What Happens If You Get Hit By an Uninsured Driver in Texas?

Auto insurance is a safety net that ensures every driver can afford the costs of an at-fault accident. Without insurance, the average driver cannot afford to pay for an injured victim’s medical bills and vehicle repairs. Unfortunately, not every driver in Texas obeys state law and obtains the required amounts of insurance. If you get hit by an uninsured driver in Texas, learn how to handle the recovery process.

What Are Texas’ Auto Insurance Requirements?

To operate a motor vehicle in the State of Texas, a driver must carry at least the minimum required amounts of auto insurance. It is against the law to operate a vehicle without the required insurance. This offense is punishable with a fine and the temporary suspension of the driving privilege until the driver can show proof of insurance.

• $30,000 in bodily injury liability coverage per person
• $60,000 in bodily injury liability coverage per accident
• $25,000 in property damage liability coverage

Texas is a fault-based car insurance state. This means that after a car crash, the driver responsible for causing the collision will have to pay for the accident using his or her insurance. Unfortunately, many drivers in Texas disobey the law and operate motor vehicles without the proper amount of car insurance. This can make it impossible to hold the at-fault driver responsible for losses.

Do You Have Uninsured/Underinsured Motorist Insurance?

Since an uninsured driver in Texas will not have the coverage to pay for your medical bills and property damage, you will have to seek coverage elsewhere. Start with your own auto insurance policy. Even if you did not cause the accident, your own provider may cover the costs if you have the right type of insurance. Your policy will only cover losses if you have uninsured or underinsured motorist insurance.

These are optional, not required, types of car insurance in Texas. If you did not want this coverage when you purchased your insurance policy, you would have had to reject it in writing. If you don’t remember rejecting this coverage, ask your insurance agent if you have uninsured/underinsured motorist insurance. If so, you can file a claim for damages with your own insurance provider.

In this scenario, your insurance company will provide compensation to pay for your bills and losses, up to your policy’s maximum. If the other driver had some car insurance, but not enough to fully cover your losses, your claim will first use the other driver’s insurance, then turn to yours for additional coverage, as necessary. If you do not have uninsured or underinsured driver insurance, you may need to seek benefits through another legal outlet: a personal injury lawsuit.

When to File a Personal Injury Lawsuit

If the driver who strikes you is uninsured and you do not have the right type of insurance to cover your losses, your other option for recovery could be a personal injury lawsuit. A lawsuit could serve to hold the at-fault driver individually responsible for your losses, meaning he or she will have to pay you out of pocket.

However, most uninsured drivers in Texas do not have the personal funds to pay for an accident. Thus, you may need to seek compensation from a third party instead. Hire a car accident attorney to investigate your case and search for liable third parties. For example, the government in Texas could be liable for your car accident if it failed to fix a defect such as a pothole. Holding a third party responsible could pay for your car accident if that party has enough insurance.

If you do not have grounds to file a third-party lawsuit and do not have uninsured or underinsured motorist insurance, you may have to pay for your losses out of pocket. Speak to a lawyer in Houston for more information, however, before you accept your losses. A lawyer can help you investigate all potential sources of recovery.