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What do I do If I am Involved in an Accident with an Uninsured Driver?

February 2, 2018

Getting into a car accident is always a stressful and trying experience no matter what the circumstances, but finding out that the other party has no car insurance can be especially alarming.

After any fender bender or car accident, we expect to be able to turn to our insurance or the insurance of the other party in order to pay for property damage and personal injuries. If the accident was due to no fault of your own, then your insurance company will expect the insurance company of the at-fault driver to pay for these claims.

Having insurance acts to protect yourself and others, and it is the law in almost every state, including the great state of Texas. In Texas, the law requires that a driver have at least $30,000 in personal injury coverage per person, and at least $25,000 of coverage for property damage. But unfortunately, not everyone follows the law and some do not carry sufficient coverage, or some may be the victim of a hit and run.

Uninsured Motorist Coverage

In order to protect yourself in the event of an accident with an underinsured or uninsured motorist, you can elect to add Underinsured and Uninsured Motorist Coverage. While Texas does not require drivers to maintain this sort of coverage, it can be extremely helpful if you have the misfortune of finding yourself in this sort of accident.

While this coverage isn’t necessarily cheap, you may be glad to have it because as many as one third of motorists in Texas have been reported to be without insurance at the time of an accident.

What to Do Following an Accident

If you’ve been involved in a car accident with an uninsured driver in Texas, be sure to call the police to respond to the scene of the accident and get the name and contact information of the other party.

The police should file a comprehensive and detailed report of the accident, which will be important if you should decide to sue the uninsured driver. At the scene of the accident, you should take photos of the accident site and obtain the contact information of any potential witnesses. As soon as you can, write down your own detailed account of what happened before you forget anything.

Your next step is to seek medical attention, even if you don’t think you were hurt or if you think your injuries were only minor. In some instances, more serious injuries may surface later on, and it is important to have an evaluation and written medical records after any accident.

Filing a Lawsuit Against an Uninsured Driver

The penalties in Texas for driving without insurance can be quite severe, but those penalties probably don’t mean much to you as you are struggling with questions of how to pay for medical bills, car repairs, and other mounting expenses following an accident.

Texas is a no-fault state, which means that if the uninsured party caused the accident, then you may be entitled to sue for damages.

Unfortunately, in many instances, a driver simply can’t afford adequate car insurance, which means they are unlikely to be able to offer much help financially, even when sued. However, there may be instances where other parties are also at fault, which is why it is crucial that you speak with an experienced auto accident law firm, like the team at Fears Nachawati.

We firmly believe that you shouldn’t have to pay for someone else’s negligence and will help exhaust all legal avenues available to you. Contact the experienced legal team at Fears Nachawati for a free, no obligation legal consultation to discuss the specifics of your auto accident with an uninsured driver. Please call (866) 705-7584, or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.


Use the form below to send us a note, call us at 214.890.0711 or chat with us live. We are eager to help with your legal needs. Please keep in mind that any unsolicited information sent through our website cannot be treated as confidential. Contacting us through this site does not create a representation relationship with Fears Nachawati.

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