Posted January 11, 2019 | General Personal Injury
Car accidents can be difficult situations to navigate. You will need to determine insurance information, liability, and potential legal action to recover compensatory damages. If you suffer from severe injuries or significant property damage, you may consider filing a personal injury lawsuit or contacting a Dallas accident attorney.
Your ability to receive damages depends on the insurance of the at-fault driver, because Texas is a “fault” car accident state – but what happens if the other driver does not have insurance? Although this situation may seem complicated, there are still paths you can take to receive the funds you need to recover from the accident.
Texas is an at-fault state, meaning that the insurance company of the at-fault driver must pay for your damages. However, if the driver is uninsured, they will likely not have assets to pay you directly. Even if you file a lawsuit, the chances that you will receive a settlement depend on the financial situation of the at-fault driver. If the driver does not have insurance, chances are that he or she will not be able to pay a settlement.
Many insurance companies offer an uninsured or under-insured coverage option. This policy feature will allow you to receive funds to cover damages, such as medical expenses or a rental car, in the event of an accident with an uninsured driver. This coverage will cost you extra, but will provide you with a safety net following one of these accidents.
After any car accident, it is important to call the police. Law enforcement officers will document the accident and take down the information that will be necessary for a personal injury lawsuit or insurance claim later on. If the at-fault driver does not have insurance, calling the police is even more crucial. The police report will help you receive sufficient compensation and facilitate the insurance process.
If you decide to pursue legal action against an uninsured driver, he or she will try to avoid facing the consequences. He or she may offer you a sum of money to keep you from filing a lawsuit or insurance claim. Do not accept this money, especially if he or she presents the offer immediately after the accident.
At this point in time, you do not know how extensive your injuries are. In addition, you may not know if you need a car replacement, a rental, or extensive repairs. You cannot estimate how much these costs are and the amount the at-fault driver offers you may be minimal compared to your actual injuries. Even if it seems like a good idea at the time, decline the money and speak to an attorney.
The moments immediately after a car accident are crucial to filing a successful insurance claim or personal injury lawsuit. If you can move, you should document the facts of the accident. Make sure to stay at the accident scene until you’ve collected the following information.
After a car accident with an uninsured driver, make sure to stay calm, collect the information you need, and seek legal assistance for your impending insurance claim.