Can I File a Lawsuit If I Was Hit by an Uninsured Driver? 

December 18, 2024 | Uninsured Motorist Accidents

For a person involved in a car accident, after physical and mental health recovery, financial recovery becomes imperative. Most often, filing a claim against the at-fault driver is an option. However, that gets confusing when the driver is uninsured.

Can you file a lawsuit if you were hit by an uninsured driver? You definitely can, and what happens, as well as who you name in that case, can be critical factors in what your outcome may be. Talk with an Austin uninsured accident lawyer today about your case.

Filing a Claim Against an Uninsured Motorist

If you are in a car accident with a driver who does not have insurance, it is possible to file a lawsuit against them. This civil action enables you to pursue financial compensation for your losses, potentially recovering those losses from assets the driver owns. It is a simple and straightforward process, seemingly, but not in reality.

However, if a person does not have insurance, chances are good they do not have assets to meet your financial losses. These battles can also be long and challenging.

The Role of Uninsured Motorist Coverage

Data from the Texas Department of Transportation shows that drivers in the state must carry uninsured motorist coverage. This coverage applies to situations where you are struck by a driver that is not insured or one that is underinsured. It is a policy you purchase to cover yourself.

In these situations, you can then file a claim against that policy for any losses you have. You can claim up to the value of the coverage you purchased. This allows you to offset costs associated with motorists without any insurance.

The insurance company may pursue legal action against this party to recover losses. You can also secure legal action against the at-fault driver for any losses you have above and beyond what your coverage pays you.

What to Know About Seeking Compensation for Your Losses with an Uninsured Driver

When you are in an accident with an uninsured driver, do everything you normally do. That includes seeking medical care. File a police report. Gather the information of the at-fault driver. Then, contact your insurance company to alert them of the accident. This gives you the foundation of where to start in building your case.

From here, work with a car accident attorney. Your attorney will provide insight into what all of your losses are and who is to blame. Then, your attorney will help you navigate the best legal steps for you:

• Your attorney can help you file a claim against your uninsured motorist policy that maximizes your recovery of losses.
• Your lawyer can also seek out a civil lawsuit against the at-fault party if there is reason to believe they can pay for those losses out of pocket.
• Additionally, in some situations, there could be third parties responsible for your losses. That could include the property owner or government organization that created unsafe conditions.

It is certainly possible for you to seek legal action against those who cause injury and loss to you. Going after all potential streams of recovery for damages could be critical.

Contact Bonilla Law Firm to gain the help of an experienced Austin personal injury attorney. With our representation, it becomes possible to seek out full and fair compensation for all levels of losses you have no matter who is to blame or what they have cost you in the process.