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Can I Recover Compensation After an Accident with an Uninsured Driver?

Posted on in Personal Injury

New Braunfels car accident lawyerAll states, including Texas, require that drivers carry auto insurance. Sadly, there are still situations in which you may be involved in a crash with an uninsured driver. For example, you might crash into someone who is driving a stolen car or a person who is explicitly excluded from the vehicle owner’s policy. Do you have any recourse in such a situation? What can you do about your medical bills? A qualified personal injury lawyer can help you find the answers to these questions and any others that you might have following an uninsured motorist accident.  

Do Not Make Assumptions About the Other Driver

Many people automatically assume that an uninsured driver is “poor.” More specifically, the common presumption is that since the driver does not have insurance, he or she cannot afford to pay out for medical expenses, property damage, or other losses experienced by the victim. This is not always the case, however. The driver who hit you could have been a young teen with a history of driving recklessly, so their parents took him or her off the policy to avoid liability. Such a driver could still have the means to cover your losses. Alternatively, the person that hit you could have non-liquid assets that a judge could find as sellable in order to cover your expenses. Either way, talk to an attorney before you make any decisions about what you think the other driver can afford to pay.

When All Else Fails

Not everyone can pursue damages from the uninsured driver after an accident. The person might not have any assets worth selling, or they may not even be a licensed driver. In such cases, your own insurance becomes the fail-safe option. Hopefully, you have comprehensive and collision coverage and possibly uninsured/underinsured motorist coverage as well. Even if you do not, your insurance should at least cover your medical expenses. In such a situation, it is critical that you speak to an attorney. You might be surprised to learn what you can or cannot pursue compensation for, even when filing against your own insurance company. In addition, getting your insurer to pay your claim is not always as straightforward as it should be.

A Texas Car Wreck Attorney Can Help

It might seem counterproductive to hire an attorney if you are filing against your own insurance company. They have to pay out after all that you have paid in premiums, right? Wrong. Many insurance companies—even those paying out to their own customers—often work hard to limit their payouts. This saves them money and increases their profits. Protect your rights, including your right to pursue fair compensation, by contacting an experienced Comal County car crash lawyer. Call 830-201-3515 to schedule a free consultation with a New Braunfels Personal Injury Attorney today.

 

Sources:

https://www.amfam.com/resources/articles/on-the-road/accident-with-uninsured-driver

https://www.esurance.com/info/car/uninsured-and-underinsured-coverage

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