There are millions of motorists on the road on any given day in Texas, many of whom do not fully abide by traffic laws. Many drivers exceed the speed limit, run red lights and otherwise violate statutes put in place for the safety of everyone in traffic.
People tend to assume insurance should take care of them after a crash. Unfortunately, thousands of people every year learn the hard way that the liability insurance system in Texas does not necessarily provide comprehensive protection against financial losses. Sometimes, those car crashes or mourning the loss of a family member have to take legal action because insurance won’t reimburse them for their expenses.
Uninsured and underinsured drivers
One of the most common reasons that people must take legal action after a wreck is that the party at fault for the crash doesn’t have proper insurance. They either lack coverage or only have the baseline insurance required under Texas law.
Uninsured drivers may have canceled their policy or failed to pay their monthly invoice. Regardless of why they have fallen behind on their premiums, they cannot provide the coverage that people require after a crash and could therefore end up facing a lawsuit. Underinsured drivers technically have policies but don’t have enough coverage to reimburse those injured in a crash. $25,000 isn’t enough to replace a vehicle, and $30,000 could fall far short of covering someone’s medical expenses.
Drivers do have the option of investing in extra coverage to protect themselves from litigation after a crash. However, even a six-figure insurance policy may not be enough if a collision causes a brain injury, amputation, spinal cord injury or death. Those coping with career-altering injuries or the sudden death of a loved one may have losses that exceed even the most generous liability insurance policy. Particularly when the other driver did something clearly unsafe or illegal, taking the matter to civil court may be the only means of securing justice for the incident.
Recognizing that litigation is sometimes necessary after a car crash might help people more effectively pursue justice for the harm caused by someone else.