What Happens if I Was Injured in a Car Accident and the Other Driver Didn’t Have Insurance?
You’ve been in a car accident and have suffered painful injuries. Every time you move, something hurts and you are reminded of what happened. It happened on your way to work and now every time you drive by the scene of the accident you get nervous and just want to get away.
Not only was this experience traumatic for you, but you found out the person who caused the accident doesn’t even have any insurance. What now? Who is going to cover the damages on your car and pay for your medical bills?
Uninsured Motorist Coverage
The McKinney car accident lawyers at McCraw Law Group first recommend that you check with your insurance company to confirm whether you have uninsured motorist coverage. UIM will cover your damages if the other party was at fault for the accident and does not have insurance. In Texas, if you have full coverage, you will have UIM insurance coverage to provide coverage when the at-fault motorist does not have insurance. This coverage will provide payment for personal injuries and property damages caused by an uninsured driver.
In Texas you have UIM coverage unless you physically signed away your right to this important coverage. We have had numerous instances of insurance companies indicating that our clients did not have UIM coverage initially, only to force the insurance company to provide the coverage when the insurance company could not produce a signature declining this coverage as is required by law.
Filing A Car Accident Lawsuit
Texas is a traditional negligence state, which means that here you also have the option to file a lawsuit against the uninsured driver if you can prove that they were at fault for the accident. However, even if you win the case, you may not actually receive any compensation for your losses because most people without insurance do not have a lot of money at their disposal, which is one of the reasons they did not sign up for liability insurance in the first place.
If you are not sure is you suffered any serious injuries or damage to your car, you might think the best option is taking the other party up on their cash offer to settle the case more quickly. DON’T! It is not advisable to take the cash and leave without reporting the incident to your insurance company because you never know what may be hidden under the surface. You may discover damages or injuries later on that weren’t so obvious at first sight. You may be hurting more than you think and the post-accident adrenaline is numbing the pain.
Better to be safe than sorry and not have to suffer unforeseen consequences later on!
Last but not least, you may be wondering whether your insurance premium will go up as a result of the accident. Generally, if the other driver was at fault, your rates will not increase. However, some insurance companies might ask for a detailed accident report to assess your driving habits. Their evaluation may result in an increased risk that will be factored into their policy.
If you’ve been hurt in a car accident, McCraw Law Group is here to help. Contact our auto accident attorneys in McKinney, TX, today to schedule a free consultation.