How to Handle a Car Accident With an Uninsured Driver
Posted on Saturday, March 1st, 2025 at 9:00 am
If an uninsured driver strikes you in Texas, it’s crucial that you know what steps to take and what your rights are. This knowledge can significantly impact your ability to recover the compensation you need for your injuries and property damage. And the help of an experienced car accident lawyer can make the whole process run smoothly.
What Auto Insurance Is Required for Texas Drivers?
Texas requires all drivers to have liability insurance meeting or exceeding the following minimums:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $25,000 per accident for property damage
Despite this requirement, some drivers still don’t have insurance, and some out-of-state drivers don’t have liability insurance. Under normal circumstances, you would be able to file an insurance claim against the at-fault party’s liability coverage policy. But if they don’t have liability insurance, your options for seeking the compensation you need after the crash change.
Legal Options If the Uninsured Driver Is at Fault
When an uninsured driver is at fault in the accident that caused your injuries, your options for seeking compensation include filing an uninsured motorist claim with your own insurance provider, filing a personal injury lawsuit against the uninsured driver, and identifying other parties that you can also hold liable for your injuries.
Filing Uninsured and Underinsured Motorist Claims
While it is not mandatory to purchase, all insurers in Texas must offer uninsured and underinsured motorist coverage as part of their auto insurance policies. Uninsured motorist coverage allows you to seek compensation for injuries caused by uninsured drivers and applies if you are the victim of a hit-and-run. Underinsured motorist coverage allows you to seek additional compensation if the at-fault driver’s insurance policy limits prevent you from recovering the full amount of your losses.
Filing Personal Injury Lawsuits
If you don’t have uninsured motorist coverage, your next option may be to file a personal injury lawsuit against the at-fault driver directly. You can hold the at-fault driver personally liable for your accident-related losses through one of these lawsuits. However, if the driver doesn’t have substantial assets, it may be difficult for you to recover the full amount of your losses.
You can also file an uninsured motorist claim and a personal injury lawsuit simultaneously. However, you may have to reimburse your insurer for the compensation it paid through your claim if you also receive compensation from your lawsuit.
Identifying Other Liable Parties
Whether you’re filing an uninsured motorist claim or a personal injury lawsuit, it’s a good idea to work with a lawyer who can determine if other parties may be liable for your injuries, too. The driver who struck you may not be the only liable party, and by identifying other liable parties, you can seek additional compensation that may make up for any loss of compensation due to insurance policy caps or the liable party’s limited assets.
Steps to Take After an Accident with an Uninsured Driver
After an accident with an uninsured driver in Texas, you should take the following steps to protect your right to seek compensation for your injuries and property damage:
- Report the Accident: The first step is to report the accident to the police, have them file an official incident report, and request a copy of it. This report may be necessary when you file your uninsured motorist claim.
- Notify Your Insurance Provider: You should always notify your insurance provider after an accident. Upon doing so, your insurer can give you details on how to file your uninsured motorist claim.
- Document the Incident: The more documentation of the accident you have, the better. Documenting the accident involves collecting evidence like accident scene photographs and witness contact information. It also includes taking pictures of your visible injuries and writing down everything you remember about the crash.
- Seek Ongoing Treatment: Always seek ongoing medical treatment until you fully recover or your condition is not expected to improve. This will help your lawyer determine the extent of your future medical treatment.
- Keep Medical Bills: Make sure to keep any bills you receive related to the accident with the uninsured driver. Your lawyer will use these bills when calculating your medical expenses.
- Contact a Car Accident Lawyer: An experienced car accident lawyer can assist you with seeking the compensation you deserve through an uninsured motorist claim or personal injury lawsuit. They can also help identify other parties that may be liable for your accident-related losses.
Compensation for Accidents with Uninsured Drivers in Texas
Compensation for various losses is available through personal injury lawsuits after a car crash in Texas:
- Medical Expenses: You can seek compensation for past and future medical treatments, hospital stays, surgeries, physical therapy, prescription medications, and medical devices.
- Lost Wages: You can seek compensation for the wages and work benefits you lost or will lose because of the impact your injuries have on your ability to work.
- Permanent Disability: You can seek compensation for disability accommodations, such as modifying your home or vehicle to be wheelchair accessible or hiring in-home care.
- Pain and Suffering: You can seek compensation for the physical pain and emotional suffering you experienced because of your injuries. An experienced lawyer can assist you with calculating the value of your non-economic damages like pain and suffering.
- Emotional Distress: You can seek compensation for the emotional distress you experienced because of the accident, such as if you developed anxiety, post-traumatic stress disorder (PTSD), or other psychological disorders.
- Property Damage: You can seek compensation for repairing or replacing your damaged or lost property, including your vehicle.
If you file an uninsured motorist claim, you can secure compensation for medical expenses, car repair or replacement, and pain and suffering.
Contact Our Texas Car Accident Lawyers
If you are in an accident with an uninsured driver, contact our law firm at (409) 838-4444 or through our online form for a free consultation about your case with one of our Beaumont, Texas, car accident lawyers. We’ll review the accident details, explain your options, and help you take the next steps toward recovering the compensation you deserve for your injuries.