When you are in an accident, it is typically the at-fault driver’s insurance company that will ultimately be responsible for paying your medical bills and damages.
So, what happens if you get hit by someone without insurance in Texas?
If the other driver didn’t have insurance or didn’t have sufficient coverage, you still have options that don’t involve paying out-of-pocket for your expenses.
In this post we discuss uninsured motorist coverage what happens when an uninsured driver hits you in an insured car.
Let’s begin.
Insurance coverage can be a complicated topic. In Texas, liability insurance is mandatory. Uninsured motorist Insurance is however, optional coverage.
There is good reason to get UIM insurance.
If you carry Uninsured/Underinsured Motorist coverage through your own insurance provider, it can pay your expenses in the even of a hit and run accident.
UIM coverage includes collision coverage, and Personal Injury Protection (PIP).
What are these types of coverage?
Collision Coverage
An additional type of coverage you can purchase to help offset the damage when you’re hit by someone without insurance is a collision policy.
This insurance is optional and pays for your car’s property damage. It even pays for damage if you were at fault, such as by hitting a parked vehicle.
This doesn’t pay for your physical injuries but will help repair or replace your vehicle.
Personal Injury Protection (PIP) Coverage
This policy pays for medical bills and can supplement your personal health insurance.
It also pays for injured passengers in a car accident, along with your lost income and other expenses while you recover.
Texas requires PIP coverage for all auto insurance policies. You must opt-out in writing if you choose not to carry out this policy.
Medical Payments Coverage
Similar to PIP, you can choose to purchase Medical Payments coverage. This covers you and your passengers’ medical costs. Medical Payments policies go a step further and cover you if you are riding in someone else’s vehicle when you get hurt or if you’re walking or riding a bicycle when your accident happens.
When an Uninsured Driver is Driving an Insured Car
If someone with no car insurance hits you with a car that’s covered by someone else’s policy, things can get complicated.
Usually, the owner’s insurance will be called on to pay for your medical expenses and property damage. However, there are some situations where you may not be able to file a claim.
For example:
Most insurance policies will not pay if the driver doesn’t have permission to take the vehicle.
Also, some companies allow policyholders to specifically exclude individuals from coverage under their insurance. If the excluded person still drove the vehicle or another person stole it before your accident, you likely won’t be able to file a claim against the owner’s policy.
This means you’ll have to seek compensation directly from the person at fault.
What if the Insurance Company Refuses to Pay Even Though You have Coverage?
In some cases, even if you carry U/UM, Collision, PIP, or Medical Payments coverage, your insurance company may attempt to deny an uninsured motorist accident claim.
Every time they pay a settlement, it affects their bottom line. When you’re trying to tackle this while also healing from your injuries, it can be frustrating and exhausting.
Fortunately, you can turn your case over to an auto accident lawyer who is experienced in uninsured/underinsured motorist claims. They can help you fight back against your insurance company to ensure that you get the compensation you’re entitled to receive.
Filing a Lawsuit Against an Uninsured Driver
While you can file a car accident lawsuit against someone who doesn’t have insurance, your attorney may advise against it. In many instances, an uninsured driver may not have many assets to support paying a judgment if they don’t even have mandatory auto insurance. The costs, time, and other resources spent going to court could end up costing you more than your current expenses.
However, if you file a claim against your insurance provider and they pay it, they retain the right to seek compensation for their costs from the defendant.
Again, they probably only take this approach if they feel the at-fault party has enough assets to pay back what it costs the company. By speaking with your car accident lawyer, you can get a better understanding of how strong your case is against someone without insurance and whether it’s worth your time and energy to file a lawsuit.
Let Our Injury Attorneys Help With Your Uninsured Motorist Claim (Free Case Review)
When you need help understanding what happens if you get hit by someone without auto insurance, contact skilled car accident attorney Ted Liggett for a free consultation.
Most victims need a professional legal advocate to secure compensation from the negligent party, whether through an insurance claim or by filing a personal injury lawsuit. If this becomes necessary, our experienced car accident law firm can help you navigate the process and demonstrate the other driver’s negligence.
When you are injured in an accident, the best way to protect your rights is to contact the skilled litigators at Liggett Law Group.
For more than 25 years, we have helped car accident victims in Lubbock, Hobbs, Artesia, Plainview, Clovis, Carlsbad, Roswell, Brownfield, Seminole, and other West Texas and Eastern New Mexico communities.
Contact us today at (855) 955-HURT (4878) to get the integrity, advocacy, and results you deserve.