What if the other driver who caused the car accident has no insurance?
By GNGF on January 23rd, 2023 in
Your own insurance contains uninsured motorist protection and applies if the at-fault driver has no liability insurance. In Texas, uninsured motorist protection is mandatory unless you reject that coverage in writing. Uninsured motorist coverage also applies if the accident is a hit-and-run. In Texas, there must be contact with the uninsured vehicle for the uninsured motorist protection to apply.
New Mexico is rated fourth among the top ten states that have the most uninsured drivers– approximately 21.8 percent of drivers in the state have no auto insurance. Texas ranks somewhere in the middle between the best and worst states for having no auto insurance. So it’s best to make sure you are covered just in case.
While it is mandatory that the insurance company offers this coverage to you, you may reject that coverage in writing. If you find out that the person who hit you has no auto insurance, suing that person is probably not an option—if they cannot afford auto insurance, they likely have nothing of value for you to collect. As the saying goes, it’s hard to collect blood from a turnip.
If you have chosen uninsured/underinsured motorist coverage, then you may file against your own insurer to cover your damages. Your uninsured/underinsured motorist coverage can also pay in the event your injuries are severe enough to exceed the limits of the at-fault driver. It’s important to carry uninsured/underinsured motorist coverage in both Texas and New Mexico.
What if my bills are higher than the at-fault driver’s insurance limits?
Your own underinsured motorist protection found in your automobile insurance applies if the at-fault driver does not have enough liability insurance to cover all of the damages suffered by the at-fault driver. If you are seriously injured and your medical bills and other damages exceed the insurance policy limits of the at-fault driver, then you will be entitled to underinsured motorist protection.
In the same way that uninsured/underinsured motorist coverage can kick in when the at-fault driver has no insurance, it can also be helpful when your medical expenses have exceeded the limit on the insurance of the other driver. As an example, if your injuries from the car accident are $50,000, but the at-fault driver has a limit of $30,000, then you could file against your own insurer for the additional $20,000 in expenses.
How HLF Can Help If You’ve Been Hit By An Uninsured Motorist
Attorneys Clark Harmonson and Hadley Huchton understand that a serious car accident is far different from a minor fender bender and that these cases need an attorney with experience, knowledge, and compassion. These are “high stakes” cases for those with severe or catastrophic injuries.
When a car accident alters your life in ways you could not have imagined, the Harmonson Law Firm is here to help. We not only have a network of medical professionals who can treat your injuries, but we also have resources to prove liability, including engineers, safety experts, and accident reconstructionists. When we are calculating how much your injuries have changed your life, we work with life care planners, vocational specialists, and rehabilitation specialists to quantify the damages you’ve suffered.
In short, we always go the extra mile for our clients and will do the same for you. Having a strong car accident lawyer in your corner during this difficult time can make all the difference in the outcome. We will fight for you, your rights, and your future as we work to obtain a full and fair settlement on your behalf. At Harmonson Law Firm, we are dedicated to helping good people hurt in bad accidents. Contact Harmonson Law Firm today for legal representation you can depend on. Please note that nothing herein is meant as legal advice specifically related to your case.