A car accident is difficult enough to deal with, but it can become much more complicated if the other driver does not have enough insurance. It may be even worse if they have no insurance at all. You may still be able to get fair financial compensation for your injuries, but you might have to explore some other legal options, like filing lawsuits.
You can sue an underinsured or uninsured driver for damages. This might be a good option if filing a third-party claim against the other driver’s insurance is impossible. However, not all drivers need to sue, even if the other driver is uninsured. You have the option of purchasing uninsured or underinsured motorist coverage. Your own insurance may cover you, and there might be no need to sue. We should also consider the other driver’s ability to pay. There is little point in suing someone who cannot pay.
Call Cap City Injury Attorneys at (512) 612-3110 to receive a private, free case analysis from our Austin car accident lawyers.
Can I File a Lawsuit Against an Underinsured or Uninsured Driver in Texas?
If you are injured in an auto accident and the other driver is uninsured or does not have enough insurance to cover your damages, you can sue them. Their lack of insurance does not affect your right to sue.
Like almost any other accident case, the key to suing an uninsured or underinsured driver is proving how they are at fault. Many vehicle accidents are the result of negligence. To prove negligence, our Texas car accident lawyers must establish that the other driver owed you a duty of care, that they breached their duty. That the breach is the direct and proximate cause of your injuries, and that your injuries and damages are real.
When other drivers do not have insurance, lawsuits might be one of the only ways for injured victims to get any financial compensation. Even so, you should ask our lawyer about your legal options and whether suing is the best choice. In some cases, negligent drivers cannot pay even if you successfully sue them, and other legal options must be explored.
Do I Really Need to Sue an Uninsured or Underinsured Driver?
Again, the other driver’s lack of insurance does not take away your ability to sue them for damages. However, suing uninsured drivers is not always the best idea. In some cases, it might not even be totally necessary.
Texas is an at-fault state when it comes to auto insurance. This means that drivers typically file third-party claims with other drivers’ liability coverage to get compensation. However, you might have uninsured or underinsured motorist coverage. This is an optional insurance policy that may help you specifically when at-fault drivers lack insurance.
Before the insurance company will pay this claim, we need to show that the uninsured driver is responsible for the accident. We may also need to show that the other driver lacks insurance or does not have enough to cover all your damages. In that case, we need to accurately calculate how much your damages are worth so we can prove they exceed the other driver’s policy limit.
What if Your Insurance Does Not Cover All Your Damages?
Even if you can cover your damages with uninsured or underinsured motorist coverage insurance, your policies might not be enough to pay for everything. In cases of serious accidents and severe injuries, your costs may exceed your policy limits, and a lawsuit may be necessary to make up the difference.
Before we file a lawsuit, we should consider numerous factors surrounding the case. Is the defendant able to pay if they are uninsured? Are there any other legal options besides a lawsuit that might get you the compensation you need? If so, you may want to look into them.
Suing an uninsured or underinsured driver is possible, but it is not always easy. Even a successful lawsuit does not necessarily guarantee payment.
Is it a Good Idea to Sue an Uninsured or Underinsured Driver in Texas?
Even though you can sue an uninsured or underinsured driver, doing so might not be a great idea. Many drivers lack insurance because they cannot afford to buy it. In such cases, it is unlikely these drivers can afford to pay for a lawsuit.
If the defendant cannot pay for your damages if you sue them, it might not be worth your time and money to bring them to court. You could end up with a judgment in your favor, but an insolvent defendant with no way to pay. Even we you try to enforce the judgment, you might get little to no compensation at the end of the day.
If you know the defendant can pay, a lawsuit may be a good idea, even if they claim otherwise. We can investigate the defendant to determine if they have the resources necessary to cover your damages. Even if they do not have liquid assets to pay for everything, they might have property or other resources they can draw from.
How to Begin a Lawsuit Against an Underinsured or Uninsured Driver
Your lawsuit against an uninsured driver begins the same way as many other lawsuits. First, you should hire an attorney to help you as soon as possible. Next, your lawyer can begin building your case.
Your lawyer should help you gather the information needed to draft a formal legal complaint. This may include details about you and the defendant, information about how the accident occurred, your damages, and some evidence to support your claims.
Remember, we do not have to present all possible evidence in the complaint. We only need to show enough evidence to prove that you have a valid cause of legal action.
Once the complaint is ready, we must file it with the correct court and serve formal legal notice of the case to the defendant. Notice must be served according to very strict laws and court rules, and your attorney can help you make sure all necessary steps are followed.
Speak to Our Texas Car Accident Attorneys About Your Case Today
Call Cap City Injury Attorneys at (512) 612-3110 to receive a private, free case analysis from our Round Rock, TX personal injury lawyers.