What to Know about Suing Uninsured Drivers for Damages (2024)

FAQs

What to Know about Suing Uninsured Drivers for Damages? ›

Generally, if the driver has assets that you can realize to cover some or all of your damages, you may sue them. But it is more likely that if the driver cannot afford the minimum liability coverage, they might not afford to pay you. Usually, filing a lawsuit is costly. At the least, you would need to pay court fees.

If a driver who hit me doesn't have insurance, can I sue them? In Texas, you can sue a driver who causes an accident without having liability insurance. However, even while this is possible, it's not always your best course of action. In certain cases, you may have to file a claim in small claims court.

California allows those injured in car accidents to use the civil court system to seek compensation from uninsured drivers for the expenses and quality-of-life impacts they incurred. To do so, you must file your claim in court within two years of the accident.

Insurance companies will only legally pursue uninsured drivers who carry collision/comprehensive or uninsured motorist coverage. company may decide to pursue the at-fault uninsured driver to recoup your claim—but your own collision or uninsured motorist insurance is generally the best way to cover your expenses.

Fortunately, you can sue an uninsured driver for a car accident, and there may be other options available to handle your damages too. If you or a family member was struck by an uninsured driver, you should consult with an experienced Philadelphia car accident lawyer.

As soon as the at-fault driver admits to not having car insurance, involve the police, even if it was a minor crash. Driving without insurance is a crime in Texas that is punishable with a citation, fines and fees of up to $1,100, and the revocation of the driver's license.

Uninsured/underinsured coverage also pays to replace the property in your car, a rental car if you need it, your medical bills, and pain and suffering costs. If you don't have this coverage, your collision coverage will pay to repair your car.

In California, you are usually entitled to the same coverage to protect you against UMs and UIMs as you have in case you are at fault. If you have $100,000 of liability coverage (your protection in case you are at fault in an accident), you can usually get $100,000 of UM and UIM coverage.

If you're uninsured and at fault, you are responsible for covering the costs of your damages and injuries. You are also responsible for the other driver's property damage and medical bills. Even if the other driver is uninsured, under the law, they can still file a lawsuit against you.

As mentioned above, there is a two-year time limit, or statute of limitations, for filing an uninsured motorist claim in California. You have two years from the date of injury to file a claim for compensation.

Can you go to jail for no insurance in Texas? ›

Can you go to jail for no insurance in Texas? While jail is not a penalty for no insurance in Texas, you face hefty fines. You also become subject to financial responsibility laws. If you're charged with failing to file proof of financial responsibility, then you could face jail time.

Drivers in some states need to file a claim with their own insurance company after a crash, but in other states, drivers need to file an insurance claim with someone else's insurance company. Except in divorce cases—which are really another animal altogether—Texas is not a no-fault state.

Yes, driving without insurance is a misdemeanor in Texas, but you will not be arrested. While you may not face jail time, the previously mentioned fines, fees, and hassles are more than enough incentive to remain within the legal requirements of the road.

If the driver who hit you is uninsured, you can potentially still recover compensation for your losses. Under Pennsylvania's no-fault auto insurance system, you can rely on your no-fault policy to cover some of your medical care after an accident. This is true no matter who caused the crash.

If your motor vehicle is not insured with liability insurance, you could face the following penalties and expenses: A minimum of $300 fine for driving uninsured. A three-month suspension of your vehicle registration. A three-month suspension of your driver's license.

In Corbin v. Khosla, the Pennsylvania Supreme Court ruled that an uninsured motorist can hold the at-fault driver liable for their damages. Under this decision, you have the same rights as a driver who opted for limited tort coverage when purchasing insurance.

The Insurance Claim Timeline in Texas

Per Texas law, insurers have 35 days from the receipt of a claim to make a determination and settle it.

When the policy limits in compensation are exceeded, Texas law permits a victim to pursue the personal assets of the person responsible. However, judgments can only be collected on non-exempt assets like vacation homes, second properties, and extra cars.

Uninsured/underinsured motorist coverage pays if you're hit by someone who didn't have insurance or didn't have enough to pay your medical and car repair bills. It also pays if you're in a hit-and-run accident. Insurance companies must offer you this coverage. If you don't want it, you must tell the company in writing.

