The Driver Who Hit Me Does Not Have Insurance. Now What?

 Posted on June 29, 2022 in Car Accidents

After a car accident, one of the first things you do is ask for the responsible driver’s insurance information. The last thing you want to hear when you do this is, “I do not have any.” If you were hit and injured by an uninsured driver, you might be wondering who is going to pay for your medical bills, lost wages, and likely totaled vehicle. These costs can add up rapidly. Even if you use your own health insurance, you are still likely to end up with a huge hospital bill. If you do not have health insurance, getting the care you need can be challenging. You are not out of luck - there are ways to recover compensation even if the other driver failed to fulfill his legal obligation to carry insurance. The process for filing a claim and pursuing damages may look a little different in this case, but one of our attorneys can guide you. You may have multiple options.

How Can I Recover Compensation From an Uninsured Driver?

After an accident with an uninsured driver, you generally have two options for pursuing compensation. The first option is to file an uninsured driver claim with your own car insurance company. Or, you could pursue compensation directly from the driver who injured you. Simply relying on your own health insurance is an option, but it is not recommended.

Pursuing Compensation Through Your Insurance

In Texas, every car insurance policy automatically includes uninsured motorist coverage. Unless you took the step of completing a separate form to waive this coverage, you should be covered by your own insurance policy.

The advantage here is that you are more likely to receive the compensation you are owed in a reasonably timely manner. Your insurance company has the money to be able to pay your claim. The downside is that there may be a limitation on how much you can recover. You may need to have an attorney review your insurance documents to determine how using this option is likely to play out.

Pursuing Compensation From the Driver

Your other option is to file a lawsuit against the uninsured driver directly. In the absence of an insurance policy, drivers are responsible for the damage they cause. The problem with this option is that drivers who do not carry insurance policies often cannot afford to pay out of pocket. While you are likely to obtain a judgment or settlement that requires the responsible driver to personally compensate you, actually getting them to pay you can be very difficult.

An attorney can help you review your options and decide on the best course of action.

Contact an El Paso County Car Accident Attorney

James Kennedy, P.L.L.C. is skilled at helping those who have been injured by an uninsured driver recover compensation. Our experienced El Paso car accident lawyers will help you determine which path to compensation makes the most sense for you to pursue. Call 915-544-5200 to start with a free consultation.

Source:

https://www.tdi.texas.gov/pubs/consumer/cb020.html