Uninsured motorist coverage is a type of auto insurance that can be purchased by a policyholder to cover any damages resulting from an accident with an uninsured driver. In Texas, it is not mandatory to have uninsured motorist coverage, but it is strongly encouraged by the Texas Department of Insurance, as well as our legal team at Aldous Law.
Uninsured motorist coverage protects from the financial losses that can result from a car accident with an uninsured driver, such as medical expenses, lost wages, and pain and suffering. If you have been involved in an accident with an uninsured driver, you may be able to file a claim with your own insurance company to recover compensation.
Our Dallas uninsured motorist claim lawyers can provide you with the legal representation you need to secure a fair settlement. We have extensive experience in dealing with insurance companies and can help you navigate the complexities of the claims process.
Call our office at (214) 526-5595 or contact us online to schedule a free consultation with one of our attorneys today.
What Is an Uninsured Motorist?
An uninsured motorist is someone who operates a vehicle without having the legally required auto insurance coverage. In many places, having auto insurance is mandatory to protect both drivers and other parties in the event of an accident. Uninsured motorists pose significant risks to themselves, other drivers, and pedestrians because they lack the financial means to cover damages and medical expenses resulting from accidents.
Common reasons why motorists may not pay for auto insurance include:
- Financial Constraints: Some individuals may struggle to afford the cost of auto insurance premiums, especially if they are on a tight budget or have other financial obligations.
- Ignorance of the Law: Some motorists may not be aware of the legal requirement to have auto insurance in their jurisdiction. This could be due to lack of education or misinformation.
- Risk Tolerance: Some individuals may perceive the risk of getting caught driving without insurance as low and decide to forgo coverage to save money.
- Belief that they are Good Drivers: Some motorists may believe they are skilled and cautious drivers, leading them to underestimate the likelihood of being involved in an accident and thus, not seeing the need for insurance.
- Lack of Trust in Insurance Companies: Some people may have had negative experiences with insurance companies in the past or distrust the insurance industry in general, leading them to avoid purchasing coverage.
- Uninsured/Underinsured Coverage Misunderstanding: Some motorists may mistakenly believe that if they're in an accident with an uninsured driver, their own insurance will cover the damages. While uninsured/underinsured motorist coverage can provide some protection in such situations, it doesn't exempt them from having their own insurance.
- Illegal Activity or Driving History: Individuals with a history of driving violations, such as DUIs (Driving Under the Influence) or multiple traffic violations, may find it difficult to obtain affordable insurance or may choose to drive uninsured to avoid higher premiums.
- Vehicle Not in Regular Use: Some people may have vehicles that they rarely use or only use on private property, leading them to believe they don't need insurance. However, even vehicles not in regular use may require insurance depending on local regulations.
Steps After an Accident With an Uninsured Driver
If you have been involved in an accident with an uninsured driver, you should take the following steps to help you recover compensation for your damages:
- Call the police: After an accident, you should always call the police to report the accident and obtain an accident report. The police report can be used as evidence when filing a claim with your insurance company.
- Exchange information: You should exchange information with the other driver, including their name, contact information, and license plate number.
- Take photos of the accident: You should take photos of the accident scene, as well as the damage to your vehicle.
- Seek medical attention: Even if you do not feel any pain after an accident, you should still seek medical attention. Some injuries may not present symptoms for days or even weeks after the accident.
- Call your insurance company: You should contact your insurance company as soon as possible to report the accident and file a claim.
How to Prove an Uninsured Motorist Claim
When you file an uninsured motorist claim, you will be required to prove that the other driver did not have insurance. You will also need to prove that the other driver was at fault for the accident and that you suffered damages as a result. The following evidence can help you prove your claim:
- Police report: The police report can provide evidence that the other driver did not have insurance.
- Witness statements: If there were any witnesses to the accident, their statements can be used as evidence.
- Photos of the accident: Photos of the accident scene can provide evidence of the other driver's negligence.
- Photos of the damage: Photos of the damage to your vehicle can also be used as evidence.
- Medical records: Medical records can provide evidence of your injuries and the costs of your medical treatment.
- Proof of lost wages: You may also be able to recover compensation for lost wages. You will need to provide proof of your lost wages, such as a letter from your employer.
Our Attorneys Can Help You File an Uninsured Motorist Claim
At Aldous Law, our attorneys have extensive experience in dealing with insurance companies and can help you navigate the complexities of the claims process. We can help you file a claim and fight for the compensation you need to cover the cost of your damages.
We can also help you file a lawsuit if your insurance company refuses to pay your claim or offers you a low settlement. Our attorneys can provide you with the legal representation you need to secure a favorable outcome in your case.
Contact us today at (214) 526-5595 to discuss your case with our team.