In a Car Accident with an Uninsured Driver – Here’s What You Need to Know

July 13, 2018

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In Texas, according to some estimates, nearly 20% of the drivers are uninsured. An accident with an uninsured driver means that you don’t have the option of filing a claim with the driver’s insurer. Instead, for such personal injury claims you can take recourse to uninsured or underinsured motor insurance claim filed with your own insurance provider. It is best to seek the services of a law firm that has dealt with such cases. The onus of proving that the other driver was at fault lies with you. Also, you need to file the claim within a specified deadline. Without a lawyer who knows what steps to take and how the legal system will view the case, you won’t make much headway. There’s a lot at stake, hospital bills, lost income, loss of earning capacity, pain and suffering…etc. If you’re not at fault then you need reparation.

Underinsured motor insurance comes into play when the other party has insurance but the cover is insufficient to pay for your medical expenses. Or, the liability caps on their policy are lower than the underinsured cover limits of your policy.

Uninsured motorist coverage will protect you from costs if you get into an accident with an uninsured driver. Without this cover, you will have to bear the medical expenses in the aftermath of such an accident.

If you have health insurance, you need to ascertain how this insurance comes into the picture when you’re involved in an accident with an uninsured driver. Will the health insurance cover you for the injuries you’ve suffered because of the accident? What are the caps and exclusions? If the auto insurance policy carries medical cover deductibles then will the health insurance policy bear those expenses? Which provider gets reimbursed in case both pay out for the same injuries and treatments?

The safe thing to do is to have Uninsured Motorist Coverage.

Even if you don’t have Uninsured Motorist Coverage, get in touch with a lawyer because there may be other insurance that could help you cover costs. Such insurance would include Uninsured Motorist Bodily Injury and Uninsured Motorist Property Damage. Look for such insurance types. You also have the option of suing the driver. A good attorney can weigh your chances of getting the maximum compensation quickly and act accordingly on your behalf.