It’s one of the worst feelings after a car wreck in Houston. You’re hurt, your car is damaged, and the other driver tells you, “I don’t have any insurance.” Your heart sinks. How are you going to pay for your medical bills and repairs?
The good news is that there is a solution. If you have a Texas auto insurance policy, you likely have special protection for this exact situation. This post will explain what that protection is and why you still need a lawyer to help you use it.
1. Your Safety Net: Uninsured/Underinsured Motorist (UM/UIM) Coverage
Uninsured/Underinsured Motorist (UM/UIM) coverage is a part of your own car insurance policy. In Texas, insurance companies are required to offer it to you, and it is included unless you rejected it in writing.
Think of it this way: UM/UIM coverage acts like the insurance the other driver should have had. It steps into the shoes of the at-fault driver’s missing or inadequate insurance to pay for your damages. For any serious car accident, this is the most important protection you have against irresponsible drivers. This coverage is a key part of any Houston personal injury lawyer’s strategy for getting their clients full compensation.
This type of claim is a key part of our personal injury practice.
2. What’s the Difference Between “Uninsured” and “Underinsured”?
While they are often grouped together, these are two different situations.
Uninsured Motorist (UM) Coverage applies when:
- The at-fault driver has no liability insurance at all.
- You are the victim of a hit-and-run, and the driver cannot be found.
In these cases, your UM coverage pays for your medical bills, lost wages, and your pain and suffering, up to your policy limits.
Underinsured Motorist (UIM) Coverage applies when:
- The at-fault driver has insurance, but their policy limits are too low to cover all of your bills.
This is very common in serious accidents. For example, imagine your medical bills are $80,000, but the at-fault driver only has the Texas minimum of $30,000 in liability coverage. We would first get the full $30,000 from their insurance. Then, your UIM coverage could pay for the remaining $50,000 in damages, up to your policy limits. It fills the “gap” between what you need and what the other driver had.
Read the official definition of this important coverage.
3. The Big Twist: Your Own Insurance Company Can Become Your Opponent
This is the most important thing to understand about a UM/UIM claim. When you file this type of claim, your relationship with your own insurance company changes. They are no longer on your side.
In a normal situation, they are your protector. But in a UM/UIM claim, they step into the shoes of the at-fault driver’s insurance. This means their goal is the same as any other insurance company: to pay you as little as possible.
They will defend the case just as aggressively. They might:
- Argue that the accident was partly your fault.
- Dispute the severity of your injuries.
- Ask you to give a recorded statement so they can use your words against you.
- Offer you a quick, lowball settlement that doesn’t cover your future needs.
Just because you have been a loyal customer for years does not mean they will treat you fairly. You are now in a dispute with your own insurance company, and you need an experienced advocate to fight for you.
The fight over your injuries and bills is just as serious in a UM/UIM claim.
4. The Process: How to File a UM/UIM Claim
The process for a UM/UIM claim requires careful steps to protect your rights.
- Report the Accident: Always call the police and get a report, especially in a hit-and-run.
- Notify Your Insurance: Inform your insurance company about the accident and the fact that the other driver was uninsured or that it was a hit-and-run.
- Get Medical Treatment: Your health is the priority. Go to the doctor and follow all of their instructions.
Contact a Lawyer: Before you go any further, you should hire an experienced personal injury lawyer. We can handle all communication with your insurance company to make sure you don’t make any mistakes that could hurt your claim. you.
After any crash, knowing the right steps to take is crucial.
5. Common Questions About Uninsured Driver Accidents
Hear from other clients who trusted us to be their voice with the insurance company.
Don’t Face Your Insurance Company Alone
Being hit by an uninsured driver is a stressful and frightening experience. Fighting your own insurance company on top of that can feel overwhelming. You don’t have to do it alone.
Contact our law firm today for a free consultation. We can review your insurance policy, explain your rights, and take on the fight for you, so you can focus on your recovery.
