The first thing you need to do is contact your insurance company and report the claim. Let them know that you had a car accident with an excluded driver and ask if you have uninsured motorist coverage on your insurance policy. In Texas, all auto liability policies must provide uninsured motorist coverage unless the policy holder expressly declines the coverage in writing. If your adjuster says that you do not have the coverage, then request a copy of the signed rejection form. Most of the time, your insurance company will be able to provide the rejection form. However, I did have one case where the insurance company could not produce the rejection form. Likewise, the insurance company had to provide my client with the uninsured motorist coverage for the car accident claim even though no premium was actually paid for this coverage.
You also need to find out if you have collision coverage on your policy. If you do, then your insurance company will cover the damages to your car, but you will have to pay your deductible.
If you did not have uninsured motorist or collision coverage, then you will have to pay for your expenses out of your pocket. You may then choose to file a lawsuit against the excluded driver. However, unless the driver is independently wealthy or otherwise willing to reimburse you for your losses, then you are most likely out of luck.
For more information regarding wrongful death and personal injury cases in the Dallas & Fort Worth area, contact Attorney Robert C. Slim, at (214) 321-8225, for a free consultation.