What Happens If The Other Driver Doesn't Have Car Insurance?

Russell Button
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Texas Trial Lawyer

What happens when you are in a wreck? First, you get the other driver's information. Then, you make a claim on the other driver's insurance. That is, if the other driver has insurance at all. In Texas, 20% of all drivers do not have car insurance. Even though it is required by law, you will be left to deal with the consequences when it is all said and done. So, how can you protect you family?

What happens if the other driver doesn't have car insurance?

Until I became a personal injury trial lawyer, I never realized what car insurance I actually needed for myself. I was never faced with the questions of: "What happens if the other driver doesn't have car insurance?" or "What happens if the other driver only has a minimum insurance policy, which in Texas is $30,000, but I have a broken neck?" Unfortunately, these scenarios are very real and happen daily. 

Over the years, I have learned that many folks don't really know what to do or what they need in these situations. The answers may vary on a case-by-case basis, but what you need in these situations is uninsured and underinsured insurance coverage. Also known as UM/UIM. 

What is UM/UIM Insurance?

Uninsured insurance coverage protects you when the other driver does not have insurance, when their insurance lapsed, and when you are involved in a hit-and-run. This is a claim on your insurance that you pay for every month. It is so important in Texas. Unfortunately, the hit-and-run has become a popular resource for people that don't want to do the right thing. Then, you are left fighting with your own insurance company. 

Underinsured insurance coverage protects you when the other driver has insurance, but it is not enough to cover the full extent of your injuries. In the event a loved one is killed, it is to compensate the family for those losses, which is also known as a wrongful death case. In Texas, the minimum insurance policy limits are $30,000. Unless the damage caused by the other driver is minimal, most life-changing car wrecks require far more than $30,000 in medical expenses alone. This does not include the full impact on their lives and family members. If you elected not to get underinsured insurance coverage, you will be left without a secondary source after the $30,000. For those that suffer a traumatic brain injury, an amputation, broken femur, and any other life-changing injuries, a minimum policy is not sufficient. 

Take a look at your insurance policy and answer the following questions:

1) Do we have uninsured (UM) insurance coverage?

2) Do we have underinsured (UIM) insurance coverage?

3) If so, how much coverage do we have on each?

If you have questions, please reach out to us.

If you or a loved one has been in a car wreck in the DFW, Midland, Houston area and don't know how to understand the insurance policies involved, please reach out to us. We are here to help you understand your rights, the process, and the truth about these car wrecks. Order my free book called The Essential Guide For Your Texas Injury Case. There is a wealth of information throughout this website and in my book to help guide you. When you have questions, give us a call. We are here for you.