If you were hit by a driver without insurance in Texas, state law allows you to hold the motorist who caused your accident responsible for the damages you suffered. … File a personal injury lawsuit against the negligent driver.
Is it worth suing an uninsured driver?
Why You Shouldn’t Sue Uninsured Drivers
Most under or uninsured drivers don’t carry the insurance they need because they can’t afford it. A lawsuit cannot take money a defendant doesn’t have. There are instances where suing an uninsured (or underinsured) is worthwhile like when the defendant has suitable assets.
What can you do if someone doesn’t have insurance?
Three steps to take after being hit by an uninsured driver
- File a police report. You need to start by filing a police report. …
- File a claim. After filing a police report, your next step should be to file an uninsured motorist claim with your insurance provider. …
- Press charges.
Can I sue someone if they don’t have car insurance?
Your ability to sue in no-fault states is restricted—you typically can’t sue the other driver unless you suffered serious injuries and/or incurred medical bills over a certain amount. But when the other driver has no insurance, filing a lawsuit can be something of a dead end (more on this later).
What happens when you sue someone without insurance?
If they truly are uninsured, your insurance company can’t file a claim against them — like the saying goes, you can’t squeeze water from a stone. Insurance companies work by filing claims against other insurance companies, so if there isn’t one, there’s literally no way for the insurance company to recover damages.
How do I claim against an uninsured driver?
Fortunately, if you have been involved in a road traffic accident with an uninsured driver, which was not your fault, you can make a claim through the Motor Insurers’ Bureau. The MIB is an organisation set up and funded by motor insurers to deal with claims without a known insurer to direct it to.
What happens if an uninsured driver crashes into you?
Even if the other party is uninsured, if the accident is your fault then you’ll be responsible for their repair costs. This should be covered by basic third-party insurance, however, repairs to your car will only be covered under comprehensive insurance.
Does my insurance go up if someone hits me?
When you are the at-fault driver in an accident, Car Insurance Comparison reports that you can expect about a 49 percent premium increase. In this situation, you may be able to save by shopping around for a policy with a different insurer. Most claims remain on your driving record for about three to five years.
Is it better to have collision or uninsured motorist?
It is better to have collision insurance because it applies in more situations than uninsured motorist coverage. Collision insurance can be used to repair or replace the policyholder’s vehicle after any accident, regardless of fault, while uninsured motorist insurance only applies if an uninsured driver was at fault.
Can insurance sue you?
Your insurance company won’t technically sue you – but they may prosecute you for insurance fraud. Ultimately, it’s highly unlikely for the average driver to be sued by their own insurance company.
What happens if the person not at fault in an accident has no insurance?
The short answer is no. But even if you’re not at fault, you could still be penalized with fines, license suspension or even jail time (depending on your state) if you’re caught driving without auto insurance. Plus, without auto insurance, you may have to pay out of pocket for any related car damage or medical costs.