What to Do After Discovering an Opposing Driver in Accident is Uninsured

In this video, attorney Brett Cain explains what to do after discovering an opposing driver in an accident is uninsured.


Host: Time for our first email question is from John in Mckinney. he says “I was in a wreck on i-30 and I 820 in Fort Worth and the guy who hit us told police that he had insurance but we later found out it had lapsed a month before what do we do now?” what Brett, what do they do?

Brett: that's a great question. Call your lawyer, number one. Number two part of our procedures is verifying the insurance. That occurs several different ways depending on the information that's given to us. So, you know, although law enforcement, those folks will show up at a collision or an accident. They’re going to make sure to determine whether or not an ambulance needs to be called or care flat or something worse, and once that's resolved they're going to be moving on to a different emergency. if they receive insurance information they're not going to hang around to verify whether or not it's valid. They do have methods to do so but that's not their primary function. As we get involved that's one of the first things we do, not only do we determine what information they tell us about but we find information regards to insurance that they may not be telling you about.

Host: And then do they have to turn around and file against their own insurance company?

Brett: Well oftentimes we pursue a third party claim against the liability carrier for the person who's liable for doing something wrong. Now here in Texas we also have several other coverages that you have access to. That may be included in what's called a PIP claim for personal injury protection that would be something that you've paid for, your insurance companies should provide coverage for that. Also, for folks who don't have insurance the individuals who may injure you, you can rely back on your underinsured claim or uninsured claim. So those are things to consider as you shop your own insurance policy.

Brett: I just love the way you just walk us through this so carefully and so clearly.