Being a responsible driver in Carrollton includes maintaining adequate insurance coverage to protect yourself and others in the event of an accident. Unfortunately, many fail to meet this basic legal obligation. According to estimates from the Texas Department of Motor Vehicles, approximately 20% of drivers in Texas are uninsured. When an uninsured driver causes a crash, it creates a serious financial risk for responsible motorists who are left to shoulder the consequences of another party’s negligence.
If you have been hurt in an accident caused by a driver who is uninsured or carries insufficient coverage, you need skilled legal counsel. The experienced team at O’Hare and Koch is dedicated to helping victims pursue the compensation they need to cover medical expenses, lost wages and other damages, even when the at-fault driver is uninsured. Contact our firm to speak with a Carrollton uninsured motorist accident lawyer.
Injured by an Uninsured Driver in Carrollton? Here’s What to Know
The frustration of being injured in a crash caused by another driver’s negligence is compounded when that driver turns out to be uninsured or carries only the minimum liability coverage required under Texas law.
While you can still pursue a personal injury lawsuit, many uninsured drivers lack the assets to pay a court judgment. That’s why uninsured/underinsured motorist (UM/UIM) coverage is so important. Though not mandatory in Texas, insurers are required to offer it, and it must be rejected in writing. Due to the low minimum coverage amounts drivers or owners are required to have and the skyrocketing medical costs and vehicle prices, it is prudent to include Uninsured Motorist (UM) Coverage and Underinsured Motorist (UIM) Coverage for bodily injuries and property damage on your own policy.
Here’s how it works:
- Uninsured Motorist Coverage: Applies when the at-fault driver has no insurance at all.
- Underinsured Motorist Coverage: Applies when the at-fault driver has insurance, but their coverage limits are insufficient to fully compensate you for your injuries and losses.
When we are able to file a UM/UIM claim, we are essentially asking your own insurance company to cover the damages the uninsured should have paid or the portion of the damages that exceed the coverage maintained by the at-fault underinsured driver or owner. Our focus is on securing the maximum compensation available under your policy limits.
Understanding UM/UIM Insurance Coverage in Texas
Navigating your insurance policy after a crash can be confusing, especially when the at-fault driver lacks sufficient coverage. Texas law requires all drivers to carry minimum liability insurance of $30,000 per injured person, up to $60,000 per accident, and $25,000 for property damage, commonly referred to as 30/60/25 coverage.
These limits are often too low to cover the full cost of a serious accident, which is why having your own UM/UIM coverage in place is so important.
There are several key points relevant to Carrollton drivers:
- “Stacking” Coverage: In Texas, if you qualify as a covered driver, vehicle occupant or household member under multiple auto insurance policies you may be able to “stack” your UM/UIM coverage, combining limits to increase your total available recovery. We evaluate whether stacking applies in your case.
- Understand Your Policy Limits: UM/UIM coverage typically includes both bodily injury and property damage. We help you understand exactly what compensation you may be entitled to under applicable policies.
- Prepare for Insurance Pushback: Even when filing a UM/UIM claim, your own insurance company will likely seek to limit the payout. We push back against these tactics and work to ensure your carrier honors the full value of your claim up to the amount of coverage.
What to Do If the At-Fault Driver Has No Insurance?
If you suspect the driver responsible for your accident is uninsured or underinsured, taking the right steps immediately can make a significant difference in your ability to recover compensation:
- Seek Medical Attention Immediately: Prioritize your health and create a clear medical record linking your injuries to the crash. Delaying treatment can undermine your claim.
- Gather Evidence at the Scene: Call the police to file an official report. Take photos and videoscollect contact information from witnesses, and verify the other driver’s insurance status, if possible.
- Notify Your Insurance Company Promptly: Report the accident to your insurer, but avoid giving a recorded statement about your injuries until you’ve spoken with an attorney.
- Don’t Accept Cash Offers to “Handle It Privately”: An uninsured driver might offer money at the scene to avoid police involvement or legal consequences. Accepting cash or agreeing not to report the crash can seriously harm your ability to file a claim under your insurance. Instead, consult a Carrollton personal injury lawyer as soon as possible.
Why Hire a Carrollton Uninsured/Underinsured Motorist Accident Lawyer
Car accident cases involving uninsured or underinsured drivers are often more complex than they appear. As noted, when the at-fault driver has no insurance, cannot be located, or has inadequate insurance for the full amount of the damage you must pursue compensation through your own UM/UIM coverage if it is available. This essentially places your insurance company in an adversarial role, requiring you to prove your damages just as you would in a claim against the other driver.
How We Strengthen Your UM/UIM Claim
Our experienced attorneys provide skilled advocacy to help you navigate these challenges:
- Comprehensive Case Management. We collect and preserve key evidence, such as surveillance or CCTV footage; review accident and police reports; interview witnesses; and compile medical records to support a strong, well-documented claim.
- Strategic Negotiation and Litigation. We manage all communications with your insurance carrier, counter attempts to devalue your claim, and are fully prepared to pursue litigation if a fair settlement cannot be reached.
- Maximizing Recovery. We pursue every available source of compensation, including identifying potentially liable third parties, such as a bar that overserved an intoxicated driver, a negligent repair shop or other negligent drivers. We also evaluate whether umbrella coverage or stacking UM/UIM policies may apply under Texas law.
- Protecting Your Rights Under Texas Law. We ensure that all required notices and deadlines are met, both under Texas law and your insurance policy, to safeguard your right to full coverage and prevent technical denials.
To see how we’ve helped clients secure compensation after serious accidents, visit our case results page for examples of past successes across a range of complex personal injury cases.
Contact O’Hare and Koch for a Free Case Evaluation
Navigating a claim after a crash with an uninsured or underinsured driver can be overwhelming. At O’Hare and Koch, we help you make full use of the at-fault parties’ insurance and when necessary your insurance coverage. We fight for the maximum compensation the applicable insurance policies allow.
We operate on a contingency fee basis, which means you pay no legal fees or costs unless we successfully recover compensation for your damages. Contact our firm to schedule a free, no-obligation consultation today.