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The necessary legal requirements to file suit against an uninsured motorist in Texas

Posted in Uncategorized on January 1, 2024

The necessary legal requirements to file suit against an uninsured motorist in Texas 17

Are you one of the unlucky individuals who have found themselves in a fender bender with an uninsured motorist? It’s a frustrating situation to be in, but don’t worry – you’re not alone. In fact, Texas has one of the highest rates of uninsured drivers in the country. So what do you do when faced with this predicament? How can you protect yourself and seek compensation for your damages?

In this blog post, we will walk you through the necessary legal requirements to file suit against an uninsured motorist in Texas. From verifying their uninsured status to navigating the intricate process of filing a lawsuit, we’ve got you covered. So grab a cup of coffee and let’s dive right into it!

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Verify Uninsured Status:

One of the first steps in pursuing a claim against an uninsured motorist is to verify their uninsured status. This may seem obvious, but it’s essential to gather concrete evidence to support your case. Start by obtaining all relevant information from the accident, such as the other driver’s name, contact details, license plate number, and any available insurance information.

Next, reach out to your local Department of Motor Vehicles (DMV) or utilize online resources to check if the other driver has valid auto insurance coverage. Keep in mind that some states have mandatory reporting requirements for accidents involving uninsured motorists.

If you discover that the other driver is indeed uninsured, take screenshots or printouts of this information as proof. It’s crucial to have solid documentation when dealing with legal matters. Remember that verifying uninsured status will strengthen your position when negotiating with insurance companies or filing a lawsuit.

Additionally, consider hiring an experienced personal injury attorney who can help navigate these complex legal waters and ensure that you follow all necessary procedures correctly. They have access to resources and databases that can aid in confirming whether someone truly lacks auto insurance coverage.

By taking these initial steps to verify an individual’s uninsured status after an accident, you lay a strong foundation for building a successful case against them. Stay diligent throughout this process as every detail matters when seeking compensation for damages caused by an uninsured motorist.

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Understand Texas Insurance Requirements:

When it comes to filing a lawsuit against an uninsured motorist in Texas, it’s crucial to have a thorough understanding of the state’s insurance requirements. In Texas, drivers are required by law to carry minimum liability coverage for bodily injury and property damage.

For bodily injury liability coverage, the minimum requirement is $30,000 per person injured in an accident and up to $60,000 total for all persons injured. Additionally, drivers must have at least $25,000 in property damage liability coverage.

It’s important to note that these are just the minimum requirements. It may be wise to consider purchasing higher limits or additional coverage options such as uninsured/underinsured motorist (UM/UIM) coverage. UM/UIM coverage can provide financial protection if you’re involved in an accident with an uninsured or underinsured driver.

By familiarizing yourself with Texas insurance requirements and ensuring that you have adequate coverage on your own policy, you can better protect yourself financially and legally in case of an accident involving an uninsured motorist.

Remember that each situation is unique; consulting with an experienced board certified personal injury attorney can help ensure that you fully understand your rights and legal options when dealing with an uninsured motorist situation in Texas.

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Check Your Own Insurance Policy:

Before pursuing a legal claim against an uninsured motorist in Texas, it’s crucial to review your own insurance policy. Understanding the coverage you have can make a significant difference in the outcome of your case.

Start by checking if you have uninsured motorist (UM) coverage. This type of insurance protects you when involved in an accident with someone who doesn’t carry liability insurance. Review the terms and limits of your UM coverage to determine how much compensation you may be entitled to.

Additionally, check for underinsured motorist (UIM) coverage. This comes into play when the at-fault driver has some insurance, but not enough to fully cover your damages. UIM coverage allows you to seek additional compensation from your own policy.

Be aware of any exclusions or limitations that may apply. Some policies require prompt notification after an accident, so ensure that you inform your insurer within the specified time frame.

Understanding your own insurance policy is essential as it can provide valuable protection and potential avenues for compensation if injured by an uninsured or underinsured driver.

Remember, consulting with a skilled personal injury attorney will help navigate through this process and maximize the chances of obtaining fair compensation for your injuries and losses caused by an uninsured motorist.