Texas courts impose a cap of $250,000 on pain and suffering damages in medical malpractice cases, however, regardless of your circ*mstances.

How do you prove pain and suffering in Texas? ›

Proving pain and suffering in Texas

It is important that you document any evidence that will help your case. Documents that will prove your pain and suffering claim include: A documented report from a medical practitioner that affirms that you were injured and that there are legal grounds for a pain and suffering claim.

Pain and suffering are some of the most common categories of non-economic damages in personal injury cases. Fortunately, the courts in Texas recognize these intangible losses. As a result, Texas courts allow victims to seek financial recovery for their pain and suffering.

California Law Forbids Insurers to Raise Rates

That means your rates cannot legally go up when you try to get the compensation you need and deserve after an auto accident.

Typically, they are able to do so without incurring any penalties. However, if the at-fault driver does not have insurance, and you have not purchased underinsured/uninsured driver coverage, you will need to proceed with a personal injury case against the driver responsible for causing your accident.

If you are involved in an accident caused by an uninsured or underinsured driver, your uninsured motorist coverage will pay for your medical expenses, lost wages, and other damages that you are entitled to.

Accident forgiveness is not available in California because a 1988 law, Proposition 103, made it illegal for insurers to charge “excessive rates.” This law indirectly bars insurers from offering accident forgiveness in California since drivers would be charged higher rates to offset the cost of forgiven accidents.

Non-economic damages in California may be awarded for pain and suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, and humiliation.

Yes, you should hire an attorney, especially when you are not to blame for an accident. Under California law, a motorist who is not at fault for an accident could be entitled to receive compensation in a settlement or a lawsuit. This is what makes California a “fault” state when it comes to car accidents.

If your claim exceeds policy limits, you may seek to ultimately sue the driver at fault for additional damages not covered by the policy limits. Whether you should take this approach rather than settling for the policy limits will depend on whether the at-fault driver has assets from which you could collect a judgment.

Californian law dictates that one requires proof of financial responsibility or insurance to drive a vehicle. You can not drive a vehicle in California without insurance, and you or the person you're borrowing from must have insurance to drive legally.

What is the punishment for driving without insurance in Texas? ›

If you were issued a citation for no insurance or failure to present proof of financial responsibility and you had valid insurance at the time of the citation, you must present proof of the insurance coverage to the court within the 15 days appearance in order to have the citation dismissed by the Judge.

Answer: In Texas, like all other Class “C” violations, the statute of limitations on traffic violations is two years.

In Texas, there is no law protecting consumers from rate increases after not-at-fault accidents. In fact, insurance companies have the right to cancel your coverage after two not-at-fault accidents within a year.

Your insurance provider is only liable for payment up to your policy limits. If a car accident victim sues you and receives a judgment for more than your car insurance policy limits, you are personally liable for the amount above your policy limits.

Insurance companies rely on the evidence in car crashes to determine fault. In addition to the police report, they will review statements provided by witnesses, photos from the accident, and even cell phone records of those who were involved.

20% of Texas Drivers are Uninsured

Meaning there are over 3,000,000 individuals in the state of Texas driving with no insurance.

State law requires people who drive in Texas to pay for accidents they cause. Most people do this with liability insurance. A liability policy pays to repair or replace the other driver's car and pays other people's medical expenses if you're at fault in an accident.

A Financial Responsibility Insurance Certificate (SR-22) is required by the Texas Transportation Code Chapter 601 to verify that you are maintaining motor vehicle liability insurance. A SR-22 can be issued by most insurance providers and certifies that you have the minimum liability insurance as required by law.

Fortunately, you can sue an uninsured driver for a car accident, and there may be other options available to handle your damages too. If you or a family member was struck by an uninsured driver, you should consult with an experienced Philadelphia car accident lawyer.

Do you need a police report to file an insurance claim in PA? ›

Be sure to collect contact information for all witnesses if you later wish to file a car accident claim and use witness testimony. A police report will often contain much of this information, but the police report is not required to bring your case to court.

