Dealing with the aftermath of a car accident is stressful enough, but when the at-fault driver has no insurance (in an at-fault state like Texas), it can feel downright overwhelming.
The good news?
A skilled personal injury law firm can explore your options to recover damages.
The legal experts at No Bull Law have handled thousands of car accident cases, and we understand the frustration and uncertainty that accompany these situations. We’ll help you find practical solutions and get you the compensation you deserve.
In fact, you can book a free consultation with one of our experienced car accident attorneys, who will answer your questions and provide clarity on your case.
In the meantime, this article will provide some insights into Texas law around uninsured car accidents.
Texas Auto Insurance Requirements: A Brief Overview
Texas requires all drivers to carry minimum liability car insurance to cover damages if they’re found at fault in vehicle accidents. Here’s the breakdown of the must-haves:
- $30,000 for bodily injury per person
- $60,000 per auto accident
- $25,000 for property damage
Think of it as the “bare minimum safety net” for covering medical expenses, lost wages, pain and suffering, and car repairs or replacements if you’re at fault in a motor vehicle accident.
Additionally, Texas mandates proof of insurance to register your vehicle or renew your license. If you skip this step, you could face fines over $1,000, lose your license, or even have your car impounded.
But despite these severe penalties, around 20% of Texas drivers are uninsured, meaning over 3 million individuals are on the roads without insurance coverage.
To reiterate, liability insurance covers the essentials, so you can pay for damages if you’re at fault. However, adding extras like uninsured motorist coverage or personal injury protection (PIP) offers peace of mind for when the roles are reversed—especially if you get hit by a driver without insurance.
If you're involved in a Texas car accident with an uninsured driver, recovering compensation can be challenging but not impossible.
We’ll go through a few options below.
By law, Texas insurers must offer UM and UIM coverages unless you decline it in writing.
This coverage is a crucial safeguard in Texas, especially if you’re:
- Injured by a driver with little or no insurance
- Involved in a hit-and-run
- Involved in an accident with a stolen vehicle
UM and UIM policies typically cover medical expenses, lost wages, and pain and suffering. But like most good things, they come with limits (and sometimes deductibles), which means they might not cover all your expenses.
In both cases, a car accident lawyer plays a crucial role. They will investigate the specific details of your case to identify all possible liable parties and handle the legal complexities of filing an accident claim against multiple defendants.
A personal injury lawyer knows how to get the most out of your uninsured motorist or underinsured motorist policy.
They’ll help you decode the fine print, negotiate with insurers to get the best payout, and, if necessary, explore additional ways to recover damages if you’ve suffered serious harm.
Personal Injury Protection (PIP) is like the quick-fix insurance option in Texas — it kicks in immediately to cover medical bills and lost wages, no matter who caused the motor vehicle accident.
Texas law mandates insurers to offer a minimum of $2,500 in PIP coverage unless you waive it in writing.
PIP typically covers 100% of your medical expenses and 80% of lost income, making it a lifesaver for those early costs.
But PIP has its limits and may not stretch far enough for an accident victim with severe injuries.
Once again, that’s where a car accident lawyer steps in. They’ll explore options like filing an uninsured motorist claim or even a personal injury lawsuit to make sure you’re fully compensated for all your losses.
C. Setting Up a Voluntary Payment Plan with the Uninsured Driver
If the uninsured driver has a steady income, setting up a voluntary payment plan could be a practical way to recover damages — because sometimes, it’s easier to work things out than to drag it into court.
This approach involves agreeing on a repayment schedule to cover your costs, saving you the time and expense of litigation.
Of course, your car accident lawyer will ensure the agreement is rock-solid, with clearly documented terms, deadlines, and payment amounts to make it legally binding.
While it’s not always the ideal solution, a well-structured payment plan can help bridge the gap when UM or PIP coverage falls short — especially if the uninsured driver is genuinely committed to taking financial responsibility.
D. Filing a Lawsuit Against the At-Fault Driver
While Texas law allows the accident victim to sue uninsured drivers, it’s important to note that this option often doesn’t yield meaningful results due to the state’s strong asset protections.
For instance, the Texas Property Code includes provisions like the homestead exemption, which safeguards a primary residence from being seized to satisfy a judgment.
A lawsuit is generally worth pursuing only if the uninsured driver has significant assets or a stable income.
An experienced personal injury attorney can evaluate the driver’s financial situation to determine whether they are “judgment-proof” — meaning they lack the resources to pay a court-ordered judgment, even if found liable.
If the driver is deemed judgment-proof, pursuing a lawsuit may only lead to unnecessary legal expenses without much return.
E. Pursuing a Third-Party Accident Claim
In some cases, you may be able to pursue compensation from third parties beyond the uninsured Texas driver.