Provide Prompt Notification to the Insurance company:

In the event of an accident involving an uninsured motorist in Texas, it is crucial to promptly notify your insurance company. This step is essential as it triggers the process of filing a claim against your own insurance policy’s uninsured motorist coverage.

Contacting your insurer as soon as possible ensures that you meet any required deadlines or time limits for reporting accidents. When notifying them, provide accurate and detailed information about the incident, including date, time, location, and any relevant documentation such as police reports or witness statements.

Prompt notification allows your insurance company to begin their investigation promptly. They will assess liability and determine if they can pursue reimbursement from the at-fault driver directly or through legal means.

Cooperating fully with your insurance company is vital throughout the claims process. Respond promptly to any requests for additional information or documentation they may have. Be prepared to provide details regarding injuries sustained, medical treatments received, and property damage incurred due to the accident.

Remember that insurers are bound by certain obligations outlined in their policies which require you to cooperate fully during this process. Failure to do so may result in delays in processing your claim or even denial of coverage.

Keep copies of all correspondence with your insurance company regarding your claim for future reference. This includes emails, letters sent by mail, and notes taken during phone conversations. These records can serve as evidence should disputes arise later on.

By providing prompt notification and cooperating diligently with your insurance company throughout the claims process related to an uninsured motorist accident in Texas ensures that you protect yourself legally while seeking compensation for damages incurred during this unfortunate event.

Provide excellent cooperation to the insurance company

When filing a claim against an uninsured motorist in Texas, it is crucial to provide excellent cooperation to your insurance company. This means being proactive and responsive throughout the claims process.

Make sure to promptly notify your insurance company about the accident involving an uninsured motorist. Provide them with all relevant details such as date, time, location, and any other information that may be required.

During the investigation phase, cooperate fully with your insurance company by providing any requested documents or evidence related to the accident. This could include medical records, photographs of damages or injuries sustained, witness statements if available, and police reports.

Additionally, keep open lines of communication with your assigned claims adjuster. Respond promptly to their inquiries and provide accurate information when asked. This will help expedite the processing of your claim.

It is also important to attend any scheduled appointments or meetings requested by the insurance company. Failure to do so may delay or even jeopardize your claim.

Remember that providing excellent cooperation demonstrates good faith on your part and can strengthen your case against an uninsured motorist. By working closely with your insurer and following their guidelines throughout the claims process, you increase your chances of receiving fair compensation for damages incurred due to an uninsured driver’s negligence.

Document Damages:


When filing a claim against an uninsured motorist in Texas, it is crucial to thoroughly document all damages resulting from the accident. This documentation will serve as evidence to support your claim and help ensure that you receive fair compensation for your losses.

Start by taking photographs of the accident scene, including any visible damage to your vehicle and any injuries you sustained. These photos should be clear and detailed, capturing both wide shots and close-ups of the damage or injuries.

Next, gather all relevant medical records related to your injuries. This includes hospital bills, doctor’s notes, test results, prescription receipts, and any other documents that show the extent of your medical treatment.

Keep track of all expenses incurred as a result of the accident. This can include repairs to your vehicle, rental car fees, transportation costs for medical appointments, and even lost wages if you were unable to work due to your injuries.

If there were witnesses present at the scene of the accident or who can attest to your injuries or damages caused by the uninsured motorist’s negligence, be sure to obtain their contact information so they can provide statements if needed.

Maintain a journal detailing how the accident has impacted your daily life. Note any physical pain or limitations you are experiencing as well as emotional distress or psychological trauma resulting from the incident.

By documenting these damages thoroughly and keeping organized records throughout the claims process, you will strengthen your case when pursuing compensation from an uninsured motorist in Texas.

Seek Medical Attention:

Seeking immediate medical attention after an accident is crucial, especially if you have been injured by an uninsured motorist. Your health should always be your top priority, so it’s important to get checked out by a healthcare professional as soon as possible.

Even if you don’t believe your injuries are severe, it’s still essential to seek medical attention. Some injuries may not show symptoms right away but can worsen over time if left untreated. By getting examined by a doctor, they can identify any hidden injuries and provide the necessary treatment.

