Knowing Whether a Defendant is Insured or Uninsured is Vital to any Auto Accident Case

Knowing Whether a Defendant is Insured or Uninsured is Vital to any Auto Accident Case

All drivers in Texas must have auto insurance. And in the last few years, several powerful high-tech tools have been made available to law officers for them to know this important fact immediately; and mete out “street justice” by immediately towing non-insured vehicles and giving these uninsured drivers costly tickets. But still, one-in-four in Texas insist on driving uninsured. Whether an insurance company is involved in your case or not makes a significant difference in the legal process and the ultimate disposition of your claim. But certain conditions surrounding your accident (and compensation) can become intricate, and litigious. And much of the time these elements arise from an insurance company that doesn’t want to pay up. More about our San Antonio car accident lawyer

Suppose that both drivers involved in your accident were insured and an insurance company is responsible for compensating you for your injuries. This is generally good news for you as it usually means there will theoretically be some amount of money available to compensate you for your losses if you’re successful in bringing your claim. But, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle, and the insurance policy may not fully reimburse you for your losses if your accident was especially severe. Also, just because there is money supposedly available under an insurance policy to compensate you, doesn’t necessarily mean that the check is coming without some sort of negative drama. Anyone who has carried minimum coverage (or been hit by negligent drivers who have it) understands that some companies pay better (meaning quicker) than others. And some – with claimants as well as customers in general – aren’t apt to respond quickly to any process other than taking in premiums. And in just about any accident where an insurance company is involved, it means that at some point, you’ll be up against aggressive adjusters, accident recreation specialists, defense attorneys, and others who all work to see that you lose (and they win by keeping their money).

Then there’s the 25 percent chance (at least!) that the other driver involved in your wreck was uninsured. Hopefully, you have uninsured (UM) /underinsured (UIM) motorist coverage. But since the other driver is responsible for paying you for your injuries, your primary interest is this. If he is uninsured or underinsured, will your insurer provide the UM/UIM service you paid for and cover you (or pay the difference) when the negligent driver comes up short and it’s time to compensate you?

You also must know how solvent this negligent driver is. If a defendant is insolvent, it means that he or she does not have the money to completely compensate you for your injuries: if they can even compensate you all. When a defendant is insolvent, there’s little value in pursuing litigation against him, no matter how strong your case is in proving he should otherwise be held liable for your losses. This is a sad but regular reality that some accident victims are unable to recover compensation from insolvent defendants. And if that happens, hopefully, you have UM/UIM coverage.

Sometimes, the other driver will take steps to hide his assets in order to appear insolvent. He might also try and hide this wreck from his insurance company that is threatening to drop his coverage if he gets in one more. The Texas auto accident lawyers at our Texas Law Office traditionally perform an asset check on any defendant to find out how much he’s really worth and get a clear picture of his actual insurance coverage. If there’s money available, we’ll find it and work to make sure the court is aware of the defendant’s efforts at hiding assets so you will receive the damages owed to you.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto accident case, call our Law Firm now for a free consultation and find out how we can help you.

Stephen Baldwin

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