If the at-fault party does not have truck insurance, you could file a claim with your own insurance company–granted that you have uninsured motorist protection coverage.
The Texas Department of Insurance (TDI) says that when you purchased your policy, you must have rejected this type of coverage in writing. Otherwise, you could have it.
If you do not have uninsured motorist protection coverage, you could also file a lawsuit against the trucking company. However, you must do so in accordance with Texas Civil Practice and Remedies Code § 16.003.
You Could Pursue a Claim with Your Own Insurance Company
After an accident with an uninsured truck driver, your own insurance carrier might be the answer to your problems. Texas Civil Practice and Remedies Code § 33.001 says that the negligent party in a crash is responsible for the collision’s damages. They must pay for these damages out of their pocket or through their liability coverage.
However, because the at-fault party in your case does not have insurance, you may need to rely on your own insurance plan.
What Goes Into Filing an Insurance Claim?
After deciding to file an insurance claim, you will need to:
- Notify your insurance company. Either on the phone or through an app, you will need to tell your insurer about the accident. You should do this even if you are not at fault. You will need to share information about the crash, like what happened and who was involved.
- Send a demand letter. Typically, you only do this if your insurer denies or undervalues your claim. In this document, you will need to present the cost of your damages and the severity of your injuries.
- Negotiate a settlement. If the insurer does not pay what you are owed, then you can negotiate a settlement. At this point, you would go back and forth with the claims adjuster until you reach an agreement.
- Accept a settlement. You do not have to accept an offer if it is not fair. However, if the insurer agrees to pay for your losses and offers a fair arrangement, you could resolve your case at that point.
For a free legal consultation, call 800-777-7777
You Could File a Lawsuit Against the Negligent Party
If filing an insurance claim does not work out, then you can file a lawsuit and proceed from there. Your lawsuit would not be against the insurance company. Instead, it would be against the party that caused your crash.
The defendant in your case could be an individual trucker, their employer, or the company that built the truck. You could even hold more than one party accountable for your losses. It all depends on your situation.
What Goes Into Filing a Lawsuit?
To complete your lawsuit, you will need to:
- File your case. You will need to fill out the appropriate paperwork and file your case in civil court. You must do this within two years from the date of your accident.
- Complete the discovery phase. Here, you and the other side will exchange pieces of evidence, like your medical records, photos of the accident scene, and traffic camera footage. Witnesses will also be asked questions that will go on record.
- Before the case goes to trial, the defendant’s legal team may offer you a settlement. If you can reach an agreement, then you can accept the money and avoid going to court.
- Going to trial. At this point, both sides present their arguments. Your legal team will argue that you were injured and deserve compensation. The defendant’s team will argue otherwise. Your case’s outcome will be decided by a judge or jury.
As you can see, handling a personal injury lawsuit on your own can be cumbersome. Yet, you can have a lawyer from our team manage this process for you. The only thing you would have to worry about is getting better.
Your Legal Options Depend on Your Situation
There is no “one-size-fits-all” approach when it comes to handling truck accident claims in Texas. The following information will determine which course of action is right for you:
- The details of your insurance coverage
- The involved parties
- The nature of your condition
- The cost of your financial losses
- How long ago the accident happened
You can trust our law firm to review your case and determine your financial recovery options.
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Call Loncar Lyon Jenkins About Your Truck Accident Claim
Do you still have questions about what happens if the other party does not have truck insurance? Loncar Lyon Jenkins can explain your options during a free case review. When working with our team, you can expect:
- Updates on your case’s progression
- An investigation into your case
- Responsive legal care
We have been representing people since 1988. We have eight locations for your convenience in McAllen, Tyler, Dallas, El Paso, Odessa, Wichita Falls, Lubbock, and Houston. Call (800) 777-7777 to begin a free consultation with Loncar Lyon Jenkins today.