For example, if a defective vehicle part or poor maintenance contributed to the accident, a claim against the manufacturer or service provider involved could be viable.
Similarly, in drunk driving accidents, your lawyer could hold the establishment that served the alcohol accountable under dram shop liability.
In both cases, a car accident lawyer plays a crucial role, investigating the specific details of your case to identify all possible liable parties. They will also handle the legal complexities of filing an accident claim against multiple defendants.
What Damages Can You Recover After a Car Accident with an Uninsured Driver?
Many assume that a car accident claim is limited to property damage and medical bills. But a skilled Texas car accident lawyer can help you pursue additional damages you may not realize you’re entitled to:
- Medical Costs: You can seek compensation for expenses related to medical care resulting from the other driver’s negligence.
- Pain and Suffering: Compensation for physical discomfort and emotional distress caused by the accident and any car accident injury
- Lost Wages: Recovery for any income lost if the accident prevented you from working.
- Property Damage: Coverage for repair or replacement of your vehicle or any personal property damaged in vehicle accidents.
- Survivor Benefits: In fatal driving accidents, the victim’s family can pursue wrongful death benefits for their loss.
With that said, the extent to which your attorney can recover these damages depends on your immediate actions after the accident. If you don’t take all the right steps, your ultimate settlement may be reduced or made impossible to secure at all.
From documenting the scene to contacting a car accident attorney, these are the steps to take immediately after car accidents to secure your ability to recover your damages.:
- Document the Scene: Capture photos and videos of the accident, vehicle damage, injuries, and any road hazards. Additionally, gather witness statements to support your account of what happened.
- Call the Police: In Texas, the law mandates that you file a police report for driving accidents involving injury, death, or property damage exceeding $1,000, typically within 10 days.
- Exchange Information: Gather the other driver’s contact details, vehicle registration, and driver’s license info, with police assistance if needed.
- Seek Medical Attention: Get medical care immediately to document every car accident injury, even if it seems minor.
- Notify Your Insurance: Inform your insurance company about the incident to activate potential UM or PIP coverage.
- Consult a Car Accident Attorney: A Texas car accident lawyer can keep you from incriminating yourself after an auto accident, so the sooner you contact one, the better. They’ll also help you navigate claims, negotiate with insurers, and explore further compensation options if needed.
- Keep All Records: Save the police report, medical bills, repair estimates, and communications for car insurance claims or legal action.
As you can see, much needs to happen before you even begin the settlement claims process — which is a whole different ball game, especially when an uninsured driver is involved. This is where your car accident lawyer becomes your most invaluable asset to help you maximize those claims, among other things.
6 Reasons to Consult One of Our Texas Personal Injury Lawyers Today
A strong legal ally can turn a stressful situation into a manageable one — see why consulting with us today is the best step forward:
1. Maximized Compensation Potential
With a comprehensive understanding of both financial and non-financial damages, our lawyers work diligently to ensure your settlement reflects the full scope of your losses.
Research indicates that clients often receive 3 to 3.5 times more compensation with legal representation than those who do it alone.
2. No Fee, ‘Less We Win
At No Bull Law, you only pay if we win your car accident case — no upfront costs, no stress.
In Texas, a personal injury lawyer typically charges a contingency fee ranging from 33% to 40% of the final settlement, providing fair representation without financial strain.
3. We Keep Insurance Adjusters in Check
When you have to ask your insurance company for compensation because the at-fault driver was uninsured, their adjusters may seek to lower your payout.
Our personal injury lawyers deal with insurance companies daily and will fight for the compensation you’re owed.
4. Simplified Legal Process
A car accident claim can be a maze of legal steps and deadlines. If you don’t know how to cross your T’s and dot your I’s, you may put your claim at risk.
Our personal injury lawyers have the expertise to navigate this maze. They’ll simplify legal jargon for you, ensure you meet critical deadlines, and guide you through each stage of the personal injury lawsuit, helping you avoid costly mistakes.
5. We Build a Rock-Solid Case
Our lawyers will gather all the medical records, witness statements, and other crucial evidence they need to strengthen your car accident case.
With us in your corner, you can focus on healing while we focus on winning.
6. We’re Ready for Court
If negotiations fall short, our personal injury lawyers will take your case to court.
Our law firm provides skilled representation to fight for the compensation you deserve, every step of the way.
Contact Our Texas Lawyers and Get a Fair Deal on Your Uninsured Car Accident
Dealing with a Texas car accident caused by an at-fault driver without insurance can be overwhelming, but it doesn’t have to be.
Knowing your rights and the steps to take can be the key to securing the outcome you deserve.
The legal experts at No Bull Law know how to navigate this complex situation, and we’ll fight tooth and nail on your behalf.
Don’t face the road ahead alone.
Contact No Bull Law today for a free consultation, and let us put our expertise to work for you.
