Uninsured Motorist Accidents in Texas: A Guide from a Personal Injury Attorney

Navigating the aftermath of a car accident can be daunting, particularly when the at-fault driver is uninsured. In Texas, uninsured motorist accidents are unfortunately common, leaving victims with questions about their rights and the best course of action.

As an experienced personal injury law firm, Spurlock & Associates, P.C. is here to provide clarity on what to do if you find yourself in this situation, helping you understand the nuances of uninsured motorist coverage and the steps to take to protect your interests.

The Reality of Uninsured Motorists in Texas

Despite legal requirements, many drivers in Texas operate their vehicles without insurance. Institutions like the Texas Department of Insurance and the Texas Department of Transportation estimate that approximately 14-20% of drivers in the state are uninsured. This lack of coverage can create significant financial and legal complications for those involved in accidents with uninsured drivers.

What is Uninsured Motorist Coverage?

Uninsured Motorist (UM) coverage is an essential part of your auto insurance policy designed to protect you if you are involved in an accident with a driver who does not have insurance. UM coverage typically includes:

• Bodily Injury (UMBI): Covers medical expenses, lost wages, and other injury-related costs for you and your passengers.
• Property Damage (UMPD): Covers repairs to your vehicle and other property damage resulting from the accident.

In Texas, insurance companies are required to offer UM coverage, but drivers have the option to reject it in writing. Given the high rate of uninsured motorists, maintaining UM coverage is a prudent decision.

Steps to Take After an Uninsured Motorist Accident

1. Prioritize Safety: Your safety and the safety of others involved in the accident should always be your first concern. If possible, move your vehicle to a safe location to avoid further accidents or injuries. Turn on your hazard lights and call 911 immediately to report the accident and request medical assistance if needed.
2. Gather Information: Collect as much information as you can about the accident. This includes the uninsured driver’s name, contact details, and license plate number. If there were any witnesses, ask for their contact information as well. Additionally, document the accident scene by taking photographs of the vehicles, damages, and any relevant road signs or signals.
3. File a Police Report: In Texas, it is essential to file a police report for any accident involving injuries, deaths, or property damage exceeding $1,000. Even if the other driver is uninsured, having an official police report can strengthen your case when dealing with your own insurance company or in court.
4. Contact Your Insurance Company: Notify your insurance company about the accident as soon as possible, even if the other driver is uninsured. Your policy may include uninsured/underinsured motorist coverage, which can help cover your medical expenses and property damage. Your insurance company will guide you through the claims process and help you understand your policy’s coverage.
5. Seek Medical Attention: Regardless of the severity of your injuries, it’s crucial to seek medical attention promptly. Some injuries, like whiplash or internal injuries, may not be immediately apparent but could cause complications later on. Document all medical visits, treatments, and expenses, as these records will be essential for your personal injury claim.
6. Consult a Personal Injury Attorney: Dealing with an accident involving an uninsured motorist can be legally complex. Consulting an experienced personal injury attorney can greatly simplify the process. They can help you understand your rights, negotiate with insurance companies, and, if necessary, represent you in court. A skilled attorney can also explore other options for compensation, such as filing a lawsuit against the uninsured driver personally.
7. Preserve Evidence: Keep all documents related to the accident, including medical bills, repair estimates, and correspondence with insurance companies. This evidence will be crucial when building your case. Additionally, follow your attorney’s advice on what information and evidence to gather to strengthen your claim.

Consult a Personal Injury Attorney Today

Uninsured motorist accidents in Texas present unique challenges, but understanding your rights and options can help you navigate the aftermath more effectively. Having UM coverage provides a crucial safety net, ensuring that you are not left bearing the financial burden of an accident caused by an uninsured driver. If you find yourself in this situation, seeking the guidance of an experienced attorney can make a significant difference in securing the compensation you deserve.

Contact Spurlock & Associates, P.C. today at 281-548-0900 to discuss your personal injury case.