Penalties of not having Pennsylvania car insurance

If you don't have car insurance in Pennsylvania for more than 31 days, the consequences are severe. After dropping the car insurance, a driver must submit their license plate to the Department of Transportation.

Typically, an insurance company will not insure an unlicensed driver or someone with a suspended license. So if your car accident is caused by the unlicensed driver, he/she will have to pay for damages out of his/her own pocket, including car repairs and medical bills.

If you get pulled over without insurance, even if you're a first-time offender, you're likely to get a ticket that carries fines. Fines for driving a car without insurance can reach as high as $5,000 in some states. Many states will also suspend an uninsured driver's license, even if you're a first-time offender.

Contrary to popular belief, car insurance typically follows the car — not the driver. If you let someone else drive your car and they get in an accident, your insurance company would likely be responsible for paying the claim, depending on the coverages in your policy.

Most states use at-fault systems, while a few states use no-fault systems. Pennsylvania is one of only three states that operates a “choice no-fault” system.

This protects you, your family members who live in the same household as you, and passengers if hit by a driver who is operating their vehicle without insurance. It may also pay for injuries sustained in hit-and-run accidents.

This cover needs to be purchased irrespective of whether you are buying a third-party liability-only policy or a comprehensive policy for your car. If you don't own a PA cover under your car insurance, you will be liable for legal action under the law of the country.

It is a legal requirement in Texas to call the police after any automobile collision that results in an excess of $1,000 in property damage or injuries or death. If you find out that the other driver does not have insurance, call the police while still at the scene, even if it does not appear to be a serious accident.

The address is: Safety Responsibility Bureau, Texas Department of Public Safety, P.O. Box 4087, Austin, TX 78773-0001 (512/424-2230).

Is driving without insurance a crime in Texas? ›

Yes, driving without insurance is a misdemeanor in Texas, but you will not be arrested. While you may not face jail time, the previously mentioned fines, fees, and hassles are more than enough incentive to remain within the legal requirements of the road.

5.06-1 (1) of the Texas Insurance Code states that all automobile insurance policies shall provide UM coverage except where “any insured named in the policy shall reject the coverage in writing.” Since Mrs.

Reporting an uninsured motorist to the DMV is a more practical option because the department records all car insurance coverages. When you report the driver to the DMV, they will check the live database to verify your tip.

Contrary to popular belief, car insurance typically follows the car — not the driver. If you let someone else drive your car and they get in an accident, your insurance company would likely be responsible for paying the claim, depending on the coverages in your policy.

Drivers in some states need to file a claim with their own insurance company after a crash, but in other states, drivers need to file an insurance claim with someone else's insurance company. Except in divorce cases—which are really another animal altogether—Texas is not a no-fault state.

Driving without the required auto liability insurance is against the law. The penalties vary depending on the number of offenses, but could include: A fine of up to $1,000 (plus an annual surcharge of $250 for 3 years) Vehicle impoundment.

What does uninsured motorist property damage cover? Uninsured motorist property damage insurance covers the cost to repair or replace the policyholder's vehicle or other property if it is damaged in an accident caused by an uninsured or underinsured driver.

20% of Texas Drivers are Uninsured

Meaning there are over 3,000,000 individuals in the state of Texas driving with no insurance.

Driving without a license is a crime in Texas. This means you could face a criminal conviction, an arrest and even jail time. Under state law, your driver's license must be legally authorized, valid, up-to-date and the correct class for the vehicle you drive.

Is Texas a mandatory insurance state? ›

Texas law requires drivers to show proof they can pay for the accidents they cause. Most drivers do this by buying auto liability insurance. Liability insurance pays to repair or replace the other driver's car, or other damaged property, and pays other people's medical expenses when you're at fault in an accident.

For personal injury claims, the statute of limitations is two years under the Texas Civil Practice & Remedies Code, Section 16.003. In the case of a bad faith claim against your insurer, the statute of limitations is four years.

In Texas, you are required to pay a deductible of up to $250 when using uninsured motorist property damage coverage. Because of this deductible, you should only file a claim for a hit-and-run if the damage costs more to repair than $250.