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How can you seek damages from an uninsured driver?

On Behalf of | Jan 27, 2025 | Uninsured/Underinsured Auto Insurance Claims | 0 comments

Texas requires all drivers to show proof that they can pay for accidents they might cause. Most drivers fulfill this requirement by buying auto liability insurance, which can cover medical bills, property damage and other expenses. 

However, the Texas Department of Motor Vehicles estimates that a staggering 20 percent of motorists remain uninsured. If they cause accidents, lack of insurance likely means they cannot pay for victims’ damages. 

If you suffered injuries because of an uninsured driver, recovering compensation can be challenging. Nevertheless, there are several options you can explore. 

Ways to seek compensation from an uninsured driver 

In most cases, a motorist without insurance will likely not have the assets or income to pay for damages out-of-pocket. However, not having the means to pay does not absolve them of all financial responsibility.  

You can sue the at-fault driver and obtain a judgment, which will give you the right to demand payment. If the driver has assets, the court may order them to pay for damages outright. Unfortunately, this is rarely the case since most uninsured drivers do not have substantial assets. 

Below are other options to seek compensation: 

  • Wage garnishment: If the defendant is employed, the court may order them to use a portion of their wages to pay the debt. 
  • Payment plans: The court might establish a payment plan based on the driver’s ability to pay, which could result in small, long-term payments. However, this will depend on the driver’s cooperation. 
  • Property liens: Another option is to put a lien on the driver’s property. This will prevent the property owner from selling or refinancing the property unless they pay the debt. However, keep in mind that liens do not guarantee immediate payment and can become legally complex. 
  • Employer liability: If the driver was working at the time of the accident, the employer may also be liable for damages.  

The success of any of these methods will vary depending on your specific situation. That said, it is highly advisable to work with an attorney specializing in uninsured motorist claims 

Legal counsel can help you determine if filing a lawsuit is practical or if exploring other avenues is more worthwhile, such as filing a claim with your own policy. 

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