You carry auto insurance and expect the same from everyone else. The way you look at it, everyone should follow Texas law. The Lonestar State requires all drivers to meet the minimum insurance requirements. Unfortunately, not everyone follows the law.
An estimated 14% of Texas drivers are uninsured and this isn’t good news if you’re involved in a car accident. If the at-fault motorist isn’t carrying insurance, can you still recover compensation? There’s a chance you’re not going to be stuck paying for your damages, but it depends on a few factors.
What Type of Texas Car Insurance Are You Carrying?
Every state including Texas has what’s known as minimum insurance laws. This simply refers to the minimum amount of coverage every licensed driver must carry. The Lonestar State has what’s referred to as the 30/60/25 rule:
- $30,000 of coverage per person
- $60,000 of coverage per accident
- $25,000 for property damage
You may also know this type of insurance as limited liability. If you’re only carrying liability insurance, your damage isn’t covered by your policy. Limited liability insurance only covers damage you cause to someone else’s property.
On the other hand, if this applies to the at-fault driver your losses are usually covered up to the policy’s cap. So, if the at-fault driver is only carrying $25,000 in property damage and your losses exceed the cap, you may be stuck covering the rest.
While this type of scenario is an example of an underinsured motorist claim, the steps you follow to recover losses in an uninsured car accident claim are the same.
Your Options For Recovering Compensation From an Uninsured Motorist Collision
Losses from a car accident can range from minor to severe. Even if your damages are minimal, you still want to recover at least some compensation.
While you can probably get some of your financial losses back in an underinsured motorist claim, things are different when a driver isn’t carrying insurance. You typically have two options. You can file a claim with your health insurance providers or sue the uninsured driver for compensation.
Filing a Claim with Your Auto Insurance Carrier
If you’re only carrying liability insurance, you’re probably out of luck. Remember, this type of auto insurance doesn’t cover your vehicle damage. Things may be a little different if you have full coverage, but it depends on your policy.
Some insurers offer full coverage policies that do exactly what the name implies. Others have restrictions that can include covering damage caused by an uninsured driver. You can also run into this issue if the at-fault driver is underinsured. Your policy may have caps on claim amounts.
Along with liability and full coverage, you can add to your policy. Most insurance providers offer what’s known as uninsured and underinsured accident protection. This type of policy is usually added to an existing one. Uninsured motorist insurance covers your losses up to the policy’s cap, regardless of who’s liable for the accident. Underinsured coverage picks up where the at-fault driver’s policy leaves off.
So, what happens if you’re only carrying liability insurance or you have gaps in your policy? Are you stuck paying accident-related expenses out of your pocket? You can file a lawsuit against the at-fault driver in civil court. There can be some surprising benefits to filing a personal lawsuit, but there’s also one huge potential downside.
The Ups and Downs of Filing an Uninsured Motorist Lawsuit
A lawsuit is different from a personal injury claim. You’re not seeking financial compensation from an insurance company. Instead, your lawsuit is against the at-fault driver. This is a civil case so you can’t request any criminal charges. That’s up to the criminal justice system.
Filing a lawsuit can have a few advantages. You’re not negotiating with insurance adjusters. On the other hand, the defendant’s lawyer may be ready to argue against every part of your lawsuit. You’re also not relying on the insurance company’s decision.
If you choose to try your lawsuit before a jury, your case is before 12 of your peers. Jurors may be a little more sympathetic and more likely to rule in your favor. However, there doesn’t guarantee you’ll get the judgment you want.
The biggest potential downside to a lawsuit is there’s no guarantee the defendant will ever be able to pay any settlement you may win. Remember, the defendant personally is responsible for paying any financial compensation you may be awarded.
If filing a lawsuit is the way to go, you must establish negligence. If you can’t prove negligence, your lawsuit is probably going to be dismissed.
Establishing Negligence in a Texas Uninsured Motorist Accident Claim
Even though this isn’t a claim against the at-fault driver’s insurance company, the court is still going to ask you to establish negligence. This means meeting the four key elements: duty of care, breach of duty, causation, and damages.
Duty of Care
Everyone owes someone a duty of care. Essentially, this means acting in a way that doesn’t place others at risk. All motorists owe others a duty of care to follow all traffic laws.
Breach of Duty
When someone fails to act or behave in the same way you expect from a reasonable person, it can be a breach of duty. A reasonable motorist will follow all Texas traffic laws, including meeting the state’s minimum insurance requirements. Failing to comply with state law can be a breach of duty.
Causation
To meet the third element of negligence, you must show the at-fault driver’s actions are the direct cause of your damages. This can be showing the other motorist’s lack of auto insurance is causing your financial losses.
Damages
This is the final element of negligence. You must show the defendant’s lack of insurance coverage is directly responsible for your damages. In this type of lawsuit, your damages are your financial losses.
Proving negligence in an uninsured motorist accident claim isn’t always easy. You’re also wading through various Texas insurance laws. To help ensure you can recover compensation in an uninsured motorist vehicle accident claim, talk to a Texas personal injury attorney.