Being involved in a car accident is a stressful and overwhelming experience but finding out the driver who hit you doesn’t have insurance or not enough of it can feel like a nightmare. So, what happens next? Are you stuck paying for everything out of pocket? The good news is that you still have options. Lastimado Texas will explain what to do if the at-fault driver was uninsured or underinsured, and how to protect yourself moving forward.
Uninsured vs. Underinsured Drivers
An uninsured driver is when the at-fault driver has no car insurance at all. Where an underinsured driver is when the at-fault driver has insurance, but their policy limits are too low to cover all your damages. In either case, you’re facing a situation where the other driver can’t fully pay for your medical bills, lost wages, or property damage.
What Are Your Options for Compensation?
Use Your Uninsured/Underinsured Motorist Coverage (UM/UIM): Most auto insurance policies include or offer UM/UIM coverage. This type of coverage is designed for exactly this situation.
• Uninsured Motorist (UM) coverage pays if you’re injured by a driver with no insurance.
• Underinsured Motorist (UIM) coverage kicks in when the other driver’s insurance isn’t enough to cover your damages.
If you have this protection, you can file a claim with your own insurance company, and they’ll compensate you up to your policy limits.
File a Personal Injury Lawsuit Against the At-Fault Driver: If the at-fault driver has no insurance or not enough you can sue them personally. However, this option has some downsides. Many uninsured drivers lack the assets or income to pay a judgment. Even if you win, collecting the money can be difficult. In some cases, your attorney may still recommend pursuing a lawsuit, especially if the other party has valuable property, multiple assets, or other sources of income.
Check for Other Liable Parties
Sometimes, other parties may share fault or have a legal responsibility for the accident, such as:
• An employer: If the at-fault driver was working at the time.
• A vehicle manufacturer: If a defect contributed to the crash.
An experienced personal injury lawyer can investigate and determine if other liable parties exist who can be held financially responsible.
What to Do Immediately After the Accident
If you suspect the other driver doesn’t have insurance or they tell you outright, follow these steps:
• Call the police: A police report is essential when dealing with uninsured drivers.
• Get their information: Even if they’re uninsured, collect their name, contact info, and vehicle details.
• Gather evidence: Take photos of the damage, scene, and any injuries.
• Notify your insurance company: Let them know the at-fault driver is uninsured or underinsured.
• Seek medical attention: Document your injuries right away.
• Talk to a personal injury lawyer: They can walk you through your legal and insurance options.
How to Protect Yourself Moving Forward
The best way to guard against uninsured or underinsured drivers is by reviewing your own insurance policy. Here’s what to look for:
• UM/UIM coverage: Make sure you have it and consider increasing your limits.
• Medical payments: This helps pay for medical bills regardless of who was at fault.
• Collision coverage: Covers your vehicle damage even if the other driver can’t pay.
Talk to your insurance agent to ensure you’re covered for worst-case scenarios.
Personal Injury Attorneys in Mansfield, TX (Just Minutes from Midlothian, Euless, Bedford, Irving, Hurst, Burleson, Kennedale, Grand Prairie, Duncanville, Waxahachie, Red Oak & Arlington, Texas)
Getting hit by an uninsured or underinsured driver can feel like you’re out of options but you’re not. A skilled attorney can help you get the best outcome from a terrible situation. Contact Lastimado Texas today.
