Have you or a loved one been injured in a car accident caused by a negligent driver? If so, you understand the stress that comes with navigating the aftermath of a collision. The stress of an accident is compounded when the driver who caused your injuries is either not insured or underinsured.
Texas Insurance Laws
Texas requires drivers to carry liability insurance. The criteria required by law is called 30/60/25 coverage. This means a motorist’s policy must cover $30,000 for personal juries, $60,000 per accident, and $25,000 for property damage.
These laws are designed to ensure individuals injured by a driver’s negligence are able to recover for their physical injuries or property damage.
However, the law only establishes a baseline to ensure injured parties may recover. Depending on the severity of the accident, damages may exceed the statutory minimum. This is why most motorists opt to obtain additional insurance coverage
Problems Caused by Uninsured and Underinsured Drivers
Injured plaintiffs may sue uninsured drivers for their damages. However, plaintiffs will face some hurdles to their recovery.
Establishing Liability
As with all personal injury lawsuits, plaintiffs injured by uninsured or underinsured drivers must prove the driver’s liability. This means a plaintiff must show the uninsured driver’s reckless conduct or negligence caused his or her injuries. Filing a lawsuit generally requires more time and resources than working through insurance companies. Additionally, in lawsuits where plaintiffs are found partially responsible for the accident, their damages awards are adjusted according to their percentage of fault.
Recovering Damages
Most uninsured drivers do not fail to carry liability insurance as an oversight. In most cases, they simply can’t afford it. This means that even if injured plaintiffs establish liability, they face hurdles when they attempt to collect their damages. Plaintiffs may seek to levy an uninsured driver’s personal assets to cover the price of their loss. However, in most circumstances, uninsured drivers do not have assets sufficient to cover the cost ofthe plaintiff’s medical expenses, lost wages, and other expenses incurred because of the collision.
Call Shaw Cowart to Schedule a Free Consultation
Uninsured/underinsured drivers create risks for others on the road by failing to carry appropriate insurance to cover liability in the event of a car collision.
Don’t let these drivers pass the cost of their mistakes on to you. At Shaw Cowart LLP we understand the pain and suffering you are experiencing as a result of an uninsured or underinsured driver’s negligence. Our attorneys regularly handle claims from injured parties involved in accidents with uninsured or underinsured drivers. We know how to negotiate with insurance and advocate for your right to full and fair compensation for the losses you have sustained.
Don’t assume you cannot recover for your damages if a negligent uninsured or underinsured driver caused your injuries. We can help you understand your claim and your available legal options. Contact our office today to schedule a free and confidential case evaluation.