What can I do when it turns out that the driver who caused the accident does not have insurance?
There are sometimes other responsible parties against whom we can make a claim.
For example, if the other driver lost control of the vehicle because of a defect with that car, then there may be a claim against the party who was responsible for the defect, like a mechanic or the auto manufacturer.
If the accident was caused because of a crime like drunk driving, then we can make a claim to the crime victims’ fund in Texas.
Naturally, we also look to the assets of the uninsured motorist who caused the accident.
Your own uninsured/underinsured motorist insurance policy, if you have any, protects you up to your policy limits, too.
Is there a requirement that I have uninsured/underinsured motorist coverage?
No, Texas does not require it. In Texas, a driver is only required to maintain liability insurance.
How much liability insurance is the required minimum in Texas?
As of this writing, it is $30,000.
What if my injuries are in excess of $30,000 and that’s all that the other driver has?
In this type of situation you look towards your underinsured motorist policy to see if there is any coverage that applies. Additionally, your lawyer will conduct a thorough review of your case to determine the responsible parties. You can look at these other third parties to determine whether there is any other potentially liable party.
Learn more about the Adley Law Firm.