Your Legal Rights after an Accident with an Uninsured Motorist
Accidents are traumatizing besides the paperwork and follow-up one needs to make to claim insurance. This is however nothing compared to when the driver at fault happens to have no insurance or is underinsured.
People fear having to interact with uninsured motorists, but statistics demonstrate a growing % of the driving population doing so with inadequate or no insurance at all. In such a case where you happen to be involved in an accident in San Antonio, and the motorist is at fault with no insurance, never panic; there are laws that cover you.
Recent statistics estimate that 13.1% of drivers in Texas-one out of every seven-drives without the required auto insurance, a larger percentage than the national average of 12.6%. In other words, there are quite a number of drivers without insurance in San Antonio. It will be helpful to know what legal rights you have if you ever get into an accident in which the driver at fault is not insured.
Before going into these legal rights, it is proper to understand the concept of uninsured motorist coverage.
Understanding Uninsured Motorist Coverage
There are two things to be considered here:
Uninsured Motorists: Drivers not possessing any form of insurance covering the minimum amounts by law are considered uninsured. With the policy tag for this is “UM” coverage.
Underinsured motorists: Insurance typically has limits, now when the damages caused by the motorist is more than the limit his insurance can cover, the driver is said to be underinsured. The policy of law covering insurance by underinsured drivers is tagged “UIM” coverage.
What Are Your Legal Rights After an Accident With an Uninsured Driver?
No one leaves their home, planning to be hit by an uninsured driver, but in the unfortunate occurrence of such, you shouldn’t worry as you have legal rights. You can still get compensated if you follow the right procedure. Below are your legal rights after an accident with a motorist who is not insured.
- Uninsured Motorist Coverage
Places like San Antonio have insurance companies that provide Uninsured Motorist Coverage. This covers you in an instance where you get involved in an accident with a driver who has no insurance; thus, you get compensated. This type of UM Coverage will have your insurance company pay you for all your medical expenses, lost wages, among other damages. This coverage, however, is only up to the policy limit, meaning anything over this limit, the injured individual may need to look for another route.
You also need to select UM in your policy to be eligible for this deal. UM will be able to compensate for run-and-run cases where it is unable to identify the party responsible.
- Collision Coverage
Another insurance package that you can subscribe to is collision coverage, which covers you in case of an accident with an uninsured driver. Although you are responsible for the deductible, that is impressive because it comes into play whether the driver is insured or not.
- Personal Injury Protection
Here is another package that insurance companies can offer to cover your medical expenses and lost wages due to time nursing your injuries. And the best part? It is regardless of who is at fault.
While PIP is not mandatory in Texas, insurance companies usually include this in the regular packages except you ask to remove the PIP.
- Filing a Lawsuit
Suiing the part at fault for damages is the next best thing you can do if you do not have an insurance policy covering the damages. You will need to have experienced motor vehicle accident attorneys in San Antonio before heading forward with this option.
Most people in such a situation will opt to sue an uninsured driver, but it is best to seek attorneys who operate within this field. Similarly, your compensation may also vary according to the asset of the uninsured driver. It is thus very important to speak first to your local auto accident attorney.
What to Do After an Accident With an Uninsured Driver?
Here is a quick guide on what to do in case of an accident with a motorist without insurance and no, fighting is not on the list:
- Seek Medical Attention: First of all, make sure you’re not unjust and subject yourself to medical checkup and treatment.
- Report to the Authorities: Call the police to report the accident. They will come to assess the scene of the situation and file a report. This can also be a great way to report the motorist without insurance.
- Get Evidence: You should photograph and video the scene of the accident, including the condition of the road and the car. Collect the contact information from any eyewitnesses and their statements, if possible.
- Seek Compensation: Work with your attorney to get compensation from your insurance company or through a lawsuit.
Conclusion
Compensation after an accident with an uninsured driver can come from your insurance company or after a lawsuit. Either way, the law protects you in such situations.