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Car Accident Law
Whether the Defendant is Insured or Uninsured Greatly Impacts your Case
State law mandates, without exception, that all drivers must have auto insurance. Over the past several years, law enforcement has incorporated some powerful technology to detect whether a motorist is insured instantly. Many dispense “street justice” by immediately towing non-insured vehicles and giving drivers expensive 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. More on this website
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 ultimate outcome of your fatal auto accident claim. Some conditions surrounding your accident (and damages compensation) can be complex and often contentious. Other elements of the fatal car wreck can be relatively straightforward once you get past the initial complexities.
Suppose both drivers involved in the accident are insured. In that case, 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; in most insured cases, there will be at least some money to compensate your family for the tragic loss of your loved one. 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 fail to fully reimburse your family for this profound wrongful death loss. Notice there is no provision for pain and suffering or other survivor damages. So just because the money is theoretically available through the negligent driver’s policy doesn’t necessarily mean that you can quickly recover it, especially if the negligent driver carries minimum coverage.