A Guide to Suing an Uninsured Driver for Damages
If you or a loved one were involved in a car accident and are considering suing an uninsured driver for damages, the top attorneys from Grimes & Fertitta have created this guide to help you navigate the legal process.
We understand that being hit by an uninsured driver in Texas can be frustrating and confusing. Though the state of Texas requires every motorist to carry the basic 30/60 coverage, an estimated 20 percent of Texas drivers are uninsured. Because being involved in an accident with an uninsured or underinsured motorist can happen to anyone, knowing the process of suing an uninsured driver for damages is important.
How do underinsured motorist claims work?
Texas is a fault or tort-based state, meaning the person who caused the crash is responsible for the crash and its consequences. So, you’ve been hit by a driver and you’re ready to take action, but you soon find out they don’t have any insurance. The question then becomes, “Can I sue an uninsured motorist?” Yes, you can –– but it may not be worthwhile.
Sometimes, suing an uninsured driver for damages might not be viable simply because the uninsured driver doesn’t have the money to cover the damages in the first place. This means even if you sue, you may not get a substantial amount of money to cover the damages.
However, even when you’re hit by a driver without insurance, you still have car accident victims’ rights that allow you to receive the compensation you need for the damages. This is where your insurance company can step in.
How much can I get from an uninsured motorist claim?
If you choose to file a personal injury claim against an uninsured or underinsured motorist, your insurance company will contact the at-fault driver to see if they can cover your damages. The average uninsured motorist payouts aren’t much, with the average being below $10,000. If you have uninsured/underinsured motorist coverages (UIM) added to your car insurance plan, this can cover the damages up to the limit of your policy. In the state of Texas, this can be up to $30,000.
The Texas statute of limitations states that you have two years from the date of the accident to file a claim against the at-fault driver. Don’t hesitate to contact an attorney who can help you file your claim.
What an attorney can do for you
Once you decide that you would like to move forward with taking legal action against the uninsured or underinsured motorist that hit you, contact an attorney as soon as possible. Why?
Suing an uninsured driver for damages is not the same as receiving common lawsuit damages. There are certain hoops you have to jump through before you can receive the compensation you deserve.
An experienced attorney will help you with the following steps:
- Analyze and understand your current insurance policy
- Do you have uninsured/underinsured motorist coverages?
- Investigate the accident and parties at fault
- Determine fault through negligence on behalf of the uninsured driver
- File a claim with documentation
- Get the settlement you deserve from your insurance
Suing an uninsured driver for damages? Let Grimes & Fertitta take on your case.
Getting into a car accident with an uninsured driver can leave you feeling worried and frustrated. Just because that individual does not have the money to cover the costs, does not mean that you have to take care of the damages all alone. Contact a car wreck attorney in Houston from Grimes & Fertitta to help you navigate this process. With our legal team on your side, you will not have to face any unnecessary burdens.
Call Grimes & Fertitta at 713-804-8596 or schedule a free consultation online today.
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