What if The Other Driver Doesn’t Have Insurance in Friendswood, TX?
Dealing with the aftermath of a car accident can be stressful. You may be wondering who will pay for your car repairs and medical bills.
Typically, the person responsible for the accident has insurance coverage to pay for the damage they caused. Their insurance coverage will pay for both your property damage and your personal injuries. However, what happens if that driver does not have insurance?
Roughly 20% of drivers in Texas have no auto insurance. That means you have about a 1 in 5 chance of getting into an accident with someone who doesn’t have insurance. This can certainly add to the headache of dealing with an accident. Thankfully, there are still some ways you might be able to get compensation.
Who Is Responsible For Damages in Car Accidents in Texas?
Texas is NOT a “no-fault” auto insurance state. It follows a fault-based insurance system, which means that the driver who caused the accident is responsible for the damages.
Texas drivers are required to carry liability insurance to cover these types of damages. Minimum requirements for liability insurance in Texas are as follows:
- $30,000 bodily injury per person
- $60,000 bodily injury per accident
- $25,000 property damage
Unfortunately, many drivers cannot afford insurance or just simply refuse to pay for it. If one of those drivers causes an accident, the victim could be left facing some adverse financial consequences. Thankfully, there are some things you can do to help protect yourself from falling into this situation.
Can I Sue a Driver Who Doesn’t Have Insurance?
Yes, you can file a lawsuit against a driver who caused an accident even though they do not have insurance. If you are able to prove all the elements of your case, they can be held personally liable for the damages.
However, the other driver may not have the money or assets to pay for your damages. Even though you might win your lawsuit, you could still be stuck without compensation if the other driver has no money to pay the amount awarded to you.
If you decide to bring a lawsuit against the other driver, remember that your lawsuit must be filed within the Texas statute of limitations. For most personal injury cases, this timeframe is two years from the date of the accident. Failure to file your lawsuit before the deadline could cause you to lose all your rights to compensation from the other driver.
You likely now see the importance of having uninsured motorist coverage to help cover your bills after an accident with an uninsured driver. You can also seek the advice of an experienced personal injury attorney to learn about all your legal options.
Who Will Pay My Medical Bills If The Other Driver Has No Insurance?
If you sustain injuries in a car accident, your medical bills can really start to pile up. The more severe your injuries, the higher your medical bills are likely to be. Some common types of injuries suffered in Texas car accidents that result in substantial medical bills include:
- Brain injuries
- Broken bones
- Internal bleeding
- Spinal cord injuries
- Whiplash
- Amputation
- Dislocated joints
- Severe burns
Since Texas follows a fault-based insurance system, the driver who caused the accident is responsible for the damages. However, things can get a little more complicated if that driver does not have insurance. In that situation, your uninsured motorist coverage can help.
Uninsured motorist coverage is automobile insurance coverage that will pay for damages caused by an uninsured motorist. Although all automobile insurance companies in Texas must offer this coverage, you are not required to purchase it. If you do not wish to purchase this coverage, you must notify your insurance company in writing.
Your last option for getting compensation after an accident with an uninsured driver is to bring a personal injury lawsuit against the driver. While this is a viable option, your odds of actually receiving compensation may be low if the other driver has no insurance.
Am I Required to Have Uninsured Motorist Coverage in Texas?
No, you are not required to have uninsured motorist coverage in Texas. However, your insurance company must offer you this coverage. If you decide not to purchase it, you must decline this type of coverage in writing.
Since so many drivers in Texas do not have insurance, having uninsured motorist coverage is a good idea. This type of coverage could prevent you from being stuck with car repair expenses and medical bills if someone without insurance hits you. Otherwise, you might be put under financial strain after an accident.
How Much Will My Uninsured Motorist Coverage Pay?
The payment you receive from your uninsured motorist coverage is determined by the limits outlined in your policy. There are two primary types of uninsured motorist coverage: Uninsured Motorist Bodily Injury (UMBI) and Uninsured Motorist Property Damage (UMPD). UMBI is designed to cover injuries to you and your passengers, whereas UMPD helps pay for repairs to your vehicle. Each type of coverage has its own set of limits, which are applied separately.
For example, you may be able to purchase a UMBI policy that offers limits in $5,000 increments up to $25,000 for bodily injury per person. This means that your policy will pay a maximum of $25,000 for injuries to one person.
If you suffer a catastrophic injury, your damages could well exceed $25,000. In that case, you may be able to “stack” your coverage to increase your policy limits.
Consider an instance where you have 3 vehicles with uninsured motorist coverage and $25,000 policy limits. You may be able to stack this coverage, depending on the terms of your insurance policy, to get maximum compensation of $75,000 ($25,000 limits times 3 vehicles). If your insurance company refuses to stack your coverage, you might need the help of a personal injury attorney.
Contact the Texas Car Accident Lawyers of The Law Firm of Alton C. Todd Personal Injury Lawyers. Call us at (281) 992-8633 for Help Today
Please contact an experienced car accident lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to get a free initial consultation today. We have offices in Friendswood and Galveston, Texas. Call us at (281) 612-7550.
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
409-904-0753
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