Additionally, seeking medical attention creates documentation of your injuries and establishes a link between them and the accident. This documentation will be vital when filing a claim against the uninsured motorist or pursuing legal action.

Be sure to follow through with all recommended treatments and keep records of any medications prescribed or therapy sessions attended. These records will help strengthen your case in proving the extent of your injuries and associated expenses.

Remember that delaying or forgoing medical treatment could negatively impact both your health and potential compensation for damages caused by the uninsured motorist. Prioritize seeking prompt medical attention after being involved in an accident with an uninsured driver.

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Consult with an experienced board certified personal injury Attorney:

Consulting with an experienced board certified personal injury attorney is crucial when dealing with a lawsuit against an uninsured motorist in Texas. These legal experts specialize in personal injury cases and can provide you with the guidance and support needed to navigate through the complex legal process.

When searching for an attorney, it’s important to choose someone who has extensive experience handling uninsured motorist claims. Look for a lawyer who is board certified, as this certification demonstrates their expertise in the field of personal injury law.

During your consultation, the attorney will review the details of your case and assess its merits. They will help determine if you have a strong claim against the uninsured motorist and advise you on your options moving forward.

An experienced attorney will guide you through each step of the litigation process, ensuring that all necessary documentation is gathered and deadlines are met. They will also communicate with insurance companies on your behalf, advocating for fair compensation for damages incurred as a result of the accident.

Furthermore, working with an attorney allows you to focus on your recovery while they handle all legal matters related to your case. Their knowledge of Texas insurance requirements ensures that no stone is left unturned in pursuing maximum compensation for medical expenses, property damage, lost wages, pain and suffering, and other losses resulting from the accident.

Remember that time is often limited when filing a claim or lawsuit against an uninsured motorist in Texas. Therefore, it’s essential not to delay consulting with an attorney to protect your rights and ensure that justice is served.

File a Lawsuit:

When all attempts to resolve your claim with the insurance company have failed, it may be necessary to file a lawsuit against the uninsured motorist. This step is often taken as a last resort to seek compensation for your injuries and damages.

To initiate the legal process, you will need to draft a complaint and summons that outlines your case against the uninsured motorist. This document should include details about the accident, any injuries sustained, and the financial losses you have incurred as a result.

Once your complaint has been filed with the court, it must be properly served on the uninsured motorist. This typically involves hiring a process server or having an officer of the court deliver these documents personally.

After being served with the complaint, the uninsured motorist has a certain amount of time to respond. If they fail to do so within this timeframe, you may be eligible for default judgment in your favor.

Throughout this process, both parties will engage in discovery – exchanging information related to their case. This includes gathering evidence such as witness statements, medical records, and accident reports.

In many cases, negotiations and settlement discussions can occur at various stages of litigation. These discussions aim to reach an agreement on compensation without going through trial. However, if no settlement is reached or if liability is disputed by either party; then proceeding to trial becomes necessary.

During trial proceedings before a judge or jury; each side presents their evidence and arguments supporting their respective positions regarding fault and damages sought by you as an injured victim of an uninsured motorist accident.

Following trial completion; if successful in proving liability on part of the uninsured driver; judgments are entered awarding damages based on evidence presented during trial proceedings.

Enforcing judgments obtained from trials can involve garnishing wages or placing liens on property owned by responsible parties who remain non-compliant in paying awarded amounts ordered by courts when victims win lawsuits filed against them due being inadequately insured

Complaint and Summons:

Once you have decided to file a lawsuit against an uninsured motorist in Texas, the first step is to prepare a complaint. This legal document outlines your claims and the relief sought from the court. It is important to provide detailed information about the accident, injuries sustained, and any resulting damages. The complaint will then be filed with the appropriate court.

After filing the complaint, a summons must be issued to notify the defendant of the lawsuit. The summons informs them that they are being sued and provides instructions on how they should respond within a specified timeframe.

