What To Do When the Other Driver Didn’t Have Insurance

The post accident effect of when the other driver didn't have insurance.

Texas law requires that every driver maintain an automobile insurance policy with minimum limits of:

  • $30,000 per person injured in one accident;
  • $60,000 for all people injured in one accident
  • $25,000 for property damage in one accident.

Nonetheless, studies show that almost 20% of people in Texas drive without insurance. If you were hurt in an accident and the other driver didn’t have insurance, you may wonder what you should do.

What To Do After a Car Accident

If you were hurt in a car accident and the other driver didn’t have insurance, you should follow the same basic steps that you would if the other driver was insured.

  1. Check yourself and your passengers for Injuries.
  2. If you can, check the other car to see if anyone else was injured.
  3. If anyone was seriously injured, call 9-1-1 to report the accident and request an ambulance. Otherwise, call the local police department to make a report.
  4. When the police arrive, be cooperative and follow their instructions. They will gather the information they need to make a report.
  5. Ask the other driver(s) for their name, phone number, address, and insurance information (if they have it).
  6. If there are any witnesses to the accident, ask for their names and contact information.
  7. Take pictures of the accident scene, including the cars, weather conditions, road signs, and road conditions.
  8. Even if your injuries seem minor, seek medical treatment if you feel you need it.
  9. Report the accident to your insurance company, but don’t discuss your injuries until you meet with a lawyer.
  10. Contact a lawyer to represent you.

Uninsured Motorist Coverage When the Other Driver Has No Insurance

If you were hurt in an accident and the other driver didn’t have insurance, you may be able to pursue compensation through your Uninsured Motorist Coverage. Uninsured Motorist Coverage is optional insurance you can add to your automobile insurance policy. It provides insurance coverage if you are injured by a driver without insurance. If you purchased uninsured motorist coverage, your insurance company will compensate you for your injuries, even if the other driver had no insurance. If you did not purchase this coverage, the insurance company must prove that you signed a form rejecting it. If they cannot produce your signature, they must provide the coverage anyway.

Making a Claim When the Other Driver Had No Insurance

When you make a claim under your Uninsured Motorist Coverage, you must first prove the other driver didn’t have car insurance. In most cases, this will be noted on the police report. Sometimes, it can be proven with a letter from the other driver’s insurance company if the other driver provided insurance information, but their coverage wasn't active. Once you establish that the other driver didn’t have insurance, your lawyer can present evidence to establish the extent of your losses and work to negotiate a resolution to your claim.

Filing a claim with your insurance carrier is similar to filing a claim with the insurance company for the at-fault driver. We will contact the insurance company to notify them or our representation. We will prepare a demand letter identifying the nature and extent of your injuries and other damages. Then, we will negotiate the settlement of your claim. If a favorable resolution is not forthcoming, we have the experience, resources, and expertise to file a lawsuit and fight for the compensation you deserve.

Do You Need a Lawyer When the Other Driver Had No Insurance?

You may feel confident handling your claim if the other driver didn’t have insurance. After all, you are dealing with your own insurance company. But when you file a claim for Uninsured Motorist Coverage, your insurance company may not always act on your behalf. Some insurance companies use tactics to try to reduce the amount of money they pay. To protect yourself, consider hiring the personal injury lawyers at McKinney Vos. Our lawyers will help you explore your options, evaluate your claim to determine the value of your case, and fight for the compensation you deserve after an injury.

McKinney Vos Fights for the Compensation You Deserve

After a car accident when the other driver didn’t have insurance, the personal injury lawyers at McKinney Vos can help you obtain the compensation you deserve. We can guide you through the insurance claims process and advocate for your maximum financial recovery. Our lawyers have years of experience representing people hurt in car accidents. We will carefully analyze your situation, prepare a settlement demand that describes your injuries and how your life was impacted by the accident, and work to resolve your claim. If a resolution is not forthcoming, we will file a lawsuit and fight for the compensation you deserve.

To learn more, contact us today by calling (512) 714-9373 or completing our online form.