If you or your loved one were injured in a car accident caused by another driver in San Antonio, you can file a third-party insurance claim with the driver’s auto insurance provider. According to the Texas Department of Insurance (TDI), the state of Texas requires auto liability insurance to help pay for the medical expenses and property damage that an at-fault motorist causes.
Unfortunately, not all drivers carry liability insurance as required. After the accident, the at-fault driver might offer to pay you upfront to avoid getting in trouble with the law. Though it might be tempting to accept, you might want to search for other ways to get compensation instead. You probably do not know the extent of your injuries or car damage yet, and their offer might not be enough to cover your expenses from the accident.
A San Antonio uninsured car accident lawyer with Ben Crump Law, PLLC can provide you with legal counsel while helping you secure the compensation you deserve from insurance providers and/or the liable motorist. Contact us today at (800)-598-7557 to discuss your case with a member of our team.
Optional Insurance Coverage
Although the only mandatory auto coverage that Texas drivers must carry is liability insurance, you may have other coverage that can help handle your expenses after an accident with an uninsured driver in San Antonio. These types of coverage may be optional under state law, but having them can prove beneficial in situations like yours. A San Antonio uninsured car accident lawyer can help you negotiate with the insurance provider to get reimbursed appropriately.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
UM/UIM coverage covers injury and property damage expenses specifically caused by a driver without or with insufficient liability insurance. This coverage also pays if you are a hit-and-run victim. The state of Texas requires insurance providers to offer this option in their policies, though you can turn it down if you wish.
Collision, Personal Injury Protection (PIP), and Medical Payments Insurance
There are other optional types of insurance coverage that could help get your expenses covered. For instance, collision coverage is intended to pay for your car repairs or replacement. Both PIP and medical payments insurance cover injury-related costs, though the latter only pays for medical expenses. PIP insurance can also take care of other damages, such as lost wages. All of these will pay for your expenses regardless of who is liable in the accident.
For a free legal consultation with a uninsured car accidents lawyer serving San Antonio, call 800-598-7557
You Can File an Uninsured Car Accident Lawsuit
If you do not carry these additional coverage options, or what you have is insufficient, you could opt to file a legal case. If the case goes to trial, the at-fault driver will have to pay you whatever amount is ordered by the court.
This compensation could include your medical bills, vehicle repairs, lost income, and more. You could also recover funeral expenses if you are suing for a deceased loved one. Aside from the crash’s financial cost, you may also get compensation for non-economic damages such as emotional trauma or pain and suffering.
A San Antonio uninsured car accident lawyer who is familiar with Texas Statutes and San Antonio’s Code of Ordinances can help you make a persuasive case in court. A lawyer can also investigate if the other driver violated any traffic regulations during the accident, which can be used as proof that they acted negligently. To learn more, contact Ben Crump Law, PLLC today for a free consultation.
San Antonio Uninsured Car Accident Lawyer Near Me 800-598-7557
Comparative Fault Rules Can Affect Your Total Damages
Texas Civil Practice and Remedies Code §33.001 requires Texas courts to follow a modified comparative negligence rule known as proportionate responsibility. You can still recover your damages, but they could get deducted if the jury finds you partially at fault for the accident. Suppose you were to receive $100,000 from the uninsured driver. If the court declares that you are 20 percent liable because you did not avoid their car when you could have, you will only recover $80,000 or 80 percent of the total amount.
This rule also states that if you share more than half of the fault, the court will not award any damages. A San Antonio uninsured car accident lawyer can review the details of the accident and explain if comparative fault rules may apply in your case.
Follow the Deadline for Filing Car Accident Cases in San Antonio
Similar to other types of injury cases, the statute of limitations outlined in Texas Civil Practice and Remedies Code §16.001 sets the deadline for filing an uninsured accident lawsuit at two years. Complying with this law is crucial, or the court will likely dismiss your case. However, your time limit may be extended under certain circumstances. For example, if you are suing on behalf of your child, their time limit only takes effect when they turn 18 years old. If the accident caused a disability that prevented you from taking legal action, the statute clock may not count the time you had the condition.
A San Antonio uninsured car accident lawyer can help establish your case’s deadline and check if any exceptions apply to you. By assisting with your lawsuit, they can also ensure that you file on time.
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Contact Ben Crump Law, PLLC Today
Dealing with a liable but uninsured driver can cause you additional stress after a car accident. The team at Ben Crump Law, PLLC is ready to help shoulder your legal burdens. Our San Antonio uninsured car accident lawyers can guide you through your legal options and serve as your representative, likely giving you better odds of securing a fair settlement.
Let us help you get the compensation and justice you deserve. To get started, contact Ben Crump Law, PLLC today at (800)-598-7557 for a free case evaluation.