Houston Texas Lawyer Blog

Can You Sue an Uninsured Driver?

January 27, 2020 Vehicle Wrecks

It is overwhelming and frightening to be in a car crash, especially if you are injured, or a family member is killed. It’s something that you think will never happen to you, and when it does, you can be in disbelief and shock. You are suddenly faced with mounting medical bills, property damage, time off work, and sometimes a fear of getting back in the car and driving. The situation is even worse if the other driver has no auto insurance.

All of this turns your life upside down and creates a lot of worry and confusion for you and your family. You probably have a lot of questions, too, like “how long will it take me to recover?” and “how will I pay these medical bills?” You may also be asking “can you sue an uninsured driver?”
Generally, suing an uninsured driver is not an effective solution, because even if you hire an attorney and win the case, the other driver will have limited, if any, assets from which you can recover, or they can file bankruptcy to avoid paying you. Then you are stuck with only bills.
There are more than 1.6 million uninsured drivers on Texas roads, which is a staggering number. They cause accidents every day. Though you may think you have no recourse, chances are you might. By filing a claim with your own auto insurance company, a claim with the at-fault driver’s employer (if he was on the job when he hit you), or a claim with the Texas Crime Victims’ Compensation (CVC) Program, you may be able to receive compensation.

To find out more about your options, contact lawyers that focus on injury matters. the accident and injury law office of Terry Bryant can answer your questions, explain your options, and advise you about what to do next. We offer a free initial consultation, so call us toll-free at 1 (800) 444-5000.

If you’re asking yourself can you sue an uninsured driver, here’s what to do first:
If you’ve been involved in a car crash, the following steps should be followed:

  • Call 911 and ask that a police officer be sent to the scene.
  • If you are injured, seek medical attention right away.
  • If you are able, take pictures of the accident scene and your injuries.
  • Get the name, contact info, and insurance information of the other driver as well as the name of the responding officer.
  • Get the names and contact information of any witnesses or bystanders.
  • Get a copy of the police report.
  • File a claim with your own insurance company.
  • Make a bodily injury claim, a property damage claim, or both.
  • Find out whether you are eligible for compensation from the Crime Victim’s Fund.
  • Hire an accident attorney to represent your rights.

By doing these things, you will increase your chances of securing as much compensation as possible to cover your losses, even if the other driver was uninsured. By having documents and photographs of the crash, it gives you evidence and leverage that can help your case.

If the at-fault driver was on the job, can you sue an uninsured driver in Texas?

You might be able to. In some cases, if the other driver caused the accident and was carrying out business for his employer during normal working hours, then the employer may be liable for paying compensation to you. That’s because employers can be held responsible for ensuring that their employees have a valid driver’s license and auto insurance if they are driving while conducting company business. If a company shirks this responsibility and allows an employee to drive without insurance during working hours, then the employer has been negligent and may have to pay for your losses. An accident lawyer can help you sort this out based on the details of your specific situation.

The Debate About Whether to Sue an Uninsured Driver

While sometimes you want to sue an at-fault driver because it’s the principle of the thing, you might want to think twice. So often, an uninsured driver does not have the resources to pay you even if you win your case. While this is frustrating, it’s a fact. It’s better if cooler heads prevail. Remember that your ultimate goal is to secure money to pay for the property damage, repair or replace your car, and cover medical expenses and lost wages. Even though you may be mad at the other driver, it’s best to spend your energy filing a claim with your own insurance company and exploring whether the insurance company of the driver’s employer could be held liable. For now, don’t worry about punishing the other driver.

The Texas Crime Victims’ Compensation Program could be another option. The program may cover part of your expenses if the accident includes one or more of the following crimes: DWI, aggravated assault, failure to stop and render aid, criminally negligent homicide, manslaughter, intoxicated manslaughter, and intoxicated assault. You want to be cautious here, though, because if you do secure compensation from another source for the crash, you may be required to pay back any money that the fund gave you.

Contact an Experienced Accident Lawyer Today

If you have questions about your crash with an uninsured driver or if you’ve decided to sue the at-fault driver’s employer because the accident happened while he or she was on the job, contact an accident lawyer who can help. You may be feeling worried, frustrated, or confused after the crash and need some legal guidance. That’s what an attorney is there for. Rather than trying to figure out the ins and outs of the law by yourself, let a skilled and experienced attorney do the legwork for you. the accident and injury law office of Terry Bryant has years of experience helping clients who have been injured in vehicle crashes, and we know just what to do. We can answer your questions, advise you of your legal options, and help you decide what to do next. For a free initial consultation about your case, call us 24/7/365 at toll-free 1 (800) 444-5000.

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