Can I recover for personal injuries in Texas if I don’t have Insurance?

August 20th, 2008

A minor child was in my car when a drunk driver hit him from behind. The child suffers from neck and back pain is going to the doctor for rehabilitation therapy. The at fault driver’s insurance company is paying for the property damage. I found out my car insurance cancelled 2 weeks before this accident, what do I do? Is it true I can’t sue them for the injury because I don’t have insurance.

In Texas, you don’t need to have insurance to sue the at-fault driver. If the insurance company is already paying for the property damage, then more than likely, your son’s injuries will be covered as well. It’s tempting to just accept the offer the insurance company is making so you can pay the car repairs and get on with your life, but this is not your best course of action.The insurance adjuster will not offer to pay full value for the medical bills if you don’t professionally submit your claim. I strongly recommend that you don’t make any statements to the insurance company, or accept any offers from the insurance company for personal injury or property damages before you talk to a lawyer to be sure you understand your rights under the law. Once you have signed and accepted the insurance company settlement for damages and injuries from the accident, you cannot go back and ask for more money when you discover that your medical bills or therapy is going to cost more. You cannot ask for job retraining if it turns out that you can no longer do the work you once did. It’s the job of the insurance company to pay out as little as possible. It’s the job of a car accident personal injury attorney to maximize your recovery and look out for your short-term and long-term best interests. I hope this information was helpful and wish you the best of luck with your claim.

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