Uninsured/Underinsured Motorist Attorney in San Antonio, Texas
Sustaining a serious injury in a motor vehicle accident can be a life-altering event; at the very least, it is an enormous inconvenience that adds significant stress to an injured individual’s life. If another party’s poor driving or negligent behavior caused your accident, it compounds the frustration. Things become even more complicated when the at-fault driver doesn’t have any insurance, or doesn’t have enough insurance to cover your losses. Unfortunately, this situation happens far too often in Texas. In fact, the most recent data from the Insurance Information Institute (III) reveals that 14 percent of Texas motorists drive without insurance, and these numbers don’t even account for those who are underinsured with low policy limits.
If you were injured in a motor vehicle accident caused by an uninsured or underinsured motorist, you may be eligible to recover your damages by working with a skilled auto accident attorney. Call the Law Offices of George Salinas in San Antonio, Texas, at (210) 225-0909 today to discuss the details of your accident; we can help you determine the best path forward.
Texas Auto Insurance Laws
Technically, Texas law does not require drivers to carry auto insurance, but it does require them to prove financial responsibility in the case of an accident. Unless a person is extremely wealthy and thus can absorb the potential financial liability of an accident, he or she must demonstrate financial responsibility by purchasing auto insurance. If you are stopped by the police, register a new vehicle, or get your car inspected in San Antonio, you are required to show your insurance information to establish your proof of financial responsibility. If you purchase auto insurance in Texas, you are required to meet the following minimum liability limits:
- $30,000 for each injured person
- $60,000 total per accident
- $25,000 property damage liability
Texas law does not require drivers to buy coverage for uninsured or underinsured motorists. However, it is in your best interest to have this coverage to ensure that you are able to recover damages if you are involved in an accident with an uninsured or underinsured motorist.
What to Do After an Accident With an Underinsured/Uninsured Motorist in Texas
If you get into an accident in San Antonio, your health is of the utmost importance; accordingly, you should seek medical attention as soon as possible following the accident. Not only is this important for your health, but also this visit will provide medical documentation of your injuries, which you will need if you end up filing a lawsuit against the other driver. Proper medical documentation will ensure insurance companies or other parties cannot claim that you had pre-existing injuries or that your injuries were not the result of the accident. If you are not transported by an ambulance away from the accident scene, and you are physically able, you should gather as much information as you can from the other parties involved, including:
- Name, address, phone number
- Licenses plate and/or VIN number of the vehicle
- Insurance information, if insured
If the San Antonio police arrive on the scene, make sure to provide them with as much information as possible. If they do not arrive, you should call them to file a report as soon as possible, as this step may be necessary to file an insurance claim. Additionally, use your cell phone to take pictures of the cars, any property damage, and any visible injuries that you sustained.
Recovering Compensation After an Accident With an Uninsured/Underinsured Motorist
Recovering compensation for the full cost of your injuries from an uninsured or underinsured motorist is not an easy task, which is why it is absolutely necessary to work closely with a skilled personal injury attorney in these types of cases. When an underinsured or uninsured motorist causes an accident that results in injury, you have three main options in Texas:
- Use your personal health insurance to cover your injuries. Although this is one potential option, it may prove costly. Not only will you have to pay any deductible associated with your health insurance, but you might run into issues if you were transported by ambulance to an out-of-network provider. Additionally, once you have exceeded your limits, you will be paying for your injuries out of your own pocket.
- File a claim under your uninsured/underinsured motorist coverage. If you have purchased uninsured/underinsured motorist coverage, you might be able to recover some or all of your economic damages, depending on the severity of the accident and your injuries. If you suffered from life-altering injuries that resulted in a permanent disability or chronic condition that requires continued medical care, your costs will most likely exceed the limits of your policy.
- File a personal injury lawsuit against the driver. In some cases, people inadvertently let their insurance coverage lapse, but many times drivers have no insurance or too little insurance because they can’t afford adequate coverage. You may be eligible to sue for medical expenses, lost wages, future medical costs, and future lost wages. Additionally, filing a lawsuit allows you to sue for non-economic damages, such as pain and suffering, scarring, disfigurement, and more. Yet, even if you receive a verdict in your favor, it isn’t likely that the at-fault driver will be able to pay you the damages. If your lawyer advises that you file a lawsuit, you must take legal action within two years, per Texas law.
Contact an Uninsured/Underinsured Motorist Attorney to Get the Help You Need
If you sustained an injury in a motor vehicle accident that wasn’t your fault, you shouldn’t have to bear the financial costs associated with your injuries. However, when other drivers on the road don’t have adequate insurance coverage, you may be stuck dealing with the costs of your injuries. While seeking adequate compensation can prove difficult, you don’t have to face this challenge alone. An experienced auto accident attorney who has handled underinsured and uninsured motorist claims will evaluate your case and help determine the right steps for you to get the best possible outcome for your situation.
If you or a loved one has been injured in an accident caused by an underinsured or uninsured motorist, contact us today. Call the Law Offices of George Salinas, located in San Antonio, at (210) 225-0909, or contact us online, to schedule your free consultation with one of our experienced personal injury attorneys.