What Happens if the Other Driver Doesn’t have Insurance in a Car Accident?

Last updated on: June 28, 2013

What Happens if the Other Driver Doesn’t have Insurance in a Car Accident?

Accidents are bound to happen, but can become suddenly more complicated if one of the person’s involved does not carry insurance. Being involved in a car accident with no insurance can be a costly mistake, and one should be aware of their options if it happens. There is a 1 in 7 chance that an uninsured motorist will be involved in an accident. Even though car insurance is required by the state of Texas, all too often drivers don’t have it when it’s needed.The majority that don’t carry insurance cannot afford it in the first place.  

Unfortunately, suing an uninsured driver is generally not a good idea. Suing an uninsured driver will not usually put much money in your pocket or pay for much of your losses. Most uninsured drivers have little or no money or assets to begin with so going after then may prove to be a futile effort and unworthy cause. If you win a judgment against a person with little or no money, you are probably not going to get much money from the judgment because the defendant has nothing with which to pay you.

Luckily, there are certain situations where you may be able to use car insurance to cover the damage that has been done even when the driver doesn’t appear to have valid coverage. First of all, if the driver doesn’t have coverage, you should check and see if the owner and the driver are the same person. Oftentimes individuals have success by going through the owner’s insurance if the driver is uninsured. Additionally, your own insurance coverage may be able to step into the shoes of the responsible driver through Uninsured Motorist Coverage. Uninsured Motorist Coverage (UIM) isn’t required in the state of Texas, but can be extremely beneficial if you believe the responsible driver does not have insurance coverage. By making a claim with your UIM coverage, your insurance then has the burden to show that the driver was insured. This leaves you with 2 positive outcomes: 1) your insurance company finds the driver’s insurance coverage; or 2) your insurance company agrees that the driver failed to have valid car insurance coverage, and allows you to claim for damages through your UIM policy. If you have any questions about insurance coverage after being involved in a wreck, please call a personal injury attorney at Zinda Law Group immediately in order for an experienced lawyer to answer your questions and provide a free consultation.