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What If The At Fault Driver Doesn't Have Insurance?

Posted by Jacob Glenn | Apr 25, 2022 | 0 Comments

Other Driver Has No Insurance?

Over almost 40 years, we have handled thousands of car wreck cases. Unfortunately, as Dallas-Fort Worth car accident lawyers, it is not uncommon for us to receive calls from folks who were in car wrecks caused by drivers who have insurance. Often, a prospective client has called the insurance company provided by the at fault driver only to find out that the policy premiums have not been paid in months and the coverage is no longer in effect. Sometimes the other driver tells them right there on the spot, “I'm not insured!” People in such circumstances call up a Texas personal injury lawyer and—understandably—have no idea what to do. If you're in this position, you can find yourself feeling like the rug has been pulled out from underneath your feet. First, if you're injured, it's best to be treated immediately following a wreck. Then, once you've been treated, a good place to start is the declarations page of your own policy.

Check Your Insurance Declarations Page

Your insurance policy declarations page outlines the types of coverage that you have. The state requires liability coverage, or a policy that will cover a minimum amount of liability in the event that you cause a wreck. (In Texas, this is $30,000.) But there are also several other types of coverages available to you to protect your family if you are involved in a car collision caused by someone else and they have no coverage.

PIP – Personal Injury Protection

The first coverage in known as “Personal Injury Protection”, or “PIP.” PIP provides you with coverage that may pay some of your medical bills and reimburse you for lost wages and other out of pocket expenses, regardless of who is at fault. Sometimes clients are hesitant to file a PIP claim, thinking it will raise their insurance rates.  Rest assured, a PIP claim cannot be used to increase your premiums. The Glenn Law Firm encourages you to talk with your insurance agent as this coverage can be very important in the event you are injured in a car wreck. This coverage can help you get the care you need so that you can get back to 100% as soon as possible.

UM / UIM – Uninsured Motorist or Under-Insured Motorist Coverage

There are two other types of coverage that come into play in instances where the at fault driver doesn't have insurance: (1) Uninsured motorist coverage (UM); and (2) under-insured motorist coverage (UIM). The first, uninsured motorist coverage, comes into effect when in the exact instance described above: where the at-fault driver doesn't have any liability coverage. The precise reason you pay for this type of policy is so that you'll have a safety net in the event that another driver hasn't followed the law and provided the required coverages before getting behind the wheel. This type of policy is not mandatory in Texas, but because we've see what can happen when you don't have it, it's something we strongly believe is a good idea to have on your coverage.

The next type of policy is under-insured motorist coverage. This type of policy goes into effect when the at-fault driver has coverage, but that coverage is insufficient to pay for the entirety of the damages you sustain. While the minimum amount of $30,000 in coverage might sound like a lot of money, when you get into the medical costs associated with significant bodily injuries and property damage, you realize that $30,000 starts to run out quickly. If you have damages that exceed the other driver's coverage, then you are in a situation where that driver is “under-insured.” Thus, if you have under-insured motorist coverage, you can tap into that policy in such a situation.

While we're car wreck lawyers who deal with these types of policies and complexities on a constant basis, we understand that trying to navigate these waters can be overwhelming—especially if you're injured and trying to treat at the same time. That's why we encourage you to give us a call if you're in need of a car wreck attorney.  We can help you figure out what your options are, what your next steps need to be, and we can address the other sorts of questions that car wreck lawyers are experienced in answering.

Call Us For A Free Consult

If you or a loved one have been in an automobile accident, a motorcycle crash, or an 18-wheeler wreck, and you're overwhelmed by the process of figuring out what your next steps need to be, we at the Glenn Law Firm would be honored to take your call and provide you with a free consultation. We can help you understand your legal options and provide you with a free case analysis. Fill out our online form on this website or give us a call at (817) 424-5999

About the Author

Jacob Glenn

It is a tremendous honor to stand up, fight, and demand justice for our clients in their most trying hours. I joined Glenn Law Firm after graduating Belmont University College Of Law in Nashville, Tennessee and passing the Texas Bar in 2021. At Belmont, I served as research assistant to Professor...


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