How to Handle an Accident With an Uninsured Driver

Posted January 11, 2019 | Personal Injury Blog

Car accidents can be difficult situations to navigate. You will need to determine insurance information, liability, and potential legal action to recover compensatory damages. If you suffer from severe injuries or significant property damage, you may consider filing a personal injury lawsuit or contacting a Mesquite accident attorney.

Your ability to receive damages depends on the insurance of the at-fault driver, because Texas is a “fault” car accident state – but what happens if the other driver does not have insurance? Although this situation may seem complicated, there are still paths you can take to receive the funds you need to recover from the accident.

Update Your Insurance Policy

Texas is an at-fault state, meaning that the insurance company of the at-fault driver must pay for your damages. However, if the driver is uninsured, they will likely not have assets to pay you directly. Even if you file a lawsuit, the chances that you will receive a settlement depend on the financial situation of the at-fault driver. If the driver does not have insurance, chances are that he or she will not be able to pay a settlement.

Many insurance companies offer an uninsured or under-insured coverage option. This policy feature will allow you to receive funds to cover damages, such as medical expenses or a rental car, in the event of an accident with an uninsured driver. This coverage will cost you extra, but will provide you with a safety net following one of these accidents.

Call the Police After an Accident

After any car accident, it is important to call the police. Law enforcement officers will document the accident and take down the information that will be necessary for a personal injury lawsuit or insurance claim later on. If the at-fault driver does not have insurance, calling the police is even more crucial. The police report will help you receive sufficient compensation and facilitate the insurance process.

Avoid Out-of-Pocket Payments

If you decide to pursue legal action against an uninsured driver, he or she will try to avoid facing the consequences. He or she may offer you a sum of money to keep you from filing a lawsuit or insurance claim. Do not accept this money, especially if he or she presents the offer immediately after the accident.

At this point in time, you do not know how extensive your injuries are. In addition, you may not know if you need a car replacement, a rental, or extensive repairs. You cannot estimate how much these costs are and the amount the at-fault driver offers you may be minimal compared to your actual injuries. Even if it seems like a good idea at the time, decline the money and speak to an attorney.

Document Necessary Information

The moments immediately after a car accident are crucial to filing a successful insurance claim or personal injury lawsuit. If you can move, you should document the facts of the accident. Make sure to stay at the accident scene until you’ve collected the following information.

• Swap contact information with the at-fault driver. If there are any witnesses in the area, ask them for their information as well. Their statements will aid you in the insurance claim process.
• Gather details about the accident. Record the make and model of the at-fault driver’s vehicle. In addition, write down crucial details such as the time and place of the accident and the contact information of the assisting police officer. Make sure to record anything that might help you with your claim.
• Take lots of pictures of the scene and the cars involved. Make sure to capture any and all damage on both vehicles, along with the other driver’s license plate. In addition, capture the area around the accident: street signs, posted traffic regulations, and other important details.

After a car accident with an uninsured driver, make sure to stay calm, collect the information you need, and seek legal assistance for your impending insurance claim.

Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.