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Uninsured Motorist Accident Lawyers in San Antonio

Being involved in a car accident is a traumatic experience, and this can be made all the worse when dealing with an uninsured motorist or a hit-and-run motorist. Laws in San Antonio, Texas have been enacted to help protect drivers from additional losses caused by uninsured motorists. Uninsured motorist claims, are however, more difficult cases than standard accident claims. Getting quality legal representation is important to getting the compensation you deserve.

Mandatory liability insurance

Most states, including Texas, have mandatory liability insurance laws. This means that it is the legal responsibility of all drivers to carry sufficient liability insurance to cover the losses of the other driver in an accident. Despite this law, the Insurance Research Council estimates that drivers in Texas have a 21 percent chance of being hit by an uninsured motorist. This problem is especially high in Texas due to large amounts of Mexico border traffic. It is estimated that the majority of vehicles crossing the Mexico border along Texas are uninsured vehicles.

This law also gives properly insured drivers a legal edge when filing their claim in court. Since it is the driver’s responsibility to carry insurance, an uninsured motorist claim is easier to win in Texas than in a state without mandatory liability insurance laws.

Texas law also requires that all polices have some amount of uninsured motorist liability. This ensures that the policy will provide payouts for uninsured motorist claims.

Hit and run motorists

Unfortunately, hit-and-run accidents are an all too common occurrence in Texas. This is especially true in dense urban areas, such as San Antonio. Under Texas law a hit-and-run motorist is considered an “unidentified motorist” and is subject to the same regulations as uninsured motorists. It is possible to file an uninsured motorist claim for damages involving a hit-and-run accident in Texas. Drivers should keep in mind that reporting such accidents promptly to the police is important. A police report is a critical piece of evidence to submit when filing such a claim. It may be tempting to try and chase the fleeing driver or just go home under the assumption that you won’t get anything anyway. Even if the damage to your vehicle is minor after a hit-and-run, always treat the accident the same. Ensure you are safe. Leave the scene as intact as possible, and call the police immediately. Police may be able to track the hit-and-run driver if you are able to provide license plate information or identify the vehicle.

Dealing with Insurance Companies

A major part of a claim involves dealing with insurance companies. Everyone hopes that their insurance company is honorable and wants to take the best care of their customers, but it is more often the case that insurance companies are primarily concerned about the bottom line and paying out as little as possible for a claim. A competent Personal Injury attorney is vital at this stage to ensure the insurance company does not undercut.

Texas law allows for stacking of policies. This means that a driver can get a payout from more than once policy with the same claim, so long as more than one policy applies to the situation.

Time is important. There is a statute of limitations on uninsured motorist claims of four years from the date the insurance company denies to pay for the uninsured motorist claim, and not the date of the accident.

 



 

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San Antonio

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San Antonio Office:
21022 Gathering Oak, Suite 3
San Antonio , Texas 78260
Phone: 210-390-0742
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