Drivers in Texas must have auto insurance or face legal penalties if the police pull them over. Unfortunately, many drivers who lack insurance or have minimal insurance are involved in accidents, and other injured drivers might have difficulty recovering damages. In such cases, certain rules regarding how to file insurance claims against uninsured or underinsured drivers may come into play.
If you are injured in an accident with an uninsured driver or a driver who has insufficient insurance, you may need to file other claims in addition to or instead of claims with the other driver’s liability coverage. Specially, you should have insurance coverage specifically for uninsured and underinsured motorists. This coverage is required, although the extent of your coverage may vary based on your policy terms. Drivers who do not have insurance may face legal penalties including fines, license suspensions, and more. They may also be solely responsible for your damages, as they have no insurance to help them. If you sue them and they cannot or will not pay, we can work with the courts to make them pay you fair compensation.
Get a free, confidential evaluation of your claims from our Dallas car accident lawyers with The Queenan Law Firm at (817) 476-1797.
What Happens When an At-Fault Driver in Texas Lacks Auto Insurance?
Texas law does not require that all drivers carry uninsured or underinsured motorist coverage. However, the law requires insurance companies to offer this coverage to drivers. If you want to reject it, you must do so in writing. While having additional coverage like this might make your overall car insurance payments more expensive, it can save you if you are ever in an accident with an uninsured driver or a driver with minimal insurance that does not cover all your damages.
Uninsured Drivers
Generally, drivers file third-party claims with the other driver’s liability coverage. If they prove that the other driver is at fault for the crash, the insurance company should cover the damages. However, this is not possible when the at-fault driver has no insurance. Instead, our Bedford, TX car accident lawyers may assist you in filing claims with your own uninsured motorist coverage.
Such coverage may help pay for your damages when the other driver is uninsured. It may also cover you if you are injured in a hit-and-run where the other driver cannot be located. Exactly how much coverage you have depends on what kind of policy you buy. If you are unsure whether you have this kind of coverage, talk to our team about it.
Underinsured Drivers
Sometimes, an at-fault driver has insurance to cover your damages, but their insurance is limited and insufficient to cover all your damages, leaving some unpaid. This can be extremely frustrating, but you might have other legal options to help you. Like uninsured motorist coverage, drivers may carry underinsured motorist coverage to cover them if the other driver has inadequate coverage.
Underinsured claims often come up in severe accidents where damages and costs exceed the at-fault driver’s policy limits. You might do everything required of you and prove that the other driver is at fault, but their insurance might not be enough. Your coverage can help fill in the gaps. However, do not accept an insufficient insurance settlement from the other driver’s insurance until you have spoken to an attorney about filing an underinsured motorist claim. It is important to make sure that this coverage is there for you before accepting a settlement you know is not enough.
Possible Legal Penalties for Drivers Who Lack Car Insurance in Texas
Not having insurance is a serious violation, as drivers are required to carry it, or they may not be permitted to drive. If the police ever pull over a driver for any reason, they almost always check for insurance coverage. If the driver cannot show that they have insurance, they might face citations and heavy fines. Additionally, violators risk losing their license, especially if they have multiple violations or caused an accident while uninsured.
If an uninsured driver is found responsible for a car accident, they may be solely responsible for covering the damages without help from insurance. If you choose not to purchase uninsured motorist coverage, you may file an injury lawsuit against the other driver for fair compensation. The problem is that many defendants cannot afford to pay even when plaintiffs prove their claims.
How to File a Lawsuit Against an Uninsured or Underinsured Driver in Texas
Before filing a lawsuit, we must figure out their insurance status as quickly as possible. If they are uninsured, a lawsuit may be the best, if not the only, way to recover damages. You might have uninsured motorist coverage, but if your damages are substantial, your own coverage might not be enough.
If they are underinsured, the situation may be trickier. A driver is underinsured if their insurance policy is insufficient to cover all your damages. To figure this out, we need to know the full extent of your damages and the policy limits of the at-fault driver. This might not be easy, and the other driver might not be forthcoming with details.
If insurance is available and may cover all your damages, the court might not want to accept your case. However, if you have damages that exceed insurance limits or are not covered by insurance, we might be able to move your case forward. As such, determining everyone’s insurance status and coverage first is imperative. Once we have this information, we can draft the formal legal complaint to kick off your case in court.
What if an Uninsured Driver in Texas Cannot Pay My Damages After a Lawsuit?
Suppose you are injured in an accident, and the at-fault driver is uninsured. Next, suppose you sue them for damages since an insurance claim is impossible, and you win. If they cannot pay your damages out of pocket, you might be in trouble.
We can work with the courts to get you the compensation you are entitled to. The courts might garnish the at-fault driver’s accounts or place a lien on their property to make them pay. If the court places a garnishment on the defendant, their bank accounts may be docked until your damages are fully paid. If we ask the court to place a lien on the defendant’s non-exempt property, the proceeds automatically cover your damages if the defendant sells the property.
In some cases, these steps are not necessary. Instead of enforcing the judgment against the other driver, we might instead accept a lump sum or other form of payment to get you at least some of the coverage you are entitled to. Your best option may depend on your specific needs and the circumstances surrounding your claims.
Suing At-Fault Drivers When Insurance is Unavailable in Texas
Get a free, confidential evaluation of your claims from our Fort Worth, TX car accident lawyers with The Queenan Law Firm at (817) 476-1797.