An accident with an uninsured driver creates significant financial strain. You pay premiums for protection, yet your own insurance company may complicate your recovery. Learning how to manage Uninsured Motorist (UM) claims in Texas is the first step toward securing compensation.
The claims process requires you to show that the other driver was at fault and that you have damages, all while dealing with your own insurer. A personal injury lawyer can help you file a claim and protect your rights and interests.
Key Takeaways for UM Claims in Texas
- Your UM policy covers your damages when the at-fault driver has no insurance.
- Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to cover all your losses.
- Texas law requires insurance companies to offer you UM/UIM coverage, but you have the option to reject it in writing.
- These claims can cover medical bills, lost wages, and pain and suffering.
- Your own insurance company may not automatically approve your claim; you must prove your case just as you would to the other driver's insurer.
Understanding Texas Uninsured Motorist Coverage
Many drivers believe that if an uninsured motorist hits them, their own insurance company will automatically cover their expenses without issue. The reality of making a claim can be quite different. Your insurer's objective is to minimize payouts, even to its own policyholders.
Texas UM coverage provides a safety net when you sustain injuries in a crash caused by a driver with no liability insurance. A related policy, Underinsured Motorist (UIM) coverage, helps when the at-fault driver has insurance, but their policy limits are too low to pay for all of your damages.
Together, these are often referred to as UM/UIM coverage. When you file one of these claims, you’re not asking your insurer for a favor. You’re accessing a benefit that you have paid for through your premiums.
This process involves proving that the other driver was at fault, demonstrating the extent of your injuries and other losses, and demanding fair payment from your own insurance carrier.
What Does UM/UIM Coverage Include in Texas?
Your UM/UIM policy acts as a substitute for the at-fault driver's missing or inadequate liability coverage. It helps you pay for the same types of losses you could have sought from the other driver.
Successfully pursuing uninsured motorist claims in Texas can provide vital financial support after a serious accident.
Common damages available include:
- Medical Expenses: This covers costs for emergency room visits, hospital stays, surgery, physical therapy, and future medical care related to the accident.
- Lost Earning Capacity: If your injuries prevent you from returning to your previous job or diminish your ability to earn an income, you can seek compensation for this loss.
- Lost Wages: This compensates you for the income you lost while recovering from your injuries and being unable to work.
- Pain and Suffering: This accounts for the physical pain and emotional distress you have experienced as a result of the accident and your injuries.
- Disfigurement: If the accident caused permanent scarring or other physical disfigurements, you may seek damages for this impact on your life.
The Role of Property Damage Coverage
Many drivers also carry Uninsured/Underinsured Motorist Property Damage (UMPD) coverage. This policy is separate from your UM/UIM bodily injury coverage. It specifically addresses the costs of repairing or replacing your vehicle after an accident with an uninsured driver.
If you have collision coverage, you can also use that to repair your vehicle. However, using your UMPD coverage often makes more sense. UMPD policies in Texas have a standard $250 deductible, which is typically much lower than the deductible on a collision policy.
6 Actions To Take After an Accident With an Uninsured Driver in Texas
After you’ve seen a doctor, the actions you take in the days and weeks following the crash can greatly influence the outcome of your uninsured motorist claims in Texas. Organize your information and prepare to advocate for your needs.
Act now to protect your UM claim:
- Review Your Insurance Policy: Get a copy of your auto insurance policy's declarations page. This document outlines the types and amounts of coverage you have, including your specific UM/UIM policy limits.
- Notify Your Insurance Company: Inform your insurer about the accident as soon as possible. Stick to the facts: where and when the crash occurred, and the fact that the other driver was uninsured. Avoid giving a recorded statement until you speak with a lawyer.
- Document Everything: Create a file for all accident-related documents. This includes the police report, medical records, receipts for any out-of-pocket expenses, and a record of the days you missed from work.
- Track Your Recovery: Keep a simple journal detailing your physical pain, limitations on your daily activities, and the emotional impact of the accident. This documentation provides powerful support for your claim for non-economic damages.
- Follow Medical Advice: Attend all your follow-up appointments with doctors and therapists. Following your prescribed treatment plan shows the insurance company the seriousness of your injuries.
- Consult an Attorney: A car accident attorney in Texas can manage all communication with your insurance company and build a case for full compensation.
Challenges in Filing a UM Claim in Texas
Pursuing compensation through your own insurance policy may present unexpected hurdles. Even though you are their customer, the insurance adjuster's goal is to protect the company's bottom line. This can create an adversarial relationship where your interests and your insurer's interests conflict.
You can face several challenges when filing a UM claim in Texas. An adjuster may argue that your injuries weren’t caused by the accident or that they are less severe than you claim.
They may also attempt to place a portion of the fault for the accident on you, which can reduce the value of your claim under Texas's proportionate responsibility laws.
How Insurance Adjusters Minimize Claims
Insurance adjusters use specific strategies to reduce or deny claims. Recognizing these tactics can help you protect your rights. Your focus is on recovery, while their focus is on closing the file for as little money as possible.
Common tactics include:
- Requesting a Recorded Statement: Adjusters often ask for a recorded statement early on, hoping to get you to say something that undermines your claim.
