In An Accident With An Uninsured Driver?


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If you’ve been in an accident that was the fault of another driver who did not have automobile insurance in effect at the time of the crash it can be a very trying time. This situation arises in Houston would frequently when someone gets car insurance in order to get their vehicle licensed and then lets the policy lapse due to non-payment of monthly premiums.

As the economy struggles, the incidence of uninsured accidents increase throughout the state of Texas. In fact, Texas has some of the highest rates of uninsured drivers in the country.

There is also the situation that has come about in Texas recently where insurers are selling policies with so many exclusions that there was never any intention to actually provide legitimate coverage. Often the innocent victim only finds out that there’s no coverage a few weeks after the accident when the insurance carrier informs them they are not going to cover the claim.

What can you do if you’re hit by an uninsured driver?

The first thing to do if you’re in an accident and you suspect the negligent party did not have insurance coverage is to look at your own automobile insurance coverage. If you had uninsured motorist coverage you are probably going to be okay on your claim because your insurance company will step into the shoes of the negligent driver who does not have insurance. In other words you have insurance in case you’re in a wreck with someone who doesn’t. Additionally, personal injury protection or PIP coverage can pay out-of-pocket medical bills and some part of your lost wages, which can be very helpful when you need it.

For the property damage, if the person who caused the wreck does not have insurance coverage, you will want to claim the property damage on your own insurance policy under the collision coverage if you have it.

You may want to consult with an accident attorney about your options if you are in an accident with an uninsured driver. Many attorneys who work on contingency basis are leery of taking cases on against uninsured drivers because of the difficulty in collecting judgments in Texas. In that case, you may want to consider small claims court to pursue the individual for your losses. Many times a victim may have to call several different accident lawyers in order to find one to help them.

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