There are Still Options if You Have Been in an Accident with an Uninsured Motorist
Being in an accident with an uninsured or underinsured driver does not mean you cannot get compensation for your injuries. Let Stephen G. Nagle help you get the compensation that you deserve.
While it is bad enough to be in a car accident, it is even worse to be in an accident in which the other driver has only miniscule insurance or no insurance at all. Hit and run accidents are also fairly common, leaving you with no idea of who the at-fault driver is, let alone whether or not he or she has insurance.
If you have been in an uninsured driver car accident, there still may be options for you. An experienced car accident attorney will be able to review your case and determine what options might be best for getting you the compensation that you deserve.
Uninsured Driver Statistics
Statistics show that 13.3% of drivers, but possibly as high as 20% of drivers, are uninsured in Texas. This is slightly higher than nationwide statistics that show the trend for uninsured motorists has been declining for the past 20 years.
In Texas, drivers are required to carry a minimum of $30,000 per bodily injury, $25,000 for property damage, and $60,000 per accident. This is considered liability insurance and is the minimum required by law.
How can I Receive Compensation from Uninsured Drivers?
Uninsured, or underinsured motorist coverage is not included in most basic car insurance plans, plus it only applies in specific situations, making it important to understand your own insurance coverage. Two types of underinsured/uninsured motorist coverage are:
- Property Damage, which pays for rental car, auto repairs, and damage to items in your car.
- Bodily Injury, which covers medical bills, lost wages, disfigurement, partial or permanent disability, and pain and suffering.
This specialty coverage will cover you, passengers, and your family in the car as well as those who are driving your car with your permission. There are a few situations in which underinsured/uninsured coverage will not pay. They include, but may not be limited to:
- If you are in an accident while performing the duties of your employment, any payment for damages from your workers’ compensation will likely be subtracted from your coverage.
- If you have insurance to cover medical payments and receive compensation under that policy, the amount you will recover from your underinsured/uninsured policy will be reduced by those payments.
- If you are injured by an uninsured/underinsured motorist while riding in another person’s car, that person’s underinsured/uninsured coverage would be primary to your own.
Filing a Claim Against an Uninsured Driver
If you are injured in an accident with an uninsured driver, you will likely file a claim with your own insurance, and you must let your insurance agent know that you suspect the other driver may not have insurance.
Filing a claim in this situation would mean that you are technically filing against your own insurer, which means you must settle with them in arbitration if you do not agree to their settlement.
Why You Need an Attorney
If you were in an accident with an uninsured or underinsured driver, hiring a lawyer is one of the first things you should think about doing. Unfortunately, working with your own insurance company does not guarantee a fair settlement. Attorney Stephen G. Nagle has been handling car accident cases for over 30 years. Contact his office today to schedule a consultation and make sure your rights are protected and that you receive the compensation you deserve.