Texas is a fault-based insurance state with modified comparison negligence laws. In order to obtain compensation for economic and non-economic losses after a car accident, an injury victim must be less than 51% at fault and prove the other involved driver’s liability. But what happens when an at-fault driver’s minimum-required insurance coverage isn’t adequate for an injury victim’s damages like medical expenses, lost wages, and pain and suffering?
Understanding your options in an uninsured/underinsured motorist accident in Texas is critical for developing a strategy with your Texas personal injury lawyer for the best possible outcome
What Are the Minimal Insurance Requirements for Texas Drivers?
Texas requires all drivers to carry at least the minimum in mandated insurance coverage. Often known as 30/60/25 policies Texas drivers must have the following coverage:
- $30,000 in bodily injury liability insurance per person
- $60,000 in total bodily injury liability coverage per accident
- $25,000 in property damage per accident
Texas also requires insurance agencies to include uninsured/underinsured motorist coverage in the plans they offer prospective policyholders unless the motorist declines this additional coverage in writing for lower monthly premium payments.
What to Do After an Accident With an Uninsured or Underinsured Motorist?
After any car accident, the first thing to do if you’re conscious and capable, is to call 911 to report the accident and give any required reasonable first aid to injury victims. Then, using a cell phone camera, take photos of the damaged vehicles and the accident scene before emergency services move them from their resting positions. Then, add the contact information of all involved drivers and eyewitnesses.
Officers who arrive at the car or truck accident may discover that the other driver is uninsured and include this in the report they generate at the scene. Finally, go directly to a hospital for a complete examination, treatment, and a medical report listing your injuries. Be sure to notify your insurance company of the accident and inform that the other driver was uninsured.
Depending on the circumstances of the accident, an at-fault motorist could have the legally required minimum insurance coverage, but it may not be enough to cover the expenses associated with serious injuries, including expensive medical costs and weeks or months of lost wages. Some car accident injuries result in disability with permanent impacts, such as a brain injury, on earning ability and quality of life, with expenses that far exceed the minimum insurance coverage many Texas drivers carry.
What Are the Options for Compensation After an Uninsured/Underinsured Motorist Accident?
As a Texas driver, you may be able to obtain compensation or additional compensation from your uninsured/underinsured motorist coverage as long as you didn’t decline this beneficial coverage with a signed statement. A claim against your coverage provides compensation for medical expenses, lost wages, and non-economic damages like pain and suffering and other damages that might apply such as disfigurement or traumatic limb loss.
Depending on any optional insurance coverage you chose for your policy, you may have additional compensation available to you from a collision policy with compensation available for property damage, or a comprehensive policy that could provide compensation for additional property damage unrelated to the collision. For instance, if your car was further damaged by a fire after the accident or water from the fire department.
Finally, depending on the unique circumstances of your accident, there could be other parties that contributed to fault for the accident, leaving them liable for a portion of your damages. For example, a negligent road maintenance or roadway planning agency or the manufacturer of a defective auto part.
What About a Lawsuit Against the Uninsured/Underinsured Motorist?
Depending on the circumstances, filing a personal injury lawsuit against the at-fault driver could be an option for recovering compensation if filed within the two-year statute of limitations. This is only a viable option if the at-fault driver has significant financial resources or an umbrella insurance policy, which isn’t typically the case for uninsured motorists.
How Can a Texas Car Accident Attorney Help?
When a driver who causes a car accident lacks insurance or doesn’t have adequate coverage to recover your damages, a car accident attorney in Texas can help by examining all options available to you and crafting a strategy to obtain the maximum compensation in your case. Call the Texas car accident lawyers at Linebaugh Dority & Associates, LLP today so we can take action on your behalf.