What If the Other Driver Doesn’t Have Insurance in Texas?

Here in Texas, we have a fault system for auto accidents. That means if someone’s negligence caused the accident, they are then responsible to pay the losses and damages of everyone else. In reality, it’s not the individual who pays but their insurance company, and that means things get tricky if the responsible party doesn’t have insurance. Talk to a McAllen, TX auto accident lawyer as soon as possible after a wreck to protect yourself and find out what all your options are.

What If the Other Driver Doesn’t Have Insurance in McAllen, TX?

Turning to Your Insurance

The first thing you should do is check whether you have Personal Injury Protection (PIP) coverage. This doesn’t cover all your losses and damages, but it will cover your medical bills and lost wages. You might not have PIP coverage, but you should know if you don’t because you will have had to decline it in writing.

Texas requires insurance companies to offer this coverage no matter what and requires them to get your written refusal if you don’t want it. If your insurance company did not do this, then they become responsible to provide PIP protection as if you were paying for it. If you don’t have PIP, or if it’s not enough, you may also have Uninsured Motorist (UM) coverage. This applies whenever you are in an accident caused by another person who has no insurance or if you are the victim of a hit-and-run.

Investigating Third-Party Options

Even if the person primarily responsible for the accident doesn’t have insurance, there may be a third party you can turn to. There might have been another driver involved, for example, who may not be primarily at fault but still may hold some fault. You may be able to make a claim with their insurance company. If there’s any chance that a car manufacturer was negligent in any way, or if the city could be responsible because of negligence in caring for roads or something similar, your lawyer will help you investigate all these options.

Proving Fault

Fault is always important in a car accident, and especially if someone doesn’t have insurance. Even if you’re filing a claim with your own insurance company, you will have to prove that the other driver’s actions are responsible if you want to claim UM coverage, for instance. Always call 911 and get the police on the scene, and gather whatever evidence you can to show what happened.

Texas law allows you to make a claim so long as you are not more than 50% responsible for the accident. If you’re 51% or more responsible, then you can claim nothing, even if someone else bears a lot of responsibility. If you are less than less than 51% responsible, your compensation will still be reduced by the same percentage as your fault. Your lawyer’s job, among other things, is to protect you for any unfair blame that would reduce your compensation inappropriately.

To get the help and protection you need after an accident, contact the Almaraz Law Firm in McAllen, TX. We also serve clients in San Antonio and Midland.

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