In Texas, all drivers must carry a liability insurance policy, which is meant to pay for damages suffered by another party if they cause a crash. However, not everyone lives up to this basic requirement.
According to the Insurance Research Council, nearly 13% of drivers in the United States are uninsured. In Texas, that figure is at nearly 14.1%, slightly above the national average.
Uninsured car crashes can present unique complications for those involved. As a Houston accident victim, you will not be able to file a claim against the insurance provider of the driver. Instead, you will likely have to seek a lawsuit. This means that the responsible driver may have to pay for your damages out of his or her own pocket.
If you’ve been injured by an underinsured or uninsured driver, you should contact an experienced Houston car accident attorney at West Loop Law and the Law Office of Nhan Nguyen, MD, JD.
Uninsured Motorist Coverage
When you purchase auto liability insurance, your insurance provider must provide you with the chance to purchase UM or UIM coverage, which can help protect you and your passengers in the event of a collision with an uninsured or underinsured motorist.
If you carry UM or UIM coverage, they can help you in some important ways:
- Uninsured motorist (UM) coverage. This covers property damage and bodily injury in the event of a collision caused by an uninsured driver.
- Underinsured motorist (UIM) coverage. This covers property damage and bodily injured when hit by a motorist with inadequate auto liability insurance.
Can I File a Lawsuit Against the Uninsured Motorist?
If you do not carry UM or UIM coverage, you may be able to seek a lawsuit against the uninsured motorist. If you are successful, your settlement will be drawn from his or her personal assets. First, your attorney will have to prove negligence. In order to establish negligence, you must prove the following elements:
- Duty of care. The uninsured drive owed you a responsibility to not cause harm.
- Negligence. The driver breached this duty by negligent acts.
- Causation. The driver’s negligent actions caused the accident.
- Damages. The accident was the direct cause of your injuries and losses.
If your attorney is able to establish these four elements, you will likely be awarded a settlement that will cover property damage and other losses related to your injuries.
Filing a Claim Against a Third-Party in Texas
Texas Law allows accident victims to hold someone other than the driver liable for their accident. An example would be where an uninsured driver hit you while on the job. In this case, you would be entitled to file a claim against your employer.
In a drunk driving case, you can recover damages from the bar, store, or restaurant that provided the at-fault driver with alcohol.
If you or a loved one has been injured in a crash caused by an uninsured or underinsured motorist, contact a personal injury lawyer in Houston today at West Loop Law and the Law Office of Nhan Nguyen, MD, JD.
Houston Car Accident Attorneys
The attorneys at West Loop Law and the Law Office of Nhan Nguyen, MD, JD have years of experience representing crash victims across the state. It is our goal to provide our clients with the best legal representation available. Our experienced Houston car wreck lawyers are dedicated to defending your rights in personal injury matters, in cases related to defective products, recalled drugs, child injuries, and car crashes.
If you or a loved one has been injured in an accident, contact our offices immediately at 713-840-7200 to see what we can do for you.
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