If you were hit by an uninsured driver in Texas, state law allows you to hold the motorist who caused your accident responsible for the damages you suffered. However, you may feel like getting the financial recovery you need and deserve is impossible. This part is where our attorneys can come in to help you determine which course of legal action you can take.
In general, you have three options for recovering funds to pay your medical bills, cover lost wages, and get your vehicle repaired. You can:
- Rely on your health insurance and pay the rest of your costs out of pocket
- File a claim based on your uninsured motorist coverage
- File a personal injury lawsuit against the negligent driver
Should You Rely on Your Health Insurance for Coverage?
When possible, relying on your own private health insurance is the option you want to avoid. If you choose this option after an uninsured motorist accident, you would likely need to pay the deductible and your co-pays for your medical care. Additionally, other losses and expenses would come from your own savings or other means.
When you enlist our help, we will do everything we can to help you avoid this situation. We will investigate your options and work toward a solution that meets your needs.
Should You File an Uninsured Motorist Claim?
Per Texas law, you can opt out of uninsured motorist coverage in writing by submitting a specific form to your insurance company. Unless you took this step, you most likely have this coverage. Many people who are hit by uninsured motorists have no idea they carry this type of policy.
We can help you understand if you have access to this type of coverage and handle your claim. We will:
- Analyze and explain your insurance policy
- Investigate your accident
- Prove the uninsured driver acted negligently and is liable
- File your claim and document your losses
- Negotiate a fair settlement with your insurance company
Filing a Personal Injury Lawsuit After Getting Into an Uninsured Motorist Accident
In some cases, we can obtain financial recovery by filing a personal injury lawsuit against the uninsured driver. Whether or not this action is the best option in your case depends on several factors, including whether your own insurance provides coverage.
Occasionally, an uninsured driver is simply careless and allowed their insurance to lapse, but they have plenty of resources to cover your damages. When this instance occurs, litigation may be a good option. Usually, though, what we find is a situation where the driver failed to pay their insurance because they do not have funds.
Regardless, they are still negligent and liable. You still have options for seeking recovery, and our firm can help you understand them.
Time Limits on Filing a Lawsuit Against the Uninsured Driver
If you think that filing a lawsuit will best suit your situation, keep in mind that you have a limited time to take action. Texas law generally permits claimants two years to submit their cases. If you fail to miss the deadlines, we risk:
- Losing the evidence
- The court dismissing your case altogether
- The burden of paying your damages falling on you
Given adequate notice, our attorneys can help you comply with this statute of limitations.
The Uninsured Motorist Might not Have Been Liable
Even though the uninsured driver hit you, our investigation might show that someone (or something) else caused your accident. Alternatively, the cause of the accident could have been a combination of multiple factors. So, more than one party could pay your damages.
For example, we might find that one of the following played a role in the collision
- Another driver
- A government agency
- A mechanic
- A car parts manufacturer
- Another road user, like a bicyclist or pedestrian
Forms of Financial Recovery We Can Pursue in an Uninsured Motorist Case
When analyzing which damages you can pursue, we must look at these factors:
- The circumstances of your accident
- The facts of your case
- The severity of your injuries
- Your prognosis
- Your financial and non-financial hardships
After reviewing these aspects, we can go after recovery for the following:
- Past and future healthcare expenses
- Property damage
- Lost wages
- Lost future earning power
- Pain and suffering
- Mental anguish
If your loved one lost their life due to an uninsured motorist accident, we can seek recovery for their burial and funeral costs, final healthcare expenses, and your loss of consortium.
Call D. Miller & Associates, PLLC™ Now
Since 2002, we have taken pride in how accessible we are to clients and how we use practical, supportive, and candid diction to help them understand the legalities of their cases.
Now, we want to help you after you were hit by an uninsured driver in Texas. To find out more about our services, call D. Miller & Associates, PLLC™ today at 713-850-8600.