Every driver in the state of Texas is required to carry car insurance of some kind. Car insurance exists to protect your interests and your wallet in the event that you suffer damages in a car accident. Through insurance, you can be compensated properly by your own insurance carrier as well as the other drivers. Unfortunately, there are some situations when you learn the other driver has no insurance. A Houston uninsured driver accident lawyer can help you.
Being involved in a car accident is already a serious situation that can be difficult to recover from, and that’s before you learn that the other driver does not have any car insurance. You may be initially panicked and worried that you won’t be able to pursue compensation in such a situation. That may not be the case, and you may want to consult with an experienced Houston personal injury lawyer before jumping to conclusions. Victims of uninsured driver accidents still have legal options.
According to Texas state law, every Texas driver is required to carry some degree of car insurance. Still, many drivers simply choose not to for a variety of reasons. Some drivers may view insurance as too expensive to have. Others may have suspended licenses and shouldn’t be driving in the first place. Either way, the result is the same. If the driver who hits you does not have insurance, you may be worried about how your damages are going to be covered.
To avoid problems with uninsured drivers, you should consider purchasing uninsured or underinsured motorist insurance benefits. This coverage allows you to be compensated by your own insurance company if the other driver does not have insurance. Depending on your insurance provider, this may be a valid option for you.
If you decide to pursue legal action against the uninsured driver who caused your accident, you should be aware that even if your case is successful, the driver may not have the assets necessary to pay you. Insurance companies can’t help since the driver is uninsured. Still, if you want to make a claim, you should pay attention to the statute of limitations for personal injury claims in the state of Texas, which includes uninsured driver accidents.
In most cases, the state will give you two years from the date of your accident to establish solid grounds for your claim, develop a substantial case, gather the necessary evidence, speak with an uninsured driver accident lawyer, and file a claim for compensatory damages. If you are not able to file your claim within two years, there is a good chance that your claim will be outright dismissed, your case will be denied, and you will lose your chance to file for damages.
Building a strong uninsured driver accident case can take a lot more time than you may think, so you should consider getting started as soon as you can. If you are worried that your case might not be strong enough, you should bring all the evidence you have to a personal injury lawyer who can let you know if you have a case.
A: Yes, you can file a claim against an uninsured driver in Houston. It is your right to file a personal injury claim against the person who caused your accident, especially if that accident resulted in damages that they are responsible for. You and your lawyer must prove their liability for the accident, though collecting damages can prove difficult since the other driver is uninsured.
A: If the driver at fault for your accident does not have car insurance, you can still pursue legal action against them in the form of a personal injury claim. However, collecting damages may be difficult as they don’t have an insurance company in their corner to assist them. The court will likely still order the at-fault driver to pay all of your damages, even if it requires them to liquidate certain assets.
A: Yes, insurance companies can go after uninsured drivers in Houston. If a driver who does not have car insurance is deemed responsible for causing an accident, they will be deemed liable for any damages as well. In that case, your insurance company will likely go after the uninsured driver through a process called subrogation. In subrogation, the insurance company will take over your right to file a claim and pursue legal action themselves.
A: Deciding whether or not to pursue legal action is a big decision that should not be taken lightly. Very few cases are guaranteed, and when you are filing a claim against an uninsured driver, there is a decent chance you may not be able to collect any compensation. Still, you are the one who has to decide if it is worth taking legal action. Before making a decision, you should speak with an experienced car accident lawyer in Houston.
Dealing with a car accident can be troublesome all on its own before you even account for the possibility that the driver who hit you might be uninsured. In that case, the process becomes a lot more complicated and a lot less likely that you will get fully compensated. An experienced lawyer can help you figure out a solution and a solid plan.
At the Merritt & Merritt Law Firm, our legal team understands how difficult it can be to deal with an uninsured driver who caused your accident. We can help you gather valid evidence, build up a strong case, and make sure your interests are protected. Contact us to schedule a consultation with a team member today.
With our legal team on your side, we can help you explore all the legal avenues available to you.