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What happens after a crash with an uninsured driver?

On Behalf of | Oct 25, 2022 | Car Accidents |

There are certain steps that everyone knows to take after a motor vehicle collision. They know they need to call the police and file a report. They also know that they will likely need to file an insurance claim.

Drivers in Texas are required to carry a certain amount of liability coverage before they can operate a vehicle. The state requires both bodily injury and property damage liability protection.

But what happens if the driver who causes the collision does not have the appropriate insurance?

You could turn to your own insurance

In some cases, drivers carry more comprehensive policies than the minimum insurance required by the state. Many drivers specifically add uninsured and underinsured motorist coverage to their policies in the event this type of situation occurs. This extra protection helps cover your costs when you get hurt by someone not in compliance with state law. Sadly, your chances of encountering such a driver are higher than you might realize.

Although insurance rates may have changed since 2019, data from that year showed that 8.3% of Texas drivers carry no auto insurance on their vehicles. This means out of one in ten drivers operating cars on the roadways in Texas are doing so without the legally-mandated coverage.

But not all drivers choose to pay for uninsured or underinsurance coverage. So, what if you don’t have this additional auto insurance coverage on your policy?

You can take the other driver to court

Texas state law allows individuals to pursue personal injury lawsuits following motor vehicle collisions. If you can show that the other driver was negligent or broke traffic laws that caused the crash, you may be able to recover damages.

Knowing your rights and asserting them is important if you are involved in an auto accident due to an at-fault driver. For additional questions about the law, seeking guidance from a legal professional is advised.