I sideswiped a truck doing an unexpected uturn, other driver caused the accident and is insured. My vehicle is insured but I am not. Who pays damages?

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I sideswiped a truck doing an unexpected uturn, other driver caused the accident and is insured. My vehicle is insured but I am not. Who pays damages?

The driver of the other truck was driving in front of me, he then pulled slighty to the right and did an unexpected Uturn in front of me. I slammed my brakes and veered to the left, but sideswiped his vehicle, kind of like a train hitting a car stuck on tracks. The DPS trooper stated the other driver caused the accident and cited him. The driver is insured, the truck I was driving is insured, though I am not. The other driver’s insurance refuses to pay, because I am not insured. Who is responsible for the damages of my vehicle, when clearly the other driver is found at fault?

Asked on June 12, 2009 under Insurance Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Texas lawyer, and I don't have all of the facts of your case.  So I can't give you a firm answer, for that you'll need to see an attorney in your area.  One place to find counsel is our website, http://attorneypages.com

I know that in several states, an uninsured driver cannot recover for pain and suffering, sometimes referred to as "non-economic" damages.  In most states, though, the at-fault driver and his or her insurance company have to pay for property damage, no matter what.


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