If you’re hit by another driver in Texas, it’s usually straightforward to try and recover compensation. You’ll hire an attorney, the liable driver’s insurance company will make a settlement offer, and you’ll negotiate for a few months or years until they offer you a settlement large enough to cover your damages. However, when the driver who hit you is uninsured, things get more complicated. Contact a car accident injury lawyer in San Antonio for help.
Ask a Car Accident Injury Lawyer in San Antonio: What Happens If I Was Hit by an Uninsured Driver?
If you were hit by an uninsured driver, the truth is that it’ll be harder to recover compensation. You also won’t be able to recover non-economic damages, as unfortunate as that is. However, that doesn’t mean you’ll have to cover all of your financial damages yourself.
You should get in contact with an attorney for help, so you can get advice specific to your situation. Visit this page to get in touch with car accident attorneys with plenty of experience.
How Will I Be Compensated If the Other Driver Wasn’t Insured?
Use Your Insurance Company
If the other driver wasn’t insured or was underinsured, then you’ll need to get in touch with your own insurance company if you have the right policy. Most policies have uninsured driver coverage in them. If you decided to opt out of this when getting your coverage, then contacting your own insurance company to cover your damages will be an issue.
If you’re unsure of whether or not you have uninsured motorist coverage, then ask your insurance company. If you don’t, then your policy may still be able to cover some of your damages, such as property damage. Ask your attorney to help you go over the policy. You may be able to have some of your damages covered through your insurance policy up to the limit laid out in the policy.
Consider Your Health Insurance
If you have health insurance, it would be a good idea to go over your policy now in case there are some ongoing medical costs your auto insurance coverage won’t pay for. However, there are usually out-of-pocket costs even when you have good health insurance. That’s why it’s vital to recover as much as you can from your auto insurance provider to help lessen the burden on you going forward.
Consult the Texas Department of Public Safety
Filing a complaint with the Texas Department of Public Safety may help you recover some compensation, and it may get the uninsured driver’s license and registration suspended, so they can’t continue driving without insurance. If you wish to consult the Texas Department of Public Safety, then speak to your lawyer. They may help you follow the appropriate procedures and deal with your communications.
You may be able to recover compensation by contacting the DPS if the accident meets the following criteria:
- The accident was within the last 22 months
- The accident report states the other driver was liable
- You have more than $1,000 in damages
Consider If the Other Driver Was Truly Liable
Sometimes the other driver being negligent leads to them being liable for an accident. However, if there was another element at play, then this may be the true cause of the accident. For example, if the other driver hit you because of a pothole or debris on the road, then the accident may actually be the fault of whoever was responsible for maintaining the road.
If the accident was caused by poor road maintenance, then your attorney may advise you to seek compensation from the government entity in charge of maintaining the road. You must do this within six months of the accident occurring.
Can You Force the Uninsured Driver to Pay?
If you can’t recover compensation using any of the methods above, then you may still wish to file a lawsuit against the uninsured driver and make them pay. Unfortunately, although it’s within your right to do that, the chances of you actually recovering compensation through this are slim. It’s very complicated to collect a judgement against an individual, even with an attorney on your side.
If a judgement is taken against the uninsured driver, then the driver may just declare bankruptcy, and the judgement will be discharged.
Can I Recover Restitution If the Driver Has Been Prosecuted?
The other driver may be prosecuted for driving without insurance. In these cases, your attorney may contact the prosecutor on the case. Your attorney may request that the prosecutor pursues restitution for you when prosecuting the case and penalizing the driver, and sometimes the prosecutor will agree to do this.
If you were hit by a driver who was driving without insurance, then there are several ways you may go about recovering compensation. Your attorney will advise you on which is best for your case, and they’ll help you through the process as needed.
