Uninsured Motorists

I was hit by a driver without insurance. Now what?

Texas law requires every driver to carry car insurance, however, a 2015 report by the Insurance Information Institute estimates that 14.1% of Texas motorists are uninsured. Even those who have insurance may have what are commonly referred to as “junk policies” that are very limited in the types of damages they cover. This causes many drivers to be underinsured. A driver who is underinsured has insurance coverage that is inadequate to cover the damages they caused.

What is the minimum car insurance coverage required in Texas?

The Texas Department of Insurance outlines minimum coverage laws in Texas. Due to poor policy by our lawmakers that favors the insurance company and hurts ordinary Texans, the minimum liability limits for Texas motorists are $30,000 for each injured person, up to a total of $60,000 per collision, and $25,000 to cover property damage.

This means that if you are hit by someone with minimum coverage, the most you can recover is $30,000. While this amount may cover minor soft-tissue damage, it may be inadequate to cover even medical treatment if you had broken bones, torn ligaments, a spinal cord injury, head trauma, or require surgery.

TELL US WHAT HAPPENED

Can I Make the Uninsured Driver Pay?

We commonly get this question, and the answer is usually tough to accept. While it is always possible to sue the other driver, it is often difficult to make them pay. Usually, if they don’t have insurance, they can’t afford to pay a settlement or verdict obtained by an San Antonio car accident attorney. Furthermore, Texas laws allow a tortfeasor (the person who caused your accident) to declare bankruptcy and avoid paying all of most of what is owed to you. For this reason, auto accident attorneys usually do not take on cases against uninsured drivers unless the accident victim has uninsured motorist coverage.

So, What are My Options?

If the other driver had no or inadequate insurance coverage, you may be able to get compensation from your own insurance provider. Check your policy to see if you have uninsured motorist (UM) coverage.

What is Uninsured Motorist Coverage?

Uninsured motorist coverage is a policy add-on that covers you if you are in a car accident caused by a driver with no insurance or inadequate insurance. In a nutshell, this insurance provides the type of coverage that the other driver should have provided. However, it also pits you against your own insurance company. Because insurance companies are in the business of making as much money as possible, they certainly won’t want to pay you on your claim.

As auto accident attorneys, we have found that it is often necessary to sue uninsured motorist policy providers such as Geico, USAA, Allstate, and State Farm to recover on UM claims.

Texas laws that favor insurance company also require us to get a legal judgment against the uninsured driver before we can make a claim against most uninsured motorist policies.

Should I Buy Uninsured Motorist Coverage?

With the number of uninsured drivers on the road, we can answer this question with a resounding “Yes.” While uninsured motorist coverage is not always cheap, it is well worth having in case you are injured by the nearly one-fifth of Texas drivers who do not have insurance.

If you have been seriously injured in an accident with an uninsured driver, take some time to find the best San Antonio personal injury attorney for your case. Start by calling the team at Eric Ramos Law for a free consultation at (210) 404-HURT (4878).

Get to Know Us

We are a small firm that is big on service, proudly assisting clients throughout San Antonio, including Alamo Heights (78209), Stone Oak (78258), Downtown San Antonio (78205), and Southtown (78210). As your dedicated personal injury attorney, we remind ourselves to “treat our clients like we treat our family.” Let’s sit down and chat to see if we’re a fit for your needs. Even if we can’t help with your case, we’ll gladly point you in the right direction and get you back on the road to recovery. Call us today at (210) 404-HURT.

Contact Us

If you or a loved one has been injured due to someone else's negligence, don’t hesitate to reach out to us. At Eric Ramos Law, PLLC, our dedicated team is here to listen, answer your questions, and provide the legal guidance you need. If you’re seeking information about our personal injury practice areas in San Antonio or want to discuss your case with a San Antonio injury law firm you can trust, we encourage you to contact us today. Let us help you take the first step toward obtaining the compensation you deserve.

Eric Ramos Law, PLLC

Personal Injury Lawyer San Antonio

Office

7979 Broadway #207, San Antonio, TX, 78209

Phone

(210) 404-4878

Hours

Monday: Open 24 hours

Tuesday: Open 24 hours

Wednesday: Open 24 hours

Thursday: Open 24 hours

Friday: Open 24 hours

Saturday: Open 24 hours

Sunday: Open 24 hours

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