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. If that motorist got into an accident with no insurance , however, you may feel like getting the money you need and deserve is impossible. Luckily, the personal injury lawyers at D. Miller & Associates, PLLC, are here to help.
In general, you have three options for recovering money 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; or
- File a personal injury lawsuit against the negligent driver.
Should I Rely on My Health Insurance for Coverage?
When at all possible, this 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, and the other losses and expenses would come from your own savings or other means.
When you enlist our help with your case, we will do everything we can to help you avoid this situation. We will investigate your other options, and work to find a solution that provides the most compensation to cover your damages.
Can I File an Uninsured Motorist Insurance Claim?
Texas law requires you to 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. We find that many people who call us after being hit by an uninsured motorist have no idea they carry this type of policy.
In Texas, every auto liability policy automatically comes with uninsured and underinsured motorist coverage in an amount equal to the liability policy. Even if you only carry the state minimum of $30,000 in auto liability insurance, you may be able to file a claim with your own insurer and recover up to $30,000 after a crash with an uninsured driver. If you carry a larger policy, your limit on your uninsured policy will also increase.
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 documenting your losses; and
- Negotiate a fair settlement with your insurance company.
Can I File a Personal Injury Lawsuit Against the Uninsured Driver?
In some cases, we can recover significant compensation by filing a personal injury lawsuit against the uninsured driver and taking them in front of a judge and jury. Whether or not this is the best option in your case depends on several factors. It is not always worthwhile.
Occasionally, an uninsured driver is simply careless and allowed their insurance to lapse, but they have plenty of money to cover your damages. When this 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 a lot of money.
When this occurs, they are still negligent and liable, and we might even win your case in court. The problem is, there is no money to recover. You may never see the payout the court orders. For this reason, it is very important we understand the liable party and their financial situation before we commit to filing a lawsuit.
How Can I Talk to an Uninsured Motorist Accident Lawyer in Texas Today?
It is not easy to know which of these options will offer you the most compensation. Making this decision depends on a number of factors, including:
- The circumstances of your accident;
- The facts of your case;
- The severity of your injuries; and
- The type of damages you need to recover.
The Texas car accident team from D. Miller & Associates, PLLC, can help you weigh your options. We will:
- Determine if you carry uninsured driver insurance;
- Manage the uninsured motorist coverage claims process for you;
- Decide if filing a lawsuit is a viable way to recover compensation;
- Consider if there may be other liable parties; and
- Explore any other options for compensation.
We offer free case evaluations and consultations. Call us today at 713-850-8600 to learn more.
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