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What Happens If the Drunk Driver Is Uninsured?

If the drunk driver is uninsured, recovering compensation may be more complicated. However, an uninsured drunk driver does not mean you do not have options. Our team can investigate your accident and discuss all potential options for your case.

Your Options for Recovering Compensation After an Accident With an Uninsured Drunk Driver

The first option is making a claim against your own insurer. The second is suing the liable party if they have enough assets to cover the accident.

Your Uninsured Motorist Coverage 

Filing a claim with your insurance policy is a viable option if you have uninsured motorist coverage. The Texas Department of Insurance states that drivers must reject uninsured motorist coverage in writing. This means that if you did not reject the coverage in writing, you likely have it. 

The compensation you can recover will depend on the specifics of your policy. Our team can ensure you understand the language within your policy. 

Your Personal Injury Protection Coverage

Texas insurers are also required to offer Personal Injury Protection (PIP) coverage, which you must also reject in writing. Your PIP policy can cover a portion of your medical bills and lost wages.

While insurers are not required to offer Medical Payments coverage, if you purchased it, you can also put that toward your medical expenses.

The Other Driver

You may also be able to sue the drunk driver. To do so, you must prove that their intoxication was the cause of your accident and injuries. However, this may not be the best option if they do not have enough assets to cover your injuries and losses.

What Happens If the Drunk Driver Is Not the Vehicle’s Owner?

Drunk drivers may not be solely at fault for any accidents they cause. If the drunk driver does not own the vehicle, you can claim a personal injury against the owner. The owner may be the driver’s employer, parent, or guardian. 

If another person owns the vehicle the intoxicated person was driving, you can likely hold the car owner liable. If a car owner permits someone to drive their vehicle, they are typically liable for any accidents. 

Steps to Take After an Accident Involving a Drunk Driver

There are several things you can do after an accident to protect yourself and your right to compensation:

Obtain Medical Treatment

The first thing you should do after an accident is to get treated for any injuries sustained. 

Get a Copy of the Police Report

You should also call the police and wait at a secure location near the crash site. Police officers will come to the scene and draft a report. You will likely need a copy of that report to file a claim with your uninsured motorist policy.

Check the Terms of Your Policy

Once you have received treatment, check your car insurance policy. This will help you know if you have uninsured motorist coverage. 

Report the Accident to Your Insurer

You should also contact your insurance provider and inform it of the accident. 

Contact a Lawyer to Review Your Options After an Accident

Once you have obtained medical attention, contact a Dallas car accident lawyer. A lawyer can help you determine the best option for recovering compensation for your injuries. 

Recoverable Compensation After a Wreck With an Uninsured Drunk Driver

What you can recover after an accident with an uninsured drunk driver depends on the policy you file against as well as whether you decide to sue the driver.

You could recover compensation for:

  • The medical expenses incurred both currently and in the future
  • Any wages lost due to the accident
  • Effect on future earning capacity
  • Miscellaneous expenses related to the accident
  • Mental anguish
  • Pain and psychological distress

We can help you recover compensation if you lost a loved one due to a drunk driver.

Our Team Can Help You If the Drunk Driver Who Caused Your Accident Was Uninsured

A member of our team can help you explore your options after an accident with an uninsured drunk driver. We offer a free consultation to explore your options. 

Call Loncar Lyon Jenkins to discuss your case today. You pay no upfront costs or fees and owe us nothing unless and until you recover compensation.

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Author

Ted Lyon

Born in Terrell, Texas, Attorney Ted Lyon, a partner of Loncar Lyon Jenkins, attended East texas State University, now Texas A&M at Commerce, where he obtained his undergraduate degree in political science. Working as a police officer, Attorney Lyon paid his way through undergraduate school, followed by attendance at the Southern Methodist University School of Law. Learn More

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