Being hit by an uninsured driver in Texas adds significant stress to an already difficult situation. Beyond dealing with physical injuries and vehicle damage, you face mounting medical bills and lost wages without the ability to pursue a traditional insurance claim. However, understanding your options can help you navigate this challenging time and work toward fair compensation.
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If you or a loved one is navigating the challenges following a car accident caused by an uninsured driver, it is important to understand your legal options. Consult with an experienced Fort Worth car accident attorney at Anderson, Cummings & Drawhorn. We can answer legal questions you may have and help you understand the process to securing compensation. Reach out for a free, no-obligation consultation to discuss your rights and potential compensation.
Call us today to schedule your free consultation:(877) 920-9009
Understanding Fort Worth Uninsured Motorist Coverage
Texas is an “at-fault” state, the driver who holds a higher percentage of fault for an accident will be liable for covering the resulting damages. If the at-fault driver is uninsured or underinsured, you may need to file an uninsured motorist (UM) or underinsured motorist (UIM) claim with your own insurance company.
An uninsured motorist claim seeks financial compensation for your damages through your insurance policy. To successfully pursue this type of claim, you will need to provide:
- Evidence of Fault: Proof that the other driver was responsible for causing the accident.
- Proof of Lack of Coverage: Documentation showing that the at-fault driver either does not have insurance or does not have sufficient coverage to pay for the damages.
What Type of Compensation Can I Obtain?
An uninsured motorist claim in Texas can provide compensation for various damages, including:
Medical Expenses
This includes hospital bills, surgeries, medications, rehabilitation and any future medical care that may be required as a result of the accident.
Lost Wages
When your injuries prevent you from working, an uninsured motorist claim in Texas can provide compensation for lost wages and any reduction in your ability to earn income in the future. This compensation can cover both immediate wages lost due to time away from work and long-term impacts on your earning potential caused by the accident. The exact amount you can claim will depend on factors such as your previous earnings and the severity of your injuries.
Vehicle Repairs or Replacement
If your vehicle is damaged in an accident with an uninsured motorist, your uninsured motorist claim may cover the costs for repairs or, in some cases, the replacement of your vehicle. This coverage applies to physical damage caused by the accident, depending on the specifics of your policy. However, the amount of compensation you can receive will be determined by your policy limits for property damage, which can vary. It is important to verify the details of your coverage and consult legal counsel to ensure your claim is handled appropriately
Rental Car Costs
You may be able to claim reimbursement for rental car expenses, depending on the specifics of your uninsured motorist coverage. Many policies include rental reimbursement as part of their coverage for property damage, but the details, including how long you can receive reimbursement and the amount, can vary.
Pain and Suffering
This compensation addresses both the physical pain and emotional suffering caused by your injuries, recognizing the profound impact they can have on your daily life. These damages, often referred to as “pain and suffering,” account for the mental distress, reduced quality of life, and ongoing discomfort you experience due to the accident. In Texas, the amount you can receive for pain and suffering will depend on the severity of your injuries, the documentation of your suffering and the terms of your uninsured motorist policy.
Mental Anguish and Emotional Distress
You may claim damages for psychological trauma, anxiety or depression resulting from the accident. Emotional distress is often a significant part of personal injury claims, especially when the accident causes long-lasting mental health effects. In Texas, compensation for psychological injuries is treated similarly to physical injuries and you can seek damages for conditions like PTSD, anxiety or depression. The compensation depends on the severity of the trauma and how it affects your life, as well as the documentation provided by medical professionals. It is important to note psychological injuries are often evaluated separately from physical injuries to ensure they are adequately addressed on your claim.
Loss of Enjoyment of Life
If your injuries prevent you from participating in activities you once enjoyed, you can seek compensation for this loss. In Texas, these damages are recognized to acknowledge the non-economic losses you experience due to the physical and emotional toll of your injuries. The compensation you can claim for the loss of enjoyment of life will depend on factors such as the severity of your injuries, the documentation of your loss and how your ability to participate in these activities has been affected long-term.
Permanent Disability or Disfigurement
If the accident results in long-term or permanent effects, you may be entitled to compensation reflecting the severity of your condition. Some examples of permanent disability or disfigurement are:
- Amputations
- Traumatic Brain Injuries (TBI)
- Spinal Cord
- Facial Disfigurement
- Severe Burns
Out-of-Pocket Expenses
Including any other costs related to the accident, such as travel for medical appointments or additional caregiving needs. These out-of-pocket expenses can accumulate as you undergo treatment and recovery, and they are considered part of the financial burden caused by the accident. Texas law allows you to include these incidental costs in your claim, provided you can document the expenses with receipts or other evidence.
Do My Policy Limits Matter?
Texas uninsured motorist (UM) claims can provide substantial compensation, depending on the severity of your injuries, the coverage limits and claim representation. While each case is unique, understanding the claims process helps set realistic expectations. Working with experienced legal counsel can improve your chances of receiving fair compensation for all damage suffered in the accident.
Your policy limits primarily determine the compensation you may receive. Texas drivers typically carry uninsured motorist coverage that offer bodily injury and property damage protection at varying levels. It is important to remember that your claim cannot exceed the limits of your policy, regardless of the actual damages.
Challenges With Uninsured Motorist Claims
Filing an uninsured motorist claim involves negotiating with your own insurance company, rather than the at-fault driver. Insurance companies often attempt to minimize payouts or deny claims entirely to protect their bottom line.
To ensure you receive fair compensation, it is crucial to consult a lawyer. An experienced attorney can negotiate effectively with your insurance provider, help you navigate the legal process and ensure your rights are upheld to maximize your compensation.
Insurance companies may also attempt to shield the at-fault driver from liability or increase your share of negligence to reduce their payout. Additionally, they may present a lowball settlement offer in an effort to resolve the claim quickly and cheaply. Legal guidance can protect you from these tactics and help you pursue the compensation you deserve.
How To Maximize Your Compensation?
Maximizing your claim means taking the right steps after an accident to show you are serious about your case and to ensure proper compensation. To support your claim, consider the following actions:
- Seek Medical Care and Follow Treatment Plans: Get immediate medical attention and stick to your treatment to create a strong record of your injuries.
- Document Everything: Keep detailed records of expenses, accident-related details and take photos of injuries and damages.
- Gather Evidence and Witness Information: Collect contact details of witnesses and any evidence, such as photos and reports, to support your case.
- Report the Accident Promptly and Avoid Discussing Fault: Notify the appropriate authorities and your insurance company immediately, and avoid admitting fault when communicating with insurers.
Contact Our Experienced Lawyers in Fort Worth Today
Navigating an uninsured motorist claim can be overwhelming, especially when dealing with injuries, mounting medical bills and lost wages. At Anderson, Cummings and Drawhorn, we are prepared to help you seek the maximum compensation. We offer a free consultation to discuss your case and determine your legal options.
We are available 24/7. Call today: (877) 920-9009