Texas highways can be large and full of traffic, especially in large cities like Houston. Despite the risks that come with driving, about 20% of drivers in Texas get behind the wheel every day without car insurance.
While car accidents with uninsured drivers can be complex, you can still seek compensation for your injuries.
Armstrong Lee & Baker LLP is a top Houston law firm that can help you after an accident with an uninsured driver. Our Houston car accident attorneys can investigate your case to hold all liable parties accountable.
To get started, contact us today.
The Basics of Texas Insurance Laws
Car insurance is mandatory in Texas. Under state law, all drivers need at least $30,000 of liability coverage per person for their injuries, with a total of $60,000 per accident.
Additionally, drivers must carry $25,000 of property damage coverage. You might hear this referred to as “30/60/25” coverage.
Any driver who doesn’t carry the required coverage can face penalties, such as fines and driver’s license suspension.
Immediate Steps to Take at the Accident Scene
Treat the accident the same as you would if the driver had insurance. Before leaving the accident scene, you need to ensure you are healthy and document key details about the accident.
These steps include:
- Contacting law enforcement;
- Gathering information from the uninsured driver;
- Taking photos of the accident;
- Collecting witness statements, and
- Seeking medical attention for urgent injuries.
Responding police officers will prepare a crash report. Do not leave the scene until the officers tell you how to obtain this report.
Get Medical Treatment
The adrenaline rush after an accident is strong. It might take a few days to notice unseen injuries. You might be tempted to tough it out, assuming any bumps and bruises will heal on their own.
But even if the impact felt minor, don’t underestimate the importance of seeking medical attention.
Some injuries, like whiplash or internal bleeding, can have delayed symptoms. Early diagnosis and treatment can prevent complications and speed up recovery.
Likewise, muscle strains, ligament tears, and sprains might seem minor. However, ignoring them can lead to chronic pain and disability down the line.
Seeing a doctor for a medical evaluation can help identify these injuries early and prevent future complications. Moreover, it establishes a clear link between your injuries and the accident, which is important for insurance claims and potential legal action.
Speak with an Attorney
Working with an attorney can help you understand your options after an accident with an uninsured driver. Lawyers undergo years of training to understand Texas insurance and personal injury laws.
They possess unique skills to understand who is at fault after these accidents and calculate a victim’s damages.
Possible Legal Options
In most accident cases, the liable parties report the accident to their insurer. The insurer reviews the case and provides compensation to victims.
You can’t follow this process when you are involved in an accident with an uninsured driver. However, you have several options available to seek compensation after you are injured by someone without car insurance.
Notify Your Insurance Company
Your attorney can help you file a claim with your auto insurance carrier. Depending on your policy, you might be eligible for compensation.
On one hand, your collision coverage might cover costs related to vehicle repairs and other property damage. Collision coverage usually has a no-fault provision, meaning that your coverage applies no matter who is responsible for an accident.
On the other hand, you may be eligible for compensation if you have Uninsured Motorist (UM) coverage. If so, this coverage can pay for medical expenses, lost wages, and other losses. However, UM coverage is optional in Texas. Our attorneys can review your policy to see if you qualify.
File a Lawsuit Against the Uninsured Driver
A personal injury lawsuit can help you recover compensation for your injuries. Filing a legal claim isn’t always the best option. Even if you win the case, you will only receive your financial award if the other side can afford to pay.
In some cases, drivers have few resources to provide adequate compensation, which may be why they never purchased auto insurance before the accident.
But in other instances, uninsured motorists might forget to renew their policies. These drivers might have ample resources and assets, so filing a claim could be advantageous.
Determining whether to file a lawsuit isn’t a simple process. Our law firm can investigate the uninsured driver to see if they have enough personal assets to make filing a lawsuit worthwhile.
Can You File a Lawsuit Against Other Liable Parties?
Accidents can happen for a variety of reasons. While the immediate focus may be on the drivers, there are instances where third parties may share responsibility. In these cases, you may be able to take legal action against these parties.
Pursuing the Driver’s Employer
Uninsured drivers sometimes cause accidents while on the job. If this happens, you may be able to sue the driver’s employer. Employers are responsible for their employees’ actions that occur during the course and scope of their employment.
Many employers challenge this liability, but our firm can investigate these cases to do our best to hold employers accountable.
Holding Manufacturers Accountable
Many accidents happen due to mechanical issues with the vehicle. These issues could involve electrical problems, defective airbags, or other manufacturing defects. Manufacturers have a responsibility to produce safe products.
Legal action can ensure they are held accountable for any oversights. If a defect in the vehicle played a role in the accident, filing a lawsuit against the manufacturer might be a viable option.
Filing Against Maintenance Providers
Mechanics must ensure they provide safe, reliable services. Some problems caused by mechanics can include improperly maintained brakes, faulty tires, or negligent repair work. If inadequate maintenance or negligent repairs contributed to the accident, you can file a lawsuit to hold maintenance providers accountable.
Schedule a Free Consultation
Armstrong Lee & Baker LLP is ready to fight for you after an accident with an uninsured driver. Our firm has over 60 years of combined experience litigating complex personal injury cases. We will pursue all options available to get you the compensation you deserve.
Contact our office today for a case evaluation.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf. In the process, he has recovered millions for his clients.