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April 10, 2016 by Greg Baumgartner
What can I do if someone with no insurance hits me? This is a common question, particularly in Houston, Texas, because nearly 1/3 of all drivers in Texas do not have valid car insurance coverage at the time of a car accident.
The truth is that the odds are highly likely that you will be in an accident at some time with someone who has no insurance or low-limits insurance. If you hit someone without insurance, read on.
This problem in Texas has been exacerbated by political leaders who have allowed “junk” policies to be sold in Texas.
Recent requirements make insurance companies disclose their extreme limitations in coverage, but the average policyholder does not comprehend or read the auto insurance policy. Call a car insurance lawyer for answers if you have questions about your coverage.
Worse for Texas consumers is that Texas does not require an auto insurer to spend a set amount on claims, which guarantees that Texas families will have overpriced car insurance. Thus, the problem of being in an accident with an uninsured motorist continues to hurt the average Texas family unnecessarily.
So, you have been in an accident with someone who does not have insurance or is not covered by insurance at the time of the accident. You may want to know how to sue someone with no car insurance. Here are several steps you can take in that situation.
The easiest way to protect yourself against being in an accident or someone who does not have insurance coverage is to buy uninsured motorist coverage from your insurance carrier. While this type of coverage is not necessarily cheap, the odds are that if you live in Texas, you’ll be glad you bought that coverage.
Auto insurance can be confusing. Understanding the coverage you have is vital.
Uninsured motorist coverage also contains underinsured coverage for situations where you are in a car accident and the negligent driver had no coverage or inadequate coverage.
This type of coverage provides insurance that the negligent driver should have provided. It also puts you in an adversarial relationship with your insurance company, and those insurance companies can be ruthless in trying to avoid paying at all costs.
Recently, we have found that it is necessary to sue the UIM policy provider to obtain fair compensation for our clients. This development is because of court rulings regarding what triggers the obligation of the insurance company to pay an uninsured motorist claim. Suing your own insurance company is often necessary.
Texas being pro insurance, the anti-consumer environment makes the innocent car wreck victim take extra steps to collect what they are entitled to from their insurance company.
As stated above, Texas is a fault state. This means it is necessary to prove who caused the accident to collect damages like pain and suffering. You have to prove the other guy was more at fault for causing the accident than you were in Texas.
Uninsured Motorist coverage provides protection against hitting someone who is driving without insurance. If the at-fault driver did not have car insurance, you file a claim with your insurance company if you have Uninsured coverage.
If the driver at fault had liability coverage, you file a claim with that policy. The state requires everyone in Texas to have liability insurance.
If you have an uninsured motorist or full coverage on your policy and have been informed that the person who hit you has no insurance coverage. In that case, you should claim with your own insurance company or hire a personal injury attorney to do that for you.
For property damage claims, if you had collision coverage on your policy, you will want to make a claim with your own insurance company and ask if they will “sue for or collect your deductible.”
We recommend you find a shop you trust to repair your vehicle and let them deal directly with your insurance company regarding repairs. Getting into the repair cost battle is a thankless job that does no good. Here is an article on how to value your car if your car is a total loss.
If you do not have uninsured motorist coverage on your automobile policy. In that case, you will want to investigate whether the negligent driver who caused the wreck or injuries had no insurance coverage.
In some instances, insurance companies initially deny coverage only to recant later and pay a claim.
Any interaction with an adverse insurance company should be filtered through a lens that knows whenever the insurance company says they intend to defend the claim and pay nothing or as little as possible if they can get away with it.
Now that you know that insurance companies are out to defend, deny, and delay as part of their standard business procedures, what can you do? You may need to investigate the insurance company’s claims in their denial of coverage.
Do not accept a simple oral statement from an insurance company saying there is no insurance coverage. Ask the adjuster for a letter from the insurance company stating that there is no insurance coverage and why they say that is true.
If you have uninsured motorist coverage, your carrier will want confirmation that there is no coverage from the other driver. Once you have provided that to your insurance company, the burden shifts to prove there was, in fact, coverage. In other words, your insurance company must investigate the claim thoroughly.
Also, you may have PIP or Med Pay coverage that may help with some of your medical bills.
This is probably the most common question we have and also one that is very hard for people to comprehend the answer.
In Texas, collecting a debt from someone out of pocket is challenging. Barring certain accidents such as a drunk driving injury accident, the person who could not afford insurance coverage can file bankruptcy and keep most, if not all, of their possessions without paying for the damages they caused.
Taking an uninsured driver to court can result in a judgment indicating that you are entitled to collect that money from the person, but that is a separate question from actually getting paid.
It is tough to find a personal injury law firm to handle a case against an uninsured driver (unless you had uninsured motorist coverage) because the attorneys know how difficult it is to collect a judgment in Texas and that they would be out of their out-of-pocket expenses and time.
If the driver has been convicted of no insurance coverage. In that case, their license may be suspended, and there is a slight possibility that you may be able to collect from someone trying to get their license back by paying the damages. The district attorney handling the traffic court case would be the one to contact for help.
Because there is such a high percentage of uninsured drivers in the state of Texas, it is recommended that everyone who can afford uninsured motorist coverage buy it. We also recommend that Texas consumers shop for their automobile insurance coverage annually.
Finding a car insurance lawyer to handle a case is tough if no insurance covers damages due to the difficulty of collecting if they win.
If you’ve been in an automobile accident in Houston where you have been seriously injured. In that case, you probably should hire one of the best personal injury attorneys in Houston to move forward on your claim against your insurance company.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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