Austin Uninsured Motorist Accident Lawyer

When another driver hits you, it is natural to expect that driver's liability insurance to pay for your car damage, hospital bills, lost income and other losses. But what can you do if the driver has no insurance?

The car accident attorneys of Byrd Davis Alden & Henrichson, LLP, help clients in Austin and surrounding areas of Texas to work through this issue all of the time. If you find yourself dealing with the aftermath of a crash that was caused by an uninsured driver, make your first call to us.

We can explore and pursue all of your options, including taking action against a liable third party or filing an uninsured motorist claim with your own Texas auto insurance provider. While you focus on your health and your recovery, we will be hard at work, seeking maximum compensation for your losses.

Our initial consultations are always free. So, contact us today to get started.

What Are Your Insurance Options After an Austin Car Accident?

If you own and operate a car in Texas, you must have liability insurance. This insurance will pay for the property damage and bodily injuries that you cause in a crash. Texas law requires you to carry this insurance in the following minimum amounts:

  • $30,000 for bodily injury to one person
  • $60,000 for bodily injury to two or more persons (per accident)
  • $25,000 for property damage.

So, if you are struck by another driver in Austin, your first option would be to file a claim with that driver's insurance provider. It is possible that the driver will have coverage that is above the minimum amounts.

Of course, it is also possible that the driver has no insurance. In fact, according to recent figures from the Texas Department of Insurance, 14 percent of drivers in our state are uninsured - or more than 2.5 million drivers.

If you find yourself in this situation, you could file a claim through your uninsured / underinsured motorist (UM / UIM)coverage. You should have this insurance unless you have rejected it in writing.

UM applies when you are hit by a driver with no insurance or by a hit-and-run driver. UIM kicks in when you are struck by a driver whose insurance fails to cover all of your losses. It can cover the difference between what the other driver's liability policy covers and your losses - up to the amount of UIM you have purchased.

An insurer must offer UM / UIM coverage in the following minimum amounts:

  • $20,000 for bodily injury to one person
  • $40,000 for bodily injury to two or more persons (per accident)
  • $15,000 for property damage.

To fully protect yourself, you should never reject UM / UIM coverage. You should also consider buying coverage above the minimum amounts.

If you look at the declarations page of your auto insurance policy, you will see that you may have many other types of coverage that you can turn to in case you are in a crash - regardless of fault and whether the driver has any insurance. These types include:

  • Personal injury protection (PIP) - Like UM / UIM, you should have this coverage unless you have rejected it in writing. The insurer must offer you a minimum of $2,500 in coverage. It pays for your medical bills, costs of hiring a caregiver and up to 80 percent of your lost wages.
  • Medical payments - This coverage - also called "medpay" - covers your medical costs caused by a crash.
  • Collision - This insurance covers the repair or replacement of your vehicle. If you are financing your car, your lender has likely required you to have this policy as well as comprehensive insurance, which pays for damage unrelated to a collision such as a flood, fire or vandalism.
  • Towing, labor and rental - Your insurance may cover getting your car towed from a crash and for repair work. The other driver's insurer typically will pay for your rental expenses. However, you may also have a policy that will cover rental costs.

Your lawyer from Byrd Davis Alden & Henrichson, LLP, will look at all of these options in your case. You can count on us to take efficient and effective action on your behalf, including filing a claim with the other driver's insurer or your own insurer.

Insurance companies want to pay as little as possible to settle a claim. This is why you need to have an aggressive and experienced lawyer by your side. You can trust us to do the hard work it takes to prepare your case for settlement negotiations and to fight for a full and fair settlement for you.

Do You Have Other Options When Hit by a Driver with No Insurance?

If you are injured by an uninsured driver in Austin, your options may go beyond filing a claim with the other driver's insurer or your own insurer. Byrd Davis Alden & Henrichson, LLP, will explore other options such as:

  • Employer - If the driver who hit you was working at the time of the crash, that driver's employer may be liable to you. The employer likely carries a commercial liability policy.
  • Business or social host - You may be able to seek compensation from the bar, restaurant or store who sold alcohol to a "visibly intoxicated" driver or to a minor who hit you. A social host who gave alcohol to a minor who caused your crash could also be held liable.
  • At-fault driver's personal assets - If the other driver lacks insurance, you can seek a recovery from the driver's personal assets. However, in most cases, the driver will lack the financial resources to cover all of your losses.

Get Help Today from Our Austin Uninsured Motorist Accident Attorneys

As you can see, you may have many options available to you after being hit by an uninsured driver in Austin. You should get in touch with Byrd Davis Alden & Henrichson, LLP, right away and allow us to get to work on pursuing all options available to you. Contact us today for a free, immediate consultation.

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