What to Do If the At-Fault Party is Uninsured: Understanding UM/UIM Coverage & Legal Options
Car accidents are stressful, but the situation gets even worse when the at-fault driver has no insurance. In Texas, drivers are legally required to carry liability insurance, yet many ignore this rule, leaving victims struggling with medical bills and vehicle repairs. If you’re hit by an uninsured or underinsured driver, you still have options. Understanding Uninsured/Underinsured Motorist (UM/UIM) coverage and knowing the right legal steps can help you recover damages.
How UM/UIM Coverage Protects You
If an at-fault driver doesn’t have insurance, or their policy limits aren’t enough to cover your damages, UM/UIM coverage can step in. This type of coverage is designed to pay for medical expenses, lost wages, and other damages caused by an uninsured or underinsured driver.
In Texas, insurance companies must offer UM/UIM coverage, but drivers can decline it in writing. If you’re unsure whether you have it, check your policy details or contact your provider. This coverage is one of the best protections against hit-and-run drivers and those who drive illegally without insurance. According to the Texas Department of Insurance (TDI), uninsured motorist coverage can provide critical financial relief after an accident.
Steps to Take After an Accident with an Uninsured Driver
The moments after an accident are crucial, especially if the at-fault driver lacks insurance. First, make sure you’re safe and call 911. A police report is one of the most important pieces of evidence in any insurance or legal claim. Even if the other driver offers to pay out of pocket, never skip reporting the accident.
Next, document everything. Take photos of the accident scene, vehicle damage, and any visible injuries. If there are witnesses, ask for their contact information. This evidence will be essential when filing a UM/UIM claim with your insurer or pursuing legal action.
Notify your insurance company as soon as possible. If you have UM/UIM coverage, they will handle the claim, but be prepared for potential pushback. Insurance providers often try to minimize payouts, so working with a personal injury lawyer can help you get the full compensation you deserve.
Can You Sue an Uninsured Driver?
If the at-fault driver doesn’t have insurance, you may consider suing them directly. However, this isn’t always the best option. Many uninsured drivers lack the financial resources to pay for damages, which means even if you win the case, collecting the settlement can be difficult.
A better approach may be identifying other liable parties. If the at-fault driver was working at the time of the accident, their employer could be responsible. If a defective vehicle part contributed to the crash, the manufacturer may be liable. A skilled attorney can investigate all possible sources of compensation.
Common Mistakes That Can Hurt Your Claim
One of the biggest mistakes accident victims make is not seeking medical attention immediately. Even if you feel fine, some injuries—like whiplash or internal bleeding—may not show symptoms right away. A medical evaluation creates official documentation that connects your injuries to the accident.
Another common error is accepting a lowball settlement from an insurance company. Insurers are in the business of paying out as little as possible. If you accept their first offer, you might miss out on thousands of dollars that you’re entitled to. This is where having a personal injury lawyer makes a difference.
Lastly, not having UM/UIM coverage is a mistake you can avoid before an accident happens. If you don’t have this protection, consider adding it to your policy. With millions of uninsured drivers on the road, this coverage is an essential safety net. The National Association of Insurance Commissioners (NAIC) recommends UM/UIM insurance as one of the best defenses against uninsured drivers.
Take Action Now to Protect Your Rights
Being hit by an uninsured driver can feel overwhelming, but you don’t have to handle it alone. Understanding UM/UIM coverage, gathering strong evidence, and working with a personal injury attorney can help you secure the compensation you need.
At McCray Law Firm PLLC, we fight for accident victims in Houston and across Texas. If you’ve been injured by an uninsured or underinsured driver, don’t wait. Schedule a free consultation today, and let us help you navigate the legal process and maximize your claim.
FAQ: What to Do If the At-Fault Party is Uninsured
1. Can I still get compensation if the at-fault driver has no insurance?
Yes. If you have Uninsured/Underinsured Motorist (UM/UIM) coverage, your insurance provider will cover your damages. If you don’t have UM/UIM, a personal injury attorney can help you explore other legal options, such as suing the at-fault driver or seeking compensation from a third party.
2. What happens if the uninsured driver was at fault but fled the scene?
If you were involved in a hit-and-run accident, you may still be able to recover compensation through UM/UIM insurance. It’s crucial to report the accident to the police immediately and document as much information as possible. Insurance companies often require proof that the accident was not your fault before approving a claim.
3. Can I be forced to pay for my own medical bills if the other driver has no insurance?
Initially, yes—you may have to use your health insurance or personal funds for medical treatment. However, if you have UM coverage, your insurance company will reimburse you once the claim is processed. Some medical providers also offer medical liens, allowing you to receive treatment and pay once your case is settled.
4. What if my insurance denies my UM/UIM claim?
Insurance companies often try to reduce payouts or deny claims. If this happens, you should consult a personal injury lawyer who can negotiate with the insurer or file a legal claim on your behalf. Attorneys understand insurance tactics and can help fight for your full compensation.
5. Is UM/UIM coverage expensive, and is it worth it?
UM/UIM coverage is affordable compared to the financial risk of an accident with an uninsured driver. Without it, you could be left covering thousands of dollars in medical bills and car repairs. Many experts, including the National Association of Insurance Commissioners (NAIC), recommend carrying this coverage for financial protection.
Need help with an uninsured driver accident? Contact McCray Law Firm PLLC for a free consultation today!