- Seeking a Broad Medical Authorization: They may ask you to sign a release that gives them access to your entire medical history, which they can use to argue your injuries were pre-existing.
- Making a Quick Settlement Offer: An early offer may seem tempting, but it’s almost always less than the full value of your claim and likely won’t account for future medical needs.
- Delaying the Process: Some adjusters use delay tactics, hoping that victims become frustrated and accept a lower settlement just to be done with the matter.
What if the At-Fault Driver Flees the Scene?
In a hit-and-run accident, the driver is unknown and, for insurance purposes, treated as an uninsured motorist. Your Texas UM coverage applies to these scenarios as well.
To successfully file a claim, you usually must demonstrate that there was physical contact between the hit-and-run driver's vehicle and you or your car. Witness testimony or physical evidence from the scene becomes very important in these cases.
Promptly reporting the hit-and-run to the police also strengthens your position when you file your claim.
Proving Fault in Your Texas UM/UIM Claim
Even when you’re making a claim against your own policy, you still bear the burden of proof. You must establish that the other driver caused the accident. This is a critical component of all UM claims in Texas; without clear proof of fault, your insurance company can deny the claim.
Your lawyer collects and analyzes evidence to build a case that establishes the other driver's negligence. This evidence creates a compelling narrative showing how the other party's actions directly led to your injuries and financial losses.
The Power of Strong Evidence
Compiling solid evidence is fundamental to holding the responsible party accountable and securing fair payment from your insurer. Each piece of evidence helps build a timeline and demonstrate liability.
Evidence that helps establish fault can include:
- The Police Report: This official document provides an initial account of the crash, often containing the officer's opinion on who was at fault.
- Witness Statements: Testimony from people who saw the accident can provide an unbiased perspective on what happened.
- Scene Photographs: Pictures of the vehicles' positions, damage, skid marks, and any relevant traffic signs help reconstruct the crash sequence.
- Video Footage: Surveillance video from nearby businesses or dashcam recordings can offer indisputable proof of another driver's negligence.
A strong case based on this evidence pressures your insurance carrier to treat your claim fairly. It reduces their ability to argue that you contributed to the accident or that their insured wasn’t entirely to blame. This preparation shows them you’re ready to fight for the full value of your claim.
How a Lawyer Helps With Uninsured Motorist Claims in Texas
Engaging a personal injury lawyer changes the dynamic between you and your insurance company. An attorney acts as your advocate, shielding you from adjuster tactics. This support allows you to focus on your medical recovery while a professional fights for your financial recovery.
An experienced lawyer adds value to your case in many ways. They handle all communications, investigate the crash independently, and calculate your total damages, including future needs.
A lawyer helps with your UM claims by:
- Investigating the Accident: Your attorney gathers all evidence, including police reports, witness statements, and video footage, to build a powerful case establishing the other driver's fault.
- Managing Communications: They take over all calls and correspondence with your insurance company, preventing adjusters from using tactics to weaken your claim.
- Accurately Valuing Your Claim: Lawyers work with medical and financial professionals to calculate the full extent of your past, present, and future damages to demand appropriate compensation.
- Negotiating a Fair Settlement: Your lawyer uses the evidence and their knowledge of Texas law to negotiate skillfully with the insurer for the maximum settlement possible.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit and take your case to court to secure the compensation you need.
FAQ for Uninsured Motorist Claims in Texas
How Does Uninsured Motorist Coverage Work in Texas?
Texas uninsured motorist coverage allows you to recover damages from your own insurance company after an accident caused by a driver who has no liability insurance or fled the scene.
You file a claim with your insurer, and they are supposed to pay for your medical bills, lost wages, and other losses, up to your policy limits. You must prove the other driver was at fault and document the full value of your damages.
Can I Sue an Uninsured Driver in Texas?
You can sue an uninsured driver in Texas and obtain a judgment against them. However, collecting that judgment is often very difficult. A person who doesn’t pay for car insurance is unlikely to have the personal assets to pay a large court award.
Pursuing a UM claim in Texas against your own policy is usually a more effective path to financial recovery.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy's liability limits are not high enough to cover the full cost of your damages.
Does My Texas Uninsured Motorist Coverage Pay for My Car Repairs?
Your standard Texas Uninsured Motorist Bodily Injury (UMBI) coverage doesn’t pay for vehicle repairs. It only covers losses related to your physical injuries, such as medical bills and lost wages.
To cover property damage, you must have separate Uninsured/Underinsured Motorist Property Damage (UMPD) coverage or use your own collision coverage. UMPD coverage in Texas has a set $250 deductible.
What Can I Do if My Uninsured Motorist Claim Is Denied?
If your insurance company denies your UM claim, you may still have options. An adjuster might deny a claim based on a dispute over who was at fault or the severity of your injuries.
An experienced attorney can review the denial letter, analyze the reason given, and develop a strategy to challenge the decision, which may involve providing additional evidence or filing a lawsuit against the insurer.
Get the Help You Need Today
Your energy is best spent on healing, not on battling an insurance company. Taking legal action is a tool you can use to rebuild your life and secure your financial future. By pursuing compensation, you acquire the resources needed for medical care, financial stability, and peace of mind.
Let the team at Cowen | Rodriguez | Peacock handle the