Car accidents are stressful under any circumstances, but the situation becomes even more complicated when the at-fault driver lacks insurance. Unfortunately, Houston is no stranger to uninsured drivers. Despite Texas law requiring all drivers to carry liability insurance, many choose to disregard this obligation, leaving victims in a precarious position. If you’ve been in a car wreck and discovered that the other driver is uninsured, you might wonder how you can pursue compensation for your injuries and damages. This post will guide you through the steps you can take and strategies to employ when dealing with an uninsured driver in Houston and how a Houston car wreck attorney can help.
Understanding the Scope of the Problem
Houston is a bustling metropolis with a high volume of traffic, making it susceptible to car accidents. According to a 2021 report by the Insurance Research Council (IRC), approximately 13% of drivers in Texas are uninsured. This means that the chances of being involved in an accident with an uninsured driver are higher than you might expect. Without insurance, these drivers often lack the financial means to cover the damages they cause, putting the burden on the injured party.
What to Do Immediately After the Accident
The first step after any car wreck is to ensure that everyone involved is safe. Call 911 to report the accident and get medical attention if needed. It’s crucial to document the scene by taking photographs, gathering witness statements, and exchanging information with the other driver, even if they admit to being uninsured. This documentation will be invaluable later when pursuing a claim.
Pursuing Compensation Through Your Insurance Policy
In Texas, drivers are required to carry a minimum level of liability insurance, but they are also encouraged to purchase uninsured/underinsured motorist (UM/UIM) coverage. If the at-fault driver is uninsured, your UM/UIM coverage can step in to cover your medical expenses, lost wages, and other damages.
What Does UM/UIM Insurance Cover?
Uninsured/underinsured motorist coverage is designed to protect you when the at-fault driver lacks sufficient insurance to cover your losses. This coverage typically includes:
- Medical Expenses: Covers medical bills for injuries sustained in the accident.
- Lost Wages: Reimburses you for income lost due to injury.
- Property Damage: Pays for repairs to your vehicle or other property.
- Pain and Suffering: Compensates for non-economic damages like emotional distress.
It’s important to note that UM/UIM claims can be complex, and insurance companies might attempt to minimize your payout. Having an experienced Houston car wreck attorney, like those at Cox Pradia, can help ensure you receive fair compensation.
Exploring Alternative Avenues for Compensation
If you do not have UM/UIM coverage or if your policy limits are insufficient, there are still other avenues you can explore to seek compensation.
1. Personal Injury Lawsuit
One option is to file a personal injury lawsuit against the uninsured driver. While it may be challenging to collect a judgment if the driver lacks assets, it is still worth pursuing, especially if other sources of compensation are unavailable. In some cases, your attorney might be able to secure a judgment that allows you to garnish the driver’s wages or place a lien on their property.
2. Texas Crime Victims’ Compensation Program
Another option is to apply for assistance through the Texas Crime Victims’ Compensation Program. Although this program is typically for victims of violent crimes, it also provides limited compensation for victims of car accidents caused by uninsured drivers under certain circumstances. It can help cover medical expenses, lost wages, and funeral costs in severe cases.
Why You Need a Houston Car Wreck Attorney
Navigating the complexities of an uninsured driver case can be overwhelming, especially when you’re trying to recover from injuries. An experienced Houston car wreck attorney at Cox Pradia can help you explore all available options for compensation, negotiate with insurance companies on your behalf, and, if necessary, take your case to court.
Dealing with an uninsured driver in a car wreck can be a daunting experience, but it doesn’t mean you have to bear the financial burden alone. By taking the proper steps and working with a knowledgeable attorney, you can pursue compensation through your insurance or other legal avenues. Remember, you don’t have to navigate this process alone—Cox Pradia is here to help you every step of the way.
For more information on car accident laws in Texas, you can visit the Texas Department of Insurance website to read about uninsured motorist protection.