How To Recover Your Damages in Unusual Collision Cases

car crash -- upset guy

Every accident has a unique set of circumstances that requires a tailor-made strategy. During my 35 years in practice, I have seen many complex crashes involving uninsured, under insured, hit-and-run drivers and crazy ways wrecks can happen. My goal is to help my clients obtain the maximum possible recovery in all situations including the following.

Accident caused by uninsured driver

Some reports show that more than 20% of drivers in Texas do not carry the required liability insurance. Some drivers buy a month-to-month policy then stop making payments or exclude coverage on certain drivers, making the numbers hard to verify. But there are far too many people with no means to pay for the vehicle damage and personal injuries they cause.

After an accident with an uninsured driver, you may feel like you are left holding the bag. After all, a driver with no insurance likely also has not assets to collect on. But, you have options to recover your damages, including your medical bills and lost wages.


First, we look at your own insurance policies, such as personal injury policy (PIP) or uninsured/under insured motorists policy (UM/ UIM). We can pursue damages from a third party who may have contributed to your accident. In addition, we negotiate with your medical providers to your reduce doctors and hospital bills.

Underinsured motorists crash

What happens in serious injury cases with substantial medical bills, say to pay for a surgery? Texas law requires drivers to carry liability overage of $30,000 per injured person, $60,000 for all injured people, and $25,000 for property damage per accident. Most drivers carry just those amounts so that they comply with the legal requirements. However even a moderate impact crash can cause extensive medical treatments or expensive surgeries and rehabilitation that can easily exceed those limits. And many people in multiple vehicles may be fighting for those same insurance proceeds. 

An attorney is required to obtain the other driver’s insurance policy limits before he can file a claim against someone’s under insured motorists limits. Then he can pursue his client’s insurance company and possibly a third party to make up the difference. He can file suit and obtain a verdict that is often much higher than what the adjuster offered to pay.

Hit-and-run collision

Nothing is more frustrating than being hit by a careless driver — except watching as that motorist drives away. Fortunately, insurance companies typically treat hit-and-run accidents like uninsured motorists accidents and so your UM/ UIM, PIP, and other policies kick in. 

If the driver who ran into you flees the scene, try to get as much information as you can — the make, model and color of the car, license plate number and any defining characteristics. Call police and report the crash immediately. Your cooperation not only may lead to an arrest of the dead beat but is essential when filing your insurance claim. 

Accident with out-of-state driver

The fact that the at-fault driver lives in Oklahoma or California should not impact your case. Our firm handles insurance claims involving drivers from all over the United States. Technology makes dealing with out-of-state drivers and insurers easier than ever. If your case goes to trial, the driver can be compelled to appear in a local court.

Call Our Law Firm for Help with Auto and Truck Claims

Berenson Injury Law fights to recover the maximum possible damages in your injury claim. Call us today for a free case evaluation.

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