What happens if you get hurt in an auto accident that was someone else’s fault, but you don’t have insurance? Our Dallas-Fort Worth personal injury lawyers will address that question in this article.
Do You Have the Right to File a Lawsuit if You Don’t Have Active Insurance?
Fortunately, yes. Texas law gives you the right to pursue a legal claim for car accident injuries even if you didn’t have insurance at the time of the wreck. This is because Texas is an at-fault state, meaning the driver responsible for the crash is liable for covering the damages.
What if You Were Partially at Fault, Too?
Texas follows the law of modified comparative negligence. This means you can get compensated even if you were partially at fault. Here’s how it works:
- You were 50% or less at fault: You can recover compensation, even if you’re uninsured. However, the compensation you receive will be lowered depending on the amount of fault applied to you. For example, if you are awarded $20,000 and were found 10% at fault, your award would be reduced by 10% of $20,000. So, it’d be reduced by $2,000, and you’d receive $18,000.
- You were 51% or more at fault: You will not be able to receive compensation regardless of whether you had insurance or not.
The percentage of fault assigned to you will be debated as your case progresses. It’s important that you retain a skilled attorney who can explain why the other driver bears 51% or more of the responsibility.
Challenges of Filing an Injury Claim When You Don’t Have Insurance
While the law allows you to seek compensation, you can expect a few challenges along the way:
- Credibility in court: It’s possible that a judge or jury could view uninsured driving as an irresponsible act. While it’s true that the other driver was at fault, you could be perceived as a reckless driver due to not having insurance.
- Compensation limitations: Depending on the circumstances, driving without insurance could limit your ability to be compensated for non-economic damages like pain and suffering. Your lawyer will be able to explain what kinds of compensation you might and might not be eligible for.
- Penalties: Under Texas law, you could be fined and have your driver’s license suspended for driving while uninsured. These penalties don’t affect your injury claim, but you should be aware of them.
Alternatives to Lawsuits
If the other driver has insurance, you might be able to pursue compensation through their policy. For example, their Uninsured Motorist Coverage (UIM) might cover your damages. Or, if the other driver has Personal Injury Protection (PIP) coverage, that could cover your medical bills and lost wages.
Talk to a Texas Motor Vehicle Accident Lawyer
If you were injured in a crash and don’t have insurance, make sure you retain a lawyer who can handle any complexities that arise. Ted B. Lyon & Associates knows how to handle these cases. Call 877-Ted-Lyon or email us for a free consultation today.
