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What Happens If Someone Hits You and doesn’t Have Insurance?

Home » FAQs » What Happens If Someone Hits You and doesn’t Have Insurance?

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If someone hits you and doesn’t have insurance, you may seek compensation through your own insurer. You could also sue the liable motorist, which you may find necessary for several reasons.

It is not always clear how you should seek compensation for accident-related damages. You can hire a car accident attorney from our firm to guide you forward. We are ready to handle the legal process on your behalf.

Texas Is an At-Fault Insurance State—What This Means for You

When it comes to auto insurance, some states are “at-fault” states, while others are “no-fault” states. Texas is an at-fault state, which means that the at-fault motorist’s insurance company must cover the cost of an accident.

So, what happens if someone hits you and doesn’t have insurance? In this case, we’ll first look at your auto insurance policy.

The Texas Department of Insurance (TDI) explains that uninsured motorist coverage is available to all motorists in Texas and that most drivers have some amount of uninsured motorist coverage. TDI also notes that:

  • Motorists can elect to purchase uninsured and underinsured motorist coverage in beginning with a $30,000 minimum and increasing in limits from there
  • This type of coverage can help cover both property damage and medical bills
  • Vehicle owners can also purchase additional insurance called personal injury protection (PIP) or medical payment (med pay) that pays immediately for damages regardless of fault.  These amounts start at $2500 and increase from there.$5,00
  • If you have long-term health problems related to your accident, uninsured motorist coverage or PIP may not be enough to pay for your damages

We will review all of your relevant auto insurance documents. Our team will determine how much insurance coverage you have and whether your insurance will adequately cover your accident-related losses.

Filing a Lawsuit May Be Another Option for You

When someone chooses not to maintain active auto insurance, they are negligent. They put others at an unacceptable risk of financial harm. You are within your rights to sue a liable motorist for the harm they have caused you, and we’ll explain whether suing makes sense for you.

Some potential advantages of a lawsuit include:

  • That you can seek compensation for a wide range of damages, including pain and suffering
  • That you are not beholden to coverage limits, as you typically are when filing an insurance claim
  • That you may hold a liable party directly accountable for their decision to drive without insurance

Determining how to seek compensation for your damages is not simple. Our team will consider all relevant facts, investigate the uninsured driver, and advise you on how to fight for financial recovery.

Steps to Take After Someone Without Insurance Hits You

We want your health to be the priority after someone hits you. If you have not already received an extensive medical examination, that is what we’d encourage you to do. 

Next, you should consider speaking with our firm. If you want to seek compensation for your accident, you can hire a lawyer from our firm to guide you. Once you decide to hire a lawyer, don’t wait to retain our firm. It is important to get a lawyer’s help as soon as possible because:

  • Evidence is not always available for long: Evidence is key to building a case, and several types of evidence may not be available for long after your accident. Video footage, witness accounts, and photographs of property damage may all become unusable if you wait too long to collect them.
  • Insurance companies may try to violate your rights: Even though the motorist who caused your accident may not have insurance, your own insurance company may owe you compensation. Insurers generally try to avoid paying compensation when possible and may engage in bad-faith tactics in the name of saving money. We’ll protect you.
  • We’ll want to document your damages immediately after your accident: Injuries are often most apparent just after your accident happens. For this reason, we want to document your injuries and related damages as soon as we can.
  • Notify your own insurance carrier immediately: So you can determine if there are insurance benefits available to you immediately for medical bills, lost wages, and property damage.
  • Your case may have a filing deadline: For example, Texas Civil Practice and Remedies Code § 16.003 generally requires that we file a personal injury lawsuit within two years of a motor vehicle accident. 

The sooner you hire a lawyer to lead your case, the sooner you can focus wholeheartedly on recovery without worrying about your case.

How Much do You Have to Pay to Hire an Auto Accident Attorney?

If you choose to hire our firm, you’ll pay nothing out of your pocket for our legal services. Instead, we agree to accept a percentage of any financial recovery we get for you. 

Our firm will cover all expenses and fees, and we only get a percentage of your recovery—in other words, our fee is not guaranteed.

Call Domingo Garcia Today for a Free Consultation About Your Uninsured Motorist Crash

An attorney from our firm is ready to fight for your financial recovery. There is no time to wait, so contact us as soon as possible.

Call Domingo Garcia today to complete your free consultation. We will provide important information, explain the next steps in the legal process, and answer any questions that you have for us.

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    Meet Domingo

    Attorney Domingo Garcia has led an active civic, legal and political career. He was born in Midland, Texas and grew up in Dallas, Texas. He received his B.A. in Political Science from the University of North Texas in 1980.

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