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What happens when you get hit by someone with no insurance?

If another vehicle hits your vehicle in Texas, you have the right to assume they carry proper insurance coverage and can pay for any damages. It is normal to expect the person at fault to cover expenses of an accident, but in some cases, the person that hits you may not have insurance. If this happens, you may feel upset and be unsure what to do. After all, it was not your fault the accident occurred, so why should you have to pay for the damages?

According to HowStuffWorks, because the state requires each driver to carry a minimum amount of insurance coverage, anyone who hits you and does not have insurance is breaking the law. That does little to make you feel better when your vehicle is damaged and needs to be fixed. You do have recourse, though.

If the other driver has no insurance, you may take him or her to court and sue for damages. If the court finds in your favor, that person's assets may be seized, his or her wages may be docked and bank accounts may be accessed to get the funds to pay you the amount the court awarded you. 

If you have comprehensive and collision coverage on your vehicle, your insurance company may pay for your damages and go after the other person to recoup what they paid. In addition, if you carry underinsured/uninsured motorist coverage, your insurance will also pay for your damages. This information is for education and is not legal advice. 

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Jon Michael Smith Attorney

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Austin, TX 78731

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