Posted on behalf of Anderson Cummings on May 18, 2020 in Auto Accidents
Just like any other state, Texas has minimum requirements for all drivers to carry a certain amount of car insurance. But what happens when an uninsured driver gets into a car accident? Will he or she be compensated for any damages sustained? Eligibility will depend on the situation.
The attorneys at our firm are available to answer all your questions regarding uninsured motorists claims. We offer a free case evaluation to determine if you may be able to pursue compensation. We work on contingency, which means you will not be required to pay any lawyer fees up front. You are not obligated to hire us for legal representation and your information is completely confidential.
Below, we explain whether an uninsured driver can recover compensation from a car crash in Texas.
What is Modified Comparative Fault?
Texas’ comparative fault law states that drivers can receive reduced compensation even if they share some percentage of fault for causing the accident. For example, if you were found to be 30 percent at-fault for the accident, you would have your compensation award reduced by 30 percent. However, if a driver is found to be 50 percent or more at-fault, he or she is barred from receiving any compensation.
An uninsured driver could still recover compensation if their percentage of fault is below the 50 percent mark. This coverage can come from the other driver’s uninsured motorist coverage. However, the uninsured driver will not be covered if found to have purposely caused the crash.
Since uninsured motorist coverage in Texas is optional, the uninsured driver may have to seek coverage from his or her own health insurance coverage if the other driver waived this coverage.
What Are the Minimum Auto Insurance Requirements in Texas?
Every driver in Texas is required to purchase a certain amount of liability coverage. If you fail to do so, it could result in heavy fines and stiff penalties, especially if you are involved in a collision. The minimum auto insurance requirements in Texas are:
- $30,000 for bodily injury coverage per individual
- $60,000 for bodily injury per crash if two or more individuals are hurt
- $25,000 for property damage per accident
If you are unsure about the details of your insurance policy, contact a licensed attorney at Anderson Cummings for a free case evaluation. We are familiar with various types of insurance policies and we know how to negotiate with insurers to protect the rights of the injured.
Could I Still Sue if I Did Not Have Insurance?
Sometimes drivers may not have the means to keep up with insurance payments or they may forget to submit their monthly payment, which could result in a lapse of coverage. In Texas, if you are uninsured and the other party is at-fault for the accident, you could still file a lawsuit against the at-fault party.
Uninsured injury victims who are not at-fault for the accident could receive financial compensation to cover medical expenses, lost wages from missing work, pain and suffering and other damages related to the injury. Consulting with an experienced attorney is highly recommended in this type of situation.
Learn Your Rights From a Qualified Legal Professional
If you did not have car insurance at the time of your accident and you were not at-fault, you could still recover compensation for your damages. Having a qualified legal professional review your claim could help you obtain the maximum allowable compensation.
The Fort Worth car accident attorneys at Anderson & Cummings are prepared to discuss your legal rights to compensation in a free consultation. There is no obligation to hire us for legal representation. We charge zero fees up front and you will not be charged unless we help you win.