It’s crucial to ensure that both the complaint and summons are accurately prepared, as any errors or omissions could potentially jeopardize your case. Therefore, consulting with an experienced personal injury attorney who specializes in uninsured motorist cases can greatly assist you in navigating this process.

Once these documents have been properly served upon the defendant, they will have a certain period of time to respond or defend themselves against your claims. Failure to do so may result in a default judgment being entered against them.

Preparing a well-drafted complaint and ensuring proper service of process through issuing a valid summons are essential steps when filing suit against an uninsured motorist in Texas. Seek guidance from an expert attorney throughout this process for optimal results.

Service of Process:

After filing your lawsuit against an uninsured motorist in Texas, the next step is ensuring that the defendant receives a copy of the complaint and summons. This process is known as service of process. It is crucial to properly serve the defendant with these legal documents in order to proceed with your case.

To initiate service of process, you must provide copies of the complaint and summons to a qualified individual who can personally deliver them to the defendant. This person could be a sheriff’s deputy, constable, or private process server. They will ensure that the papers are served according to legal requirements.

Once served, proof of service must be submitted to the court as evidence that proper notification has been provided. The defendant then has a specified period (usually 20-30 days) within which they must respond by filing an answer or other appropriate pleading.

If attempts at personal service fail, alternative methods such as posting notice or publication may be pursued under certain circumstances and with court approval.

Properly serving the defendant ensures they have knowledge of your lawsuit and gives them an opportunity to respond. This step sets in motion further proceedings in your case, leading you closer towards resolving your claim against an uninsured motorist effectively.

Discovery Process:

During the discovery process, both parties in a lawsuit have the opportunity to gather and exchange information relevant to the case. This phase is crucial as it allows each side to gain insight into the other’s evidence, witnesses, and legal arguments.

The discovery process typically begins with written requests for information known as interrogatories. These are questions that must be answered under oath and provide essential details about the incident, injuries sustained, medical treatment received, and any other pertinent facts.

In addition to interrogatories, depositions may also be conducted during this stage. A deposition involves sworn testimony given by individuals involved in the case or potential witnesses. Attorneys from both sides will ask questions to obtain more detailed information or clarify certain aspects of their client’s claims.

Furthermore, document production and inspection occur during discovery. Parties can request documents such as medical records, accident reports, insurance policies, and any other relevant paperwork related to the case. This allows for a comprehensive review of evidence before proceeding further.

Expert witnesses may also come into play during this phase. These professionals provide specialized knowledge on technical subjects like accident reconstruction or medical opinions pertaining to injuries suffered by the claimant.

The discovery process is an essential part of building a strong case against an uninsured motorist in Texas. It offers an opportunity for both parties involved to gather all necessary information needed for trial preparation while ensuring transparency throughout proceedings

Negotiations and Settlement Discussions:

After the discovery process, where both parties exchange information and evidence, negotiations for a settlement may begin. This is a crucial stage in your uninsured motorist claim against the responsible party. The goal here is to reach a fair agreement without going to trial.

During negotiations, your attorney will advocate on your behalf and present all the relevant facts and evidence of your case to the insurance company or opposing party. They will carefully analyze the extent of your damages, including medical bills, lost wages, pain and suffering, and any other losses you have incurred as a result of the accident.

The insurance company may try to minimize their liability or offer an inadequate settlement amount initially. Your attorney’s role is to negotiate fiercely on your behalf to ensure you receive fair compensation for all your injuries and losses.

It’s important that you trust your attorney’s expertise during this process. They will have experience dealing with insurance companies’ tactics and can skillfully navigate these discussions while protecting your best interests.

Remember that negotiations can take time as both sides evaluate their options. It’s essential not to settle for less than what you deserve. If an acceptable settlement cannot be reached through negotiations alone, further legal action may be necessary.

Stay patient throughout this phase of the process as reaching a fair resolution often requires careful deliberation between parties involved in the dispute over liability and damages caused by an uninsured motorist accident in Texas.

Mediation (if required):

Mediation is a potential step in the process of suing an uninsured motorist in Texas. If both parties are open to it, mediation can be a valuable tool for resolving disputes without going to trial.

