The At-Fault Driver is Uninsured or Underinsured

While most drivers have insurance, victims still deal with claims when the at-fault driver is underinsured or uninsured. Here's what to do.
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Staff Writer, @DooleyNotedLaw

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Most drivers purchase comprehensive and/or liability insurance. Yet, people still drive underinsured or with no insurance at all. Thus, we want you to prepare yourself if you’re in an accident where the at-fault driver is uninsured or underinsured.

Car Accident To-Do’s

Regardless of whether the at-fault party has insurance or not, it’s essential to follow specific steps after an accident. You can read our blog here for more details on what to do following a car accident.

Above all, it’s crucial to remain calm to avoid further injury. You may be feeling a range of emotions from shock to anger, especially if this is your first accident.

Move your vehicle to the shoulder or side of the road to avoid being hit by oncoming traffic. If you’re unable to move your car, turn on your hazard lights and wait for help.

Here are some important things you should do following a car accident:

  • Check for injuries and call 911 if necessary
  • Exchange insurance information with the other driver(s)
  • Take photos of the damage and scene
  • Get the contact information of any witnesses

Can I file a claim against an at-fault driver who is underinsured or uninsured?

The short answer is yes. However, depending on the financial circumstances of the at-fault party, they may not be able to cover your damages out of pocket. You can make a claim for uninsured motorist benefits, but that can be a long and challenging process. Unfortunately, your own insurance company will not be eager to pay this claim. 

Another option is making a complaint with the Texas Department of Public Safety (DPS). They may be able to help you cover some of the accident costs. 

Here are the five requirements you need to be able to make a claim to DPS:

  • The date of the accident is less than one year and ten months 
  • The accident occurred on a public highway
  • An accident report stating that the at-fault party does not have insurance
  • The accident report clearly stating that you were not at fault for the collision
  • Total damages must be at least $1,000

Apply for Underinsured/Uninsured Motorist Coverage

There are two types of optional car insurance coverage in Texas. These types of coverage can help if you are in an accident with someone who doesn’t have any insurance or doesn’t have enough insurance. The coverage types are called uninsured and underinsured motorist coverage. Ultimately, these types of coverage mean that your insurance company will help pay for damages caused by the other driver.

An additional type of coverage is called personal injury protection (PIP). A PIP signifies that your insurance company will help pay for your medical expenses, no matter who is at-fault.

Without either of these types of coverage, you may not be able to receive enough money to cover your damages. However, you should contact a personal injury lawyer in Texas to discuss your legal options. Moreover, at-fault drivers are liable for damages even if they don’t have car insurance. An experienced lawyer can help you receive the compensation you deserve. Contact us today for a free consultation!

Filing a Lawsuit

If the other person does not have insurance or has too little insurance, you can file a personal injury lawsuit. In Texas, the goal of a lawsuit is to compensate you for the injuries/damages you suffered. Besides, the driver who caused the accident (or their insurance company) should have to pay you for what they took from you. The number of damages you are entitled to depends on the severity of your injuries. This may include medical expenses, pain and suffering, vehicle damage, and more. 

If you are in an accident with an uninsured or underinsured driver, it can be very frustrating. You might not know what to do next. Nonetheless, that’s where an insurance dispute lawyer in Texas can help. They can help make sure you get the compensation you deserve.

Why hire an Insurance Dispute Lawyer in Texas?

It would be best if you never tried to fight an insurance company or lawsuit yourself. Instead, you need an insurance dispute lawyer in Texas who knows what they are doing. They will be able to help you every step of the way.

An insurance dispute lawyer in Texas can:

  • Help you file a lawsuit
  • Negotiate with the other party’s insurance company
  • Fight for your rights in court

If you were in an accident where the at-fault driver is uninsured or underinsured, do not hesitate to contact Dooley Noted today. Further, your first consultation is always free. Let’s discuss your case and how we can help you win.

The contents of this post, and the posting and viewing of the information on this post, should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. An attorney should be contacted for advice on specific legal issues.

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