If you are in an accident where the at-fault driver is uninsured or underinsured, you might be confused about your legal rights and options. Here is what you need to know about this far too common problem in Texas.
Texas is an at-fault state for car accidents. This means that the driver found at fault for the accident is responsible for paying for the damages they cause. Because of this, all drivers are required to have minimum amounts of liability insurance, which covers the damages they cause through their negligence. The minimum amounts under Texas law are:
These are just the minimum amounts of insurance required by law. Many motorists have more insurance to protect their personal assets in case they are at fault for an accident.
If a driver does not maintain the minimum amounts of liability coverage, they can face various penalties, with these penalties increasing for repeat offenses. Possible consequences include:
Additionally, if uninsured at-fault drivers cause accidents, they can be personally liable for the damages they cause.
Insurance companies in Texas must offer their customers uninsured/underinsured motorist coverage with their auto insurance policy. Uninsured motorist (UM) coverage applies if the other driver is uninsured or unidentified in a hit and run. Underinsured motorist (UIM) coverage applies when the driver’s insurance is insufficient and you have accident-related losses that exceed their coverage limits.
If that at-fault driver had no or insufficient coverage, you might consider making a claim with your policy’s UM/UIM coverage. Note, you must act quickly because some insurance policies only give you 30 days to make a claim following an accident. With this type of insurance claim, you file a claim with your own insurance provider.
Additionally, you may have Personal Injury Protection (PIP) coverage that could help pay for your medical expenses and lost wages. Insurers in Texas must offer this no-fault insurance, and you should have it unless you expressly rejected it.
Even when you’re dealing with your own insurer, the process of filing an insurance claim can be complex and arduous. Insurance companies are in the business of making money, so they want to minimize and deny as many claims as possible. An experienced San Antonio uninsured/underinsured motorist accident lawyer can help protect your rights.
If you were involved in an accident with an uninsured or underinsured motorist, the San Antonio accident lawyers at The Aguirre Law Firm, PLLC can help. We can prepare your UM/UIM claim, discuss all your legal options for pursuing financial compensation, and walk you through the claims process. Schedule a free consultation online.
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