During mediation, a neutral third party known as a mediator facilitates communication between the parties involved. The goal is to find common ground and reach a mutually agreeable settlement.

One advantage of mediation is that it allows both sides to have more control over the outcome. Rather than leaving the decision solely in the hands of a judge or jury, you and the uninsured motorist can work together towards finding a resolution that suits your needs.

Another benefit of mediation is its confidentiality. Unlike court proceedings which are public record, what happens during mediation remains private and cannot be used against either party later on.

During this process, each side will have an opportunity to present their case and discuss their concerns openly. The mediator will help guide these discussions and encourage productive dialogue between all parties involved.

Keep in mind that while mediation may be helpful for some cases, it might not always lead to an agreement. If negotiations fail or if one party refuses to participate in mediation, further legal action may be necessary.

Whether or not you engage in mediation depends on various factors such as your willingness to compromise and resolve matters outside of court. Consulting with an experienced personal injury attorney can provide insight into whether pursuing this route would be beneficial for your specific case.

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Trial (if necessary):

If your case against the uninsured motorist cannot be resolved through negotiations or mediation, it may proceed to trial. The trial is where both parties present their evidence and arguments before a judge or jury. It is essential to have an experienced board-certified personal injury trial attorney by your side during this process to ensure that your rights are protected and that you have the best chance of obtaining a favorable outcome.

During the trial, witnesses may be called to testify, including medical experts who can provide insight into your injuries and their impact on your life. Your attorney will also present any documentation or evidence supporting your claim for damages, such as medical bills, repair estimates, and witness statements.

The opposing party will have the opportunity to cross-examine witnesses and present their defense. The judge or jury will then consider all the evidence presented and make a decision regarding liability and compensation.

It’s important to remember that trials can be complex and time-consuming processes. However, with a skilled attorney guiding you through every step, you can feel confident in presenting a strong case.

Remember that this information should not replace professional legal advice from an experienced personal injury attorney familiar with Texas laws regarding uninsured motorists.

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Judgment and Enforcement:

As the final stage of the legal process, once a judgment has been obtained against an uninsured motorist in Texas, it is crucial to understand how enforcement of the judgment works. While obtaining a judgment is a significant step towards receiving compensation for your damages, it does not guarantee immediate payment. Judgment and enforcement require patience and persistence.

Once you have successfully obtained a favorable judgment against the uninsured motorist, various methods can be employed to enforce that judgment. These methods may include wage garnishment or placing liens on their property. However, it’s important to note that enforcing a judgment can sometimes be challenging if the uninsured motorist lacks sufficient assets or income.

Working with an experienced attorney who specializes in personal injury cases involving uninsured motorists can greatly assist you during this phase. They will guide you through the intricacies of enforcing the judgment and help explore all available options to ensure that you receive the compensation rightfully owed to you.

In some cases, negotiating with the insurance company representing an insured driver involved in your accident might be more straightforward than pursuing an uninsured driver through legal channels. Nevertheless, when dealing with uninsured motorists, remember that even though they may not have insurance coverage at present, future opportunities for financial recovery could arise as their circumstances change over time.

While navigating through these complexities might seem daunting initially, taking prompt action after being injured by an uninsured motorist increases your chances of receiving fair compensation for your losses. Understanding Texas’ insurance requirements and diligently following each step outlined in this article significantly strengthens your case when filing suit against an individual without insurance coverage.

Remember: although encountering complications along this journey is possible due to unique circumstances surrounding each case; perseverance combined with expert legal guidance provides victims of accidents caused by uninsured motorists with hope for justice and proper restitution.

If you find yourself injured by an underinsured or completely uninsured motorist in Texas – do not despair! Consultation with reputable attorneys specializing in personal injury law will set things into motion towards achieving justice and securing the compensation you deserve. Don’t let an uninsured motorist’s lack

According to the Texas Department of Insurance:

  • More than 25% of all drivers are uninsured.
  • 16% of all accidents involve uninsured motorists.
  • Vehicles that are 15 years or older are more likely to be uninsured by about 40%.

