Visitor Question

Victim of Uninsured Motorist…

Submitted By: Norma (San Antonio,TX)

My daughter and her friend were the victim of an uninsured motorist when his vehicle passed a red light and hit them.

My daughter and her friend were in the car and both had minor injuries. The other vehicle had no insurance but my daughter’s friend had liability coverage. Would they be compensated for pain and suffering?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Norma,

Norma:

The answer is “Maybe”. Texas law does permit compensation for Pain and Suffering to those injured in a collision. This is true even when the at-fault-driver is uninsured and it becomes necessary to rely on the driver’s uninsured motorist insurance coverage.

The “Maybe” answer is because to recover for Pain and Suffering there usually has to exist more than the minor injuries you described. If the injuries consisted of, let’s say, broken bones, extended hospitalization, surgery or similarly serious medical intervention, then any insurance settlement should include compensation for Pain and Suffering for both women.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 12, 2017

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