Texas requires that drivers carry liability insurance to cover damages and injuries to others if they are at fault in a crash. Even with these requirements, many people drive without insurance.
Additionally, some motorists might engage in activities that nullify their insurance, like driving with a suspended license. Injured parties may face difficulties receiving compensation for a wreck in such cases.
A person can pursue damages in a collision by filing a claim with the at-fault motorist’s insurance company. However, if the driver is uninsured, that is no longer an option. Fortunately, there may be other remedies for injured parties in an uninsured/underinsured car accident in McAllen. Call today to speak with a seasoned auto crash attorney to learn more.
What Are Uninsured or Underinsured Drivers?
Uninsured drivers are motorists who do not have auto insurance coverage despite it being legally required. Underinsured drivers have some insurance coverage, but it is insufficient to cover the total costs of damages or injuries in an accident.
People who only carry the minimum liability coverage will likely be underinsured in severe collisions. Both scenarios can pose significant financial risks to other drivers involved in wrecks with them since their insurance may not cover the expenses for vehicle repairs, medical bills, or other damages.
Determining if the other motorist is uninsured can be challenging, and knowing whether they are underinsured requires knowing the damages‘ value. While some may admit it, others might present outdated or invalid insurance documentation. Injured parties in McAllen should always call 911 after a car accident, but it is even more critical in situations involving an uninsured/underinsured driver.
Comprehensive Coverage for Accidents With Uninsured or Underinsured Drivers
Injured parties should review their insurance policies, as they often have coverage beyond the basic liability insurance required by law. Since lenders usually require comprehensive or collision coverage, they likely have coverage if the individual has an auto loan.
Comprehensive insurance coverage—often called collision or complete coverage—compensates for a person’s injuries regardless of fault. If the insurer determines their policyholder is not responsible, they will seek reimbursement from the at-fault party but will still cover the damages. Although these policies have limits, they can offer financial support for the individual’s injuries.
There are two drawbacks to using a personal insurance policy. The first is the deductible, which can leave a gap that ranges from hundreds to thousands of dollars. The more substantial problem is that filing a claim on comprehensive or collision policies will usually lead to increased premiums.
Not every policy increases premiums after a claim. However, if they do, the additional policy costs can rapidly cancel out the value of the insurance payout. As a result, if the injuries and property damage are minor, it might be more cost-effective in the long run to cover the expenses out of pocket rather than filing a claim.
Uninsured and Underinsured Motorist Coverage Claims
Claims under uninsured/underinsured motorist coverage work differently. These policies, which often come together, are activated when the other driver is at fault. Uninsured motorist coverage applies when the at-fault driver lacks liability insurance.
Underinsured motorist coverage kicks in when the at-fault driver’s insurance is inadequate to cover the damages. In both situations, the injured party’s insurer will cover property damage, medical expenses, lost wages, and non-economic damages such as pain and suffering.
Filing a claim under uninsured/underinsured motorist coverage differs from a comprehensive claim. Typically, this type of coverage does not increase an individual’s insurance premiums, as it only applies when the person is not at fault. During a consultation, a McAllen lawyer could explain how these claims apply to a specific uninsured/underinsured car crash.
Seek Assistance for McAllen Uninsured or Underinsured Car Accidents
Being involved in a collision is never pleasant, and it is even more challenging when the other driver is uninsured. Fortunately, there are methods to recover damages in uninsured/underinsured car accidents in McAllen.
The process often depends on your insurance coverage, but in some cases, a professional personal injury attorney could investigate additional recovery options. Schedule a consultation with our law office to learn more.