Examples of Uninsured motorist accidents and claims

  • If you are at a stoplight or rear-ended by a driver who doesn’t have insurance.
  • If your vehicle is parked in a public parking garage. In addition, it has been hit and damaged, but the other driver didn’t leave any evidence.
  • If you are a pedestrian in a crosswalk and hit by a driver who does not have enough liability car insurance to cover the medical expenses.

If you are a victim of a hit and run, here are some steps you can follow

  • Pullover in a safe area and ensure you and your passengers are okay (it is better not to chase the motorist).
  • Even if you didn’t get a look at the license plate or the description of the car, you should record as many details about the accident as possible. Contact any witnesses to gather more evidence.
  • Contact the police to record your case.
  • Use your phone to take photographs of the scene, including your damages, injuries, and contact information from any involved parties.
  • Call your insurance company to get a hassle-free claim for the damages caused in the uninsured motorist accident.

Specific requirements to file an uninsured motorist claim


There are certain requirements for both the uninsured motorist property damage claims and the bodily injury claims. For both the claims, the first thing required is the physical contact between the uninsured vehicle and either an insured vehicle. Moreover, for uninsured motorist personal injury claims, here are some rules that apply:

  • The insured or someone on his or her behalf must report the accident to the authorities within 24 hours.
  • The insured or someone on his or her behalf must file a claim within 30 days. The insurer needs to file the claim with the insurance company that they have a claim for damages against a person or persons whose identity is unascertainable and set forth facts to support the claim.

How to file an uninsured motorist Lawsuit claim

  • Get a consent to settle documents from the uninsured motorist carrier.
  • Get a copy of the declarations page of the liability insurance company.
  • Send the declarations to the at-fault driver.
  • Cross-check and sign the document from the liability insurance company.
  • Send medical bills and records to the at-fault driver.

Does the insurance company investigate uninsured motorist claims?

When you file an uninsured motorist claim after your accident, the insurance company will thoroughly investigate the accident. They will investigate all the damage that occurred to your car and any medical treatment you received, along with the nature of the injuries, hospital bills, and more.

It’s extremely important to hire a skilled and experienced attorney, preferably board certified that will prepare and file your lawsuit and make the process simpler and less stressful for you so you can focus on your recovery from your injuries. The personal injury attorney will explain that these wreck investigations take place not only to calculate the damages that qualify to be covered under the uninsured motorist lawsuit claim, but also to ascertain whether the faultless driver filed the claim in good faith and without fraud regarding the damages or injuries.

It is important to be transparent and honest during this the investigation to make the most of any uninsured motorist claim. It will help you gain back any financial loss you may have incurred in the accident.

Understanding the payout from an uninsured motorist lawsuit

It’s instructional to understand how uninsured motorist claims generally work. The underinsured motorist coverage amount you can claim is generally decreased by the amount of money you get from another driver’s liability insurance.

Here’s an example:
If you have $100,000 of uninsured motorist coverage and you receive $50,000 from the other driver’s liability insurance, total medical bills will become $300,000.
Your uninsured motorist coverage limit would only be $50,000 ($100,000 UM – $50,000 at-fault driver’s liability). It means $200,000 would not be covered.
You won’t be able to get the full uninsured motorist coverage ($100,000) plus the driver’s liability coverage ($50,000).
In such cases, you can expect a $150,000 total from the insurance and will receive only $100,000.

Protecting your interests

After you suffer a property loss and serious injury due to the fault of another driver, you deserve compensation for your property damage, medical bills, potentially lost wages, and pain and suffering. If the at-fault party has personal assets, a good, experienced board-certified personal injury attorney can seek a judgment against the at-fault driver to take his or her insurance policies into account. Neither the responsible party nor the insurance company will likely volunteer such information. Our lawyers know where to look to obtain such compensation and how to ensure that you get it.
If you want a uninsured motorist lawyer who cares about you and the outcome of your uninsured motorist lawsuit choose Aaron Herbert, a board certified Texas uninsured motorist specialist and car accident trial lawyer who has deep experience in protecting the injured in an uninsured motorist claim. Aaron and his professional connections ensure you get the maximum economic recovery possible for what you went through.