If you’ve been hit by a driver who doesn’t have insurance, you’re probably wondering how you’ll collect the compensation you need to cover your medical expenses, make up for lost wages, and get your vehicle repaired.
At the Buzbee Law Firm, we understand that this must be a stressful time for you, which is why we’re willing to offer valuable legal advice to help you make a smart decision. Let’s learn more about what happens if someone hits you but they don’t have auto insurance.
What to Do After a Collision With a Driver Who Doesn’t Have Insurance
If an uninsured driver has hit you, your first priority should be to get checked out by a doctor. Even if you feel fine, the shock and adrenaline rush from your accident could be covering up the pain from a serious injury.
Once you’ve sought medical attention, you’ll want to contact an attorney. A skilled personal injury lawyer will be able to educate you on your legal rights following a collision and help you select the best course of action for your unique situation.
Your attorney will evaluate your accident, injuries, and losses and help you determine which of the following paths to compensation is the best for you:
Utilize Your Uninsured Motorist Coverage
When you sign up for auto insurance in the state of Texas, you can opt-out of uninsured motorist coverage. If you kept your uninsured motorist coverage when you signed up for your insurance plan, you’ll be able to use it to cover your losses.
A lawyer can help you investigate your accident and prove to your insurance carrier that the uninsured driver caused the accident. They can also negotiate an insurance settlement large enough to cover all the economic and non-economic losses you’ve been burdened with.
File a Lawsuit Against the Driver
If you don’t have uninsured motorist coverage, your next best option is to file a lawsuit against the at-fault driver. A car accident attorney can help you collect evidence related to your accident and construct a winning lawsuit.
In court, your lawyer will present all the facts to the jury, call on witnesses to add legitimacy to your case and fight until a fair verdict is offered. If your case is successful, you’ll receive compensation for your medical bills, pain, and a number of other losses.
Rely on Your Health Insurance and Personal Funds
Relying on your own health insurance plan to pay for your medical treatment and drawing on your own money to cover your other losses should always be a last resort. However, if you have a robust health insurance plan and ample savings, this may be a viable option in the event that your lawsuit and insurance claim are unsuccessful.
Take Action Fast if Someone Who Doesn’t Have Insurance Hits You
Now that you know what might happen after you hit someone who doesn’t have insurance, it’s time to take action. If you need to file a personal injury lawsuit, you’ll want to hire an attorney as soon as possible. Doing so will ensure that your suit is submitted in accordance with Texas’ statute of limitations.
Under Tex. Civ. Prac. & Rem. Code § 16.003, you have two years to file a lawsuit against a driver who doesn’t have insurance. If you wait too long to speak to a lawyer and your deadline passes, you will be barred from receiving compensation via a civil suit. Play it safe and contact an attorney ASAP!
Damages You Might Receive From an Uninsured Motorist Claim or Lawsuit
If someone who doesn’t have insurance has collided with your vehicle, you may suffer various economic and non-economic losses. Getting swamped with medical bills and vehicle repair invoices can be overwhelming, but a claim or lawsuit can help you get the compensation you need to pay your bills and reduce your stress level.
Here are some of the helpful damages you might receive from an uninsured motorist claim or a personal injury lawsuit:
- Medical bills: If you’ve sustained a severe injury in an accident caused by someone who doesn’t have insurance, you might be worried about how you’ll pay for your medical care. Fortunately, an uninsured motorist claim can yield compensation for any treatment, surgery, medication, appointment, or assistive device you need to recover from your injury.
- Lost wages: If you have to take time off from work to heal and recuperate from your injury, these damages can cover a portion of the wages you miss out on.
- Vehicle repair costs: If someone hit your car, your vehicle was likely damaged. The money you get from a claim or lawsuit can cover your vehicle repair costs.
- Reduced earning ability: If your injuries have affected your ability to complete basic tasks at work, it might be hard for you to continue to support yourself financially. These damages can make up for your reduced ability to earn.
- Pain and suffering: Injuries that cause a great deal of pain can have a significant negative impact on your mental health and your life in general. Your attorney can add these damages to your claim or lawsuit if you’re dealing with unbearable pain after an uninsured motorist accident.
- Mental distress: Many auto accident victims suffer from symptoms of anxiety and PTSD in the months and years following their collision. If your mental health has taken a turn for the worse after an accident, your lawyer can request damages for mental distress.
Contact an Attorney if Someone Who Doesn’t Have Insurance Hits Your Car
The Buzbee Law Firm can help you secure compensation for your losses if you’ve been involved in an accident with an uninsured motorist. One of our skilled lawyers will educate you on what happens when someone who doesn’t have insurance hits you. They’ll also help you decide whether you should file an insurance claim or pursue a personal injury lawsuit.
Regardless of which route is best for you, our attorneys will provide all the facts and options that apply to your case and help you make an educated decision. Once your case has come to a conclusion, it’s highly probable that you’ll walk away with a sufficient insurance settlement or court verdict. Contact our firm today for expert legal advice and representation.