Posted in Car Accident on January 12, 2023

If you or a loved one have been involved in an accident with an uninsured driver, then you know that the aftermath can leave you feeling frustrated and confused. You may have suffered injuries and property damage, which the insurance of the at-fault party is supposed to cover. In Texas, state law requires every motorist to carry the basic 30/60 car insurance coverage. Yet, despite this requirement, around 20% of drivers in Texas are still uninsured.

Being involved in an accident with an uninsured driver can leave you feeling hopeless and out of options, however, you may be able to sue the uninsured driver for damages or file an uninsured motorist claim through your insurance.

Filing an Uninsured Motorist Claim

When you’ve been hit by another driver in Texas and the crash was their fault, they are responsible for covering damages. This is because Texas is a fault-based state. So, when you are involved in a crash with an uninsured driver, what do you do? You have two options:

Sue the Uninsured Driver

One option you have is to sue the uninsured driver. This avenue may not be worthwhile, though, because the uninsured driver usually doesn’t have the money necessary to cover the damages. So, even if you do sue them, the money you get will likely not be enough to fully cover the damages you have suffered.

File a Claim with Your Insurance

Another option you have is to file a personal injury claim through your insurance against the at-fault driver. If you do this, your insurance will contact the uninsured, at-fault driver to find out if they are able to cover the damages. Usually, these payouts are under $10,000. However, if you have uninsured/underinsured motorists coverage (UIM) on your car insurance plan, you can use this to cover the damages.

Texas Statute of Limitations

Should you choose to pursue one of these options it is important to note that you need to do so within a specific amount of time known as the statute of limitations. The statute of limitations in Texas specifies that you have two years from the date of the accident to file your claim against the uninsured, at-fault driver. Contact a San Antonio car accident lawyer today to get started building your claim.

How Can an Attorney Help You?

If you decide to pursue legal action against an uninsured motorist, you should contact an attorney right away. Working with an experienced attorney can be the difference between winning and losing your claim. Lawyers can help you:

  • Build and file a strong claim
  • Submit the proper documents on time
  • Investigate the accident and at-fault parties
  • Gather evidence and hire necessary expert witnesses
  • Help you win the full settlement you deserve

Having two years to file your claim may seem like a good amount of time, but it can pass by quickly, evidence can deteriorate, and it can be difficult to find the at-fault driver. Contact a car accident attorney today and get started building your claim.