Getting into a car accident — even a minor one — is a stressful experience for most people. However, the situation can become more complicated when the driver responsible for the collision has no insurance. Although it is mandatory in Texas for drivers to carry liability insurance, the reality is many still choose to get behind the wheel without purchasing at least the minimum coverage. After a collision with an uninsured motorist, you may wonder how you could obtain the compensation that can pay for your medical bills or vehicle repair expenses.
If you find yourself in this situation, do not hesitate to discuss your concerns with a Fort Worth uninsured car accident lawyer. There are other options for compensation that may be available, and your attorney can help determine which one is the best for you. Call Ben Crump Law, PLLC today at (800) 683-5111 to find out if you have a case.
Options You May Have if an Uninsured Driver Injures You
As long as you have uninsured motorist coverage, you can file a claim with your insurance company. Your insurer will pay for injury and property damages up to your policy limit. Unless you expressly declined uninsured motorist coverage, you likely purchased it as part of your auto insurance. Under Texas Insurance Code Chapter 1952, insurance companies must offer uninsured or underinsured motorist coverage to policyholders, and those who do not wish to buy the coverage should reject the offer in writing. An attorney can make sure you receive fair treatment from your insurance company and assist you with preparing a claim, as long as there is no written proof that you decline coverage.
If you lacked uninsured motorist coverage and were involved in an accident with a driver without liability insurance, you may be able to file a personal injury claim. However, be aware that uninsured motorists often do not have the means to pay out a verdict or settlement. From a financial point of view, suing the driver may not amount to much and would not sufficiently cover your expenses. Consider reaching out to a Fort Worth uninsured car accident lawyer to check other outlets for recovery if an uninsured driver does not have adequate assets for payment. You may be able to pursue legal action against the employer of the driver if the accident happened while the driver was on-duty, or against a third party that bears partial or full fault for your damages.
For a free legal consultation with a uninsured car accidents lawyer serving Fort Worth, call 800-598-7557
What to Expect from the Uninsured Claim Process
In many ways, an uninsured claim goes through the same steps as any other car accident insurance claim. The main difference is that when you turn to your uninsured motorist coverage, you are filing the claim against your insurer. If you cannot agree with your insurance provider regarding a settlement amount, you may have to proceed to binding arbitration. This method of resolving claim disputes involves a neutral third party that would ultimately decide on the outcome.
During settlement negotiations, keep in mind evidence plays a crucial role in the amount your insurer is willing to offer. This is why you must collect documentation like police reports, witness statements, and medical receipts as soon as possible. It is also essential to understand that it is unlawful for insurance companies to take part in unfair claim settlement practices and postpone claim payment to force you into signing a release. It would be wise to have a Fort Worth uninsured car accident lawyer on your side who will walk you through the claim process and complex laws. Call Ben Crump Law, PLLC today for a free case review.
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Protect Your Rights After a Car Accident
Following a car crash and after getting immediate medical attention, it is crucial to begin documenting details about the incident as you prepare to file a claim. Your case will benefit from police and medical records, photos, videos, and other information that can help paint a clearer picture of what occurred in the accident and the ways it affected you.
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Obtain a Police Report
Texas law (Sec. 550.062) requires that law enforcement officers make a written report if the crash resulted in injury, death, or property damage amounting to $1,000 or more. The police report generally includes details needed when filing a claim involving an uninsured driver. If for some reason, the police were not able to complete a report, you may have to be the one to file a CR-2 report instead. It is best to complete the form under the guidance of an attorney because unnecessarily submitting the form could harm your case and your chances for a fair settlement.
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Document What You Can
Liability and compensation hinge on what an accident investigation reveals. If you have photos of the scene and damages, it would be easier for insurance adjusters to understand what took place and offer maximum compensation. As soon as you can, write down what you can remember from the incident to facilitate the investigation later on. Know that it is mandatory to exchange personal, insurance, and vehicle information when you are involved in a motor vehicle collision in Texas.
Talk to Your Insurance Company
Insurers usually require prompt reporting of auto accidents and could disqualify you from making a claim if you fail to do so. With this in mind, make sure you make a timely call to your insurance company, but preferably after retaining the services of a car accident lawyer in your area. You would need someone to represent your best interests when negotiating settlement amounts.
Contact an Attorney
Every car accident case is unique, and it is better not to assume that you have a straightforward case. Even if you purchased uninsured motorist coverage, you might not get the compensation you deserve. Your attorney will take care of the legal details of your case, including negotiating and communicating with other parties involved so you can concentrate more on healing.
Let Ben Crump Law, PLLC Help You Overcome Legal Issues
Dealing with an uninsured driver can make an already stressful situation more distressing. As you try to work out the issue of covering your damages when the other motorist does not carry liability insurance, know that a Fort Worth uninsured car accident lawyer can ease your burdens and assist you in finding alternative means to collect compensation. Set up your free consultation today by calling (800) 683-5111 and telling us more about your case.
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