When you get into a car accident and exchange insurance info with the other driver, you can generally assume that the claim will proceed down the usual path – right until the insurance company says they aren’t covered. In fact, the other driver is specifically excluded from the policy attached to the car.
An exclusion can create a serious obstacle for your claim, but it doesn’t necessarily end it. Several other sources of compensation may be available.
Your PIP coverage may provide immediate aid
In Texas, unless you rejected it in writing, you have personal injury protection (PIP) coverage. Most policies provide at least $2,500 in coverage, although your policy may be higher. Regardless of fault, PIP can help pay for your accident-related medical expenses and a portion of your lost income.
Uninsured or underinsured motorist coverage could apply
If you have uninsured or underinsured (UM/UIM) coverage through your own insurer, it may offer you some protection. The policy, including all its exclusions, should all be reviewed carefully to see if you have a potential claim.
The driver may have assets that can be used
Assuming that your claim exceeds the limit of your PIP coverage, you may need to pursue a claim against the errant driver. Lack of insurance doesn’t mean that an at-fault driver is off the hook for the accident. If the driver has income, property or other assets, those can be used to pay a successful claim for compensation.
The vehicle’s owner is also a possibility
The vehicle’s owner is not automatically responsible because they own the car – but they could face liability if they negligently entrusted the vehicle to their friend or relative, knowing that they were uninsured and had a history of being unsafe behind the wheel.
A skilled attorney will look closely at the possibilities. If you’ve been injured in a wreck with a driver who has no insurance coverage, the wisest thing you can do is seek professional guidance.