Ask a Car Wreck Injury Lawyer: If the Other Driver Is Uninsured, How Do I Get Compensation?

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After you have been involved in an accident, one of the smartest things you can do is contact a car wreck injury attorney in San Antonio. A lawyer will represent you so you can get the best possible settlement, even if the other driver refuses to cooperate or was uninsured at the time of the accident.

Ask a Car Wreck Injury Attorney in San Antonio: If the Other Driver Is Uninsured, How Do I Get Compensation?

If the other driver involved in your accident is uninsured, it can be much more difficult to get the compensation you are entitled to for your injuries and damages. However, hiring a car wreck injury attorney can help you find a strategy to pay for your damages. Check out this site to learn more about what you should do if the other driver is uninsured.

Personal Injury Lawsuit

If you’ve been in a car accident with an uninsured driver, your only option is to file a personal injury lawsuit against the driver since you will not be able to collect compensation from the other driver’s insurance company. Filing a personal injury lawsuit is a much longer process than filing a claim with the other driver’s insurance company. However, with a personal injury lawsuit, you will still be able to receive a settlement.

Where Does the Compensation Come From?

If you need to file a personal injury lawsuit, then the compensation for your settlement will come directly from the assets of the other driver. This is a major disadvantage of filing a personal injury lawsuit against an uninsured driver as this means your compensation will be limited to the assets that the other driver owns.

If the uninsured driver does not have any assets, which is common for someone who doesn’t have insurance, then your settlement after a personal injury lawsuit may be very little. However, if the uninsured driver does have assets, you will likely receive fair compensation from your settlement.

Is It Illegal to Drive Uninsured?

In Texas, like many other states, it’s illegal to drive a car without car insurance. If a driver is caught driving without adequate insurance coverage for the first time, they are usually penalized with a fine between $175 to $350. Repeated incidents of driving uninsured can cause this penalty to increase, such as with a $1000 fine, annual surcharges, an impounded vehicle, and a suspension of driving privileges.

Should You Have Uninsured Motorist Coverage?

It’s a good idea for drivers to have uninsured motorist coverage. Because many drivers on the road are uninsured and because a personal injury lawsuit doesn’t always guarantee a settlement after an accident with an uninsured driver, having a special insurance policy can give you more protection.

For example, if you file a personal injury lawsuit against an uninsured driver who has no assets and you are unable to receive a settlement for injuries and damages, the uninsured motorist’s coverage on your insurance policy will provide you with the money you need to cover lost wages and vehicle repair costs.

What Should You Do After an Accident With an Uninsured Driver?

After a car accident with an uninsured driver, many of the steps you take will be similar to the steps you should follow after any other car accident. For example, you should get out of immediate danger, contact the police, and move vehicles out of the direct flow of traffic if possible.

The important distinction is that you will need to be very careful with exchanging and collecting information after an accident with an uninsured driver. For example, you will need to make note of the make and model of the uninsured driver’s vehicle, take pictures, note the time and location of the accident, and even collect information about the officer who responded to your call.

What If the Uninsured Driver Tries to Offer You Money?

Some uninsured drivers may try to offer you money after an accident because they do not have car insurance. This is a way that uninsured drivers may try to bypass the legal penalties associated with driving an uninsured vehicle.

However, you should never accept money directly from an uninsured driver. Accepting money without filing a lawsuit could prevent you from claiming compensation in the future. Instead, if the uninsured driver tries to offer you money to cover your injuries and damages, you should share this information with your lawyer so your lawyer can give you the best advice about how to proceed.

Although it is illegal to drive a vehicle uninsured in Texas and many other states, there are still dozens of drivers on the road who operate vehicles without insurance coverage. While these drivers may be penalized for driving uninsured, it can be difficult for other drivers involved in accidents with uninsured motorists to receive compensation. Fortunately, a personal injury lawsuit may be able to help you settle, as long as the uninsured driver has assets.