The screech of tires, the crunch of metal—a car accident is a traumatic experience. But discovering that the driver who hit you has no insurance adds a layer of profound frustration and uncertainty. How will you pay for your medical bills? How will you cover your lost wages and car repairs? In Houston, where a significant number of drivers are on the road without adequate insurance, this is an all-too-common nightmare. Fortunately, you have options, and you don’t have to face this challenge alone.
Texas law requires all drivers to carry a minimum of 30/60/25 liability coverage: $30,000 for injuries per person, up to $60,000 per accident, and $25,000 for property damage. However, due to high insurance costs and other factors, many drivers illegally forgo coverage, leaving their victims in a difficult position. If you’ve been hit by an uninsured driver, your primary path to compensation may lie within your own auto insurance policy.
Your First Line of Defense: Uninsured/Underinsured Motorist (UM/UIM) Coverage
Uninsured/Underinsured Motorist (UM/UIM) coverage is an optional but invaluable part of your own car insurance policy. It is designed specifically for this type of situation. When the at-fault driver has no insurance (uninsured) or not enough insurance to cover your damages (underinsured), you can file a claim with your own insurance company under your UM/UIM policy.
This coverage can help pay for:
- Medical Bills: Including emergency room visits, hospital stays, surgery, and ongoing physical therapy.
- Lost Wages: If your injuries prevent you from working.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
- Property Damage: Some UM/UIM policies also cover damage to your vehicle.
Filing a UM/UIM claim is not always a simple process. Even though you are dealing with your own insurance company, they may not make it easy to get the compensation you deserve. This is where a skilled attorney who handles insurance coverage disputes can be a crucial ally.
Why You Still Need a Lawyer for a UM/UIM Claim
Many people believe that because they are filing a claim with their own insurer, the process will be friendly and straightforward. Unfortunately, this is often not the case. Insurance companies are for-profit businesses, and their primary goal is to minimize payouts, even to their own policyholders. An adjuster may try to:
•Dispute the severity of your injuries: They might argue that your injuries aren’t as serious as you claim or were pre-existing.
•Offer a quick, lowball settlement: They may pressure you to accept a settlement that is far less than what your claim is actually worth.
•Delay or deny your claim: They may use bureaucratic tactics to delay payment or find a reason to deny your claim altogether.
An experienced Houston car accident lawyer will protect you from these tactics. They will handle all communications with the insurance company, gather the necessary evidence to prove the full extent of your damages, and negotiate aggressively to ensure you receive a fair settlement. If the insurance company refuses to act in good faith, your attorney can file a lawsuit to hold them accountable.
Can You Sue the Uninsured Driver Directly?
Yes, you have the legal right to file a personal injury lawsuit against the at-fault driver. However, there is a practical challenge: if the driver didn’t have the money or responsibility to pay for car insurance, they likely don’t have the assets to pay a legal judgment. While you may win the lawsuit, collecting the money you are owed can be difficult or impossible.
For this reason, pursuing a UM/UIM claim is almost always the most effective way to recover compensation after an accident with an uninsured driver. Your attorney can advise you on all possible avenues for recovery, including whether a direct lawsuit against the driver is a viable option in your specific case.
Don’t Wait to Get Help
After any type of personal injury accident, time is of the essence. You need to focus on your physical recovery, not on fighting with insurance companies. If you’ve been hit by an uninsured or underinsured driver in Houston, let an experienced legal team fight for you.Contact the Stano Law Firm today for a free consultation. We will review your case, explain your legal options, and help you understand how to move forward. You don’t have to navigate this difficult situation alone.