverage in writing. If you don’t recall opting out, then your insurance plan likely includes coverage for uninsured motorists.
What Is the Difference Between an Uninsured and Underinsured Motorist?
After a car accident, you might hear people talk about uninsured and underinsured motorists. An uninsured motorist is someone who doesn’t have any insurance. If you file a lawsuit against them, they will have to pay the entire cost out of their pocket. Meanwhile, an underinsured motorist is someone who has insurance, but their insurance isn’t enough to cover the entire cost of the accident.
Get Help From a Car Collision Attorney in Texas
If you’re searching for an auto accident lawyer in Texas, we can help. Our team has years of experience in helping accident victims get the help they deserve. To learn more about the process, reach out to us today.