Uninsured/underinsured car accidents in Colleyville can lead to devastating injuries and property damage. Recovering compensation is potentially more difficult in these situations since there is no insurance company available to cover losses for the person who was not at fault.
We could help you determine the appropriate course of action to seek monetary recovery when you are injured by a motorist who lacks or has inadequate insurance coverage. Call today to speak with one of our hardworking car accident lawyers.
State Laws Mandate That All Motorists Have Insurance
Under Texas Transportation Code § 601.051, an individual operating a vehicle in the state has an obligation to maintain liability insurance. The vehicle operator must have obtained the policy from a licensed insurance provider, and the policy must have certain minimum coverage thresholds.
The Texas Department of Insurance requires that motorists have a minimum of $30,000 per person in coverage for injuries, $60,000 in coverage for an individual accident, and $25,000 to cover damage to property.
A person operating a vehicle without insurance in the state is subject to tickets, fines, driver’s license or vehicle registration suspension, having their vehicle impounded, and other criminal penalties.
If an injured party’s insurance policy does not cover car crashes with an uninsured or underinsured driver in Colleyville, they could potentially have to cover their own medical bills and related expenses out-of-pocket regardless of fault.
For a free legal consultation, call (817) 775-5364
Directly Suing the Uninsured/Underinsured Driver Directly
When an at-fault party does not have insurance, an injured victim can still file a personal injury claim against them directly for negligence to recover damages.
A victim must first establish that the at-fault party violated a duty of care owed to other drivers. Motorists have a general duty to obey traffic laws and refrain from engaging in reckless behavior while driving. The plaintiff must also show that the defendant’s actions or omissions breached this duty of care.
A Colleyville personal injury lawyer could help collect evidence to prove that an uninsured or underinsured motorist breached their duty of care, such as witness testimony and police reports from the crash.
If the defendant breached their duty of care, the plaintiff must show that this breach directly caused their injuries or damages. The court will evaluate whether the accident was a predictable outcome or the proximate cause of the defendant’s breach.
The victim must also have suffered real damages or actual losses due to the defendant’s breach of their duty of care. Damages can include quantifiable economic losses, such as lost wages or hospital bills, and noneconomic losses, like pain and suffering, disfigurement, loss of consortium with a spouse, and other losses without a measurable dollar value.
State law Texas Civil Practices & Remedies Code § 41.001 also allows a victim to pursue exemplary damages, which are intended to punish a defendant if they engaged in grossly negligent behavior.
Colleyville Uninsured/Underinsured Driver Accident Lawyer Near Me (817) 775-5364
An Injured Victim’s Contributory Negligence Can Prohibit Monetary Recovery
There are also circumstances in which the injured person’s own negligence contributed to a car accident with an uninsured or underinsured Colleyville motorist.
The state’s modified comparative negligence doctrine prohibits a victim from recovering any damages if a court rules they are more than 50 percent responsible for the negligence leading to the crash, Tex. Civ. Prac. & Rem. Code § 33.001. The court will assign a percentage of fault to all applicable parties involved in the accident.
If the plaintiff is under the 50 percent threshold, Tex. Civ. Prac. & Rem. Code § 33.003 provides that the court will reduce their damages by the applicable percentage of fault.
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Connect With a Colleyville Attorney About Uninsured/Underinsured Car Crashes
While car crashes and their consequences can be daunting to navigate, we are here to help. You can seek our legal counsel when you or a close relative were involved in uninsured/underinsured car accidents in Colleyville. The state has a two-year statute of limitations for filing claims that starts from the date of the incident, so it is best to reach out as soon as possible to avoid any chances of that window closing.
We could advise you on legal filing deadlines, state insurance laws, and other statutes relevant to your situation. Call today to schedule a consultation and get started on your case.
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