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Texas law requires you to carry a minimum amount of liability insurance to cover damages that occur in a crash you cause. This law also protects you when another motorist is at-fault for an accident. Or at least it should. In reality, though, about one out of every seven drivers on the nation’s roads lacks auto insurance, according to the Insurance Research Council (IRC).
When an uninsured motorist causes a crash and you suffer injuries, it is much more difficult to get the compensation you need to cover your medical bills, lost wages, and vehicle repairs. However, you have someone in your corner. An uninsured motorist accident attorney in Dallas at Lovins Law can help you get the money you need. Call us today at 214-484-1930 to discuss your options.
How can I get compensation if the other driver does not have insurance?
Typically, after a Dallas car accident, you would file a claim against the driver who caused the accident. However, if the at-fault driver does not carry insurance, you will likely be unable to recover any kind of compensation from him.
You are not out of options, though. Your own personal insurance policy will be your first option.
You can use your medical payments or personal injury protection (PIP) coverages to pay your medical bills. Your PIP coverage will also pay a portion of your lost wages. If your injuries eclipse these policy limits, you have one more option. Uninsured motorist coverage pays compensation for the victims of this type of accident in the vast majority of cases. It is usually the best option to get the money you need.
Note: All of the above are optional policies; however, all auto insurance carriers must offer this type of optional coverage and you must decline the coverage in writing. This means that you might actually carry the coverage without realizing it.
What can I recover in an uninsured motorist claim?
Uninsured motorist coverage provides all of the benefits you would have received if you filed against the other insurer. These benefits will simply come from your own insurer. It covers you and anyone in your car, as well as family members and others who may be driving your car. There are two types of uninsured motorist coverage:
- Bodily injury: This coverage pays for medical bills, lost wages, pain and suffering, and other injury costs. There is no deductible.
- Property damage: This coverage pays to repair your car, rent a car, and to replace any items damaged in the crash. There is a deductible for this coverage.
You will be able to recover the following up to your policy limits:
- All of your medical expenses
- Emergency transportation to the hospital
- Hospitalization
- Treatment, including surgery
- Prescription medications
- Rehabilitation and physical therapy
- Ongoing care costs
- Long-term care facility costs
- Lost wages
- Partial or permanent disability
- Compensation for your pain and suffering
- Vehicle repair
- Replacement for a totaled vehicle
- Car rental, if necessary
- Funeral costs, if the victim passes away due to injuries
- Most other accident-related costs
It is important to note that the maximum payout amount of your uninsured motorist coverage mirrors the amount you selected for your liability policy. So if you opted for the required minimum 30/60/25 coverage ($30,000 per person, $60,000 per accident, $25,000 in property damage), your uninsured motorist coverage will provide the same amounts.
Do not think for a second that because you are seeking UIM or PIP coverage with your own insurance company they will be looking out for your interest. It will likely be just the opposite – your own insurance company will try to undermine your claim to protect their own interest even though they willingly took your premiums. That means they might try to give you less money than you need and deserve. But with Lovins Law in your corner, we will put our decades of experience to work for you, leveling the playing field and fighting for full compensation for your injuries.
Should I file a personal injury lawsuit?
Unfortunately, many times you will have no choice but to sue your own insurance company when seeking your uninsured motorist benefits. Insurance companies love taking your premiums, but they hate paying claims. If our attorneys are unable to negotiate a fair settlement with your insurance company, we will gladly file suit on your behalf and take them to trial if necessary to get the compensation you are rightfully owed.
So before you make any decisions regarding settlement, consult with a Dallas car accident attorney so you are better informed when determining how to proceed against your own insurance company. Remember – you pay premiums so that your insurance company will be there when you need them. Do not let them walk away from their obligations.
How can Lovins Law help me?
Lovins Law knows how frustrating it can be when you cannot hold the party responsible for your injuries liable. It is totally unfair that you may be left fighting with your own insurer to get what you rightfully deserve. But you paid your premiums, so your insurance company needs to hold up their end of the bargain.
We are dedicated to helping Texas residents get the compensation they need to cover their injuries, lost wages, property damage, and pain and suffering, whether it is from the insurance company of the driver that caused the accident or our client’s own insurance policy. We would love the opportunity to help you get proper compensation, even if the at-fault driver was an uninsured motorist.
Call us today at 214-484-1930 to schedule a free consultation to learn more about your options for compensation today.