Legal Question in Personal Injury in Texas

Injury Accident, but the person that caused it has no insurance

My husband was involved in a 4 car injury accident on March 3, 2007. He was rear-ended by a young girl who was driving over the speed limit and who in turn got hit herself and killed. After getting all the info regarding the accident and the police report also, we have found out that the young girl who caused the accident does not have any car insurance or did not have a driver's license. I sympathize with the young girls family for their loss. But, if the young girl did not have any insurance and no driver's license how do we proceed in this injury accident as to receiving any compensation to pay all the M.R.I.'s and C.T. scans and constructive therapy my husband as paid for so far and also the time, money to get the car out of the pound because they towed it because it was considered evidence in the accident when he didn;t even cause it, and money out of pocket so far? It is getting reallu frustrating and tedious because the car that he was driving is the only car we have between the two of us. It has caused my husband stress.worry, monetary loss, and physical harm. Who do we sue or take to court if the person who caused the accident got killed in the accident she caused?We didnt have uninsured motorist insurance. HELP!thanks


Asked on 7/14/07, 1:35 pm

2 Answers from Attorneys

Dan Street Street Law Firm

Re: Injury Accident, but the person that caused it has no insurance

I hear tragic stories like this every week. The sad truth is that over 30% of all motorists in Texas are driving without insurance. And, of the 70% who are insured, 85% of them have only the bare minimum $20,000 policy. This means you have a 95% chance of being hit by either an uninsured motorist or one with a minimum policy. Therefore, carrying uninsured/underinsured motorist coverage is absolutely essential to protect yourself. I wish Allstate, GEICO, Progressive, and all the others were more interested in informing and protecting the public than in putting on silly commercials with lizards and cavemen. Society would certainly be better served and tragedies like this could be avoided.

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Answered on 7/16/07, 12:29 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Injury Accident, but the person that caused it has no insurance

As I read your description, you have no one to collect from..and that is true in half of serious injuries. Your insurance agent should have described the fact that one out of four drivers are not insured..and most are not insured enough for serious accidents...UIMand PIP are small premiums..but insurance companies are happy when they are not accepted...

Her actions sound criminal but I doubt if the $25,000 crime victims fund would be available or much help.

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Answered on 7/14/07, 3:05 pm


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