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What if the Driver Who Caused My Accident Was Uninsured?

Posted on in Car Accidents

TX injury lawyerWhen a careless driver crashes into you, you can be thrown into a horrible situation. You might be in pain from your injuries. You could be missing work or unable to fulfill your household responsibilities. Your vehicle is probably totaled, forcing you to replace it. The one saving grace in that situation should be that the responsible driver’s insurance company is supposed to pay all your expenses so that you do not suffer any financial losses. When it turns out that the other driver does not have insurance - or his insurance is insufficient to fully compensate you - you may be wondering who will pay for your expenses and lost income due to the accident. Your best bet is to contact an attorney who can help you understand your options for making a financial recovery after a serious accident with an uninsured motorist.

Who Pays if the Other Driver’s Insurance Will Not?

You may have multiple options for recovering financial compensation after a crash caused by an uninsured motorist. The two main parties you could recover compensation from are your own insurance company, and the other driver himself. There are benefits and drawbacks to both. A lawyer can help guide your decision about which route to pursue.

Every insurance company operating in Texas must offer uninsured/underinsured motorist coverage. This type of coverage exists specifically to address this type of situation. Unless you specifically opted out in writing when you signed up for your insurance policy, you almost certainly have this type of coverage. Even if you only have state minimum insurance, you may be able to recover up to $30,000 in damages from your own insurance company.

The drawback of this approach is that you are still dealing with an insurance company that will do just about anything to avoid paying your claim. You will most likely need an attorney to help you recover the entire amount that your claim is worth. However, this is still the approach that is more likely to get you full compensation as the insurance company has the resources to pay out a settlement.

The other approach is to sue the at-fault driver and hold him personally liable. The major problem with this approach is that the driver may not have the personal resources to pay a settlement or award. In many cases, the reason a driver does not carry auto insurance is that he cannot afford it, or would be denied coverage due to a bad driving history. Trying to get this type of driver to pay a claim can be a bit like squeezing water from a stone.

Whichever route makes the most sense for you, it is important to have legal representation during negotiations or any court proceedings.

Call a El Paso Uninsured Driver Accidents Lawyer

If you have been in an accident caused by an uninsured or underinsured driver, James Kennedy, P.L.L.C. may be able to recover compensation on your behalf. Our skilled Sierra Blanca uninsured driver accidents attorneys can help you pursue financial recovery from your insurance company or the other driver. Call 915-544-5200 for a free consultation.




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