Being injured in a motor vehicle accident brings with it a plethora of problems and concerns, from obtaining medical care to dealing with issues from missed work. When the injuries are caused by an uninsured driver, those problems become even more magnified. Fortunately, there are options for persons injured in a motor vehicle collision with an uninsured party, and a Texas car accident attorney from Annie McAdams, PC, can help.
Texas Insurance Requirements
Every state has insurance requirements for motorists licensed to drive in their state. In Texas, all motor vehicle drivers are required to carry minimum coverage of 30/60/25. This breaks down as follows:
- All drivers must carry minimum coverage of $30,000 bodily injury per person
- All drivers must carry minimum coverage of $60,000 bodily injury per accident
- All drivers must carry minimum coverage of $25,000 property damage per accident
Uninsured & Underinsured Motorist Coverage
Although not required to be carried by drivers in Texas, insurance companies that provide motor vehicle insurance in Texas must offer policyholders the option to purchase Uninsured (UM) and Underinsured (UIM) motorist coverage. UM provides the policyholder with insurance protection if they are in an accident with a motorist that is at fault and uninsured, while UIM provides insurance protection if they are in an accident with a motorist that is at fault and underinsured. For example, if the at-fault driver only carries the mandatory $30,000 bodily injury per person coverage, and the injured party sustained $45,000 in damages from the accident, they may pursue the $15,000 difference under their UIM coverage.
Bad Faith Claims
When a driver makes a claim under the UM or UIM portion of their insurance policy, the insurance company is legally obligated to act in good faith in reviewing and settling the claim. Sometimes, insurance companies will use delay tactics or offer a settlement significantly less than the amount covered by the insurance policy. When this happens, the injured party may be able to make a bad faith claim against the insurance company and recover more than the original policy limits.
Personal Lawsuit Against an At-Fault Driver
When a person is injured in a motor vehicle collision with an at-fault driver, and that driver is either uninsured or underinsured, it is possible for them to file a lawsuit against the at-fault driver for damages. Unfortunately, these lawsuits are rarely fruitful as most drivers that do not carry mandated coverage do not have the funds to purchase the insurance. If they cannot afford car insurance, then it is unlikely they will have assets or funds to pay the victim injured in the car accident. However, there are times when suing the at-fault driver is in the best interest of the injured party, and a Texas car accident attorney is able to make that determination.
An Aggressive Texas Car Accident Attorney
Obtaining coverage for injuries sustained in an accident with an uninsured motorist can require ingenuity and assertiveness. At Annie McAdams, PC, a Texas car accident attorney will review your case and determine the best way to help you recover. Contact our firm by calling 713-785-6262 or via our contact page.