Whether the Defendant is Insured or Uninsured Greatly Impacts your Case
State law mandates, without exception, that all drivers must have auto insurance. Law enforcement has incorporated some powerful technology that can instantly detect whether a motorist is insured or not. Many dispense “street justice” by immediately towing non-insured vehicles and giving the drivers costly tickets. If the driver has been previously convicted of driving without insurance, he or she can lose their license for a long time and possibly even go to jail, especially if they are involved in a wreck.
Even when they know they’re apt to suffer the consequences if they drive without proof of liability insurance, at least one-in-four Texans still try to get away with it. Whether or not an insurance company is involved in your case makes a huge difference in the legal process and the outcome of your fatal auto accident claim. Some of the conditions surrounding your accident (and damages compensation) can be complex and often contentious. Other elements of the fatal car accident can be relatively straightforward once you get past the initial complexities.
If both drivers involved in the accident are insured, then the company covering the driver that caused the accident is responsible for compensating your family for all legal damages up to policy limits. Whether they do or not is one thing. Generally, this can be good for plaintiffs; because, in most insured cases, there will be at least some amount of money to compensate your family for the tragic loss of your loved one. And yet, most drivers with “street legal-only” liability insurance carry minimum coverage. Those minimums are 30/60/25. Each number is in thousands. The 30 is bodily injury per person, the 60 is bodily injury per accident, and the 25 is property damage (the value of the vehicle that was hit). Such policies typically fail to reimburse your family for this profound wrongful death loss fully. Notice there is no provision for pain and suffering or other survivor damages. Just because the money is theoretically available through the negligent driver’s policy doesn’t necessarily mean that you will be able to easily recover it, especially if the negligent driver carries minimum coverage.
Additionally, anyone who has dealt with “minimum coverage insurance carriers” understands that only a few of them pay better (and quicker) than others. Many, however, are less than responsive with claimants (not to mention their customers’ in-general, even if they still take-in those monthly premiums like clockwork). In just about any fatal auto wreck where an insurance company is involved and with so much money at stake, you’re sure to encounter aggressive insurance company adjusters, accident recreation specialists, defense attorneys, and their investigators as well. All are working to see that you lose your case, should you choose to sue that driver’s insurance company to collect your rightful damages.
Sometimes, a driver who has been involved in a wreck will take steps to hide his assets to make you think he or she is insolvent if your requested damages exceed the amount of their insurance coverage. He might try to hide the fact that he is insured altogether because of fears that his carrier will drop his coverage if there’s another car accident on his record. Regardless of the reasons behind this defendant’s behavior, the fatal car accident attorneys at our Texas Law Firm perform a thorough asset check on every one of the defendants – including the value of their insurance – to find out how much he or she’s worth. If there’s money available, we’ll find it and work to make sure you get the compensation you deserve for the loss of your loved one.
It’s also a good idea to immediately call an experienced auto accident attorney if the driver who caused the accident is less than forthcoming either at the scene of the wreck or later. Maybe the other driver doesn’t want to provide his contact or insurance information. Belligerent accident “victims” such as these usually have something to hide, either from the law or their insurance company. This behavior is also an excellent early indicator that he’ll even make it difficult to recover the damages you deserve because of his or her negligence in causing the death of your loved one. If the other driver displays this kind of behavior, treat it as a big red flag that you need to talk to a lawyer quickly.
Call us today. One of our accident injury attorneys will patiently listen to you, analyze your case, and explain your options. Our goal is to make sure that you recover as much as possible for your injuries and make this sometimes complicated legal process as easy as possible for you to bear.
The period after a car accident is often stressful and confusing. Don’t add to it and the confusion it creates by letting an inexperienced attorney handle your case or represent yourself when you are unqualified. With decades of experience, we are uniquely qualified and fully prepared to get you the best results possible. If you or someone you know was injured in a car accident, contact an attorney at our Texas Law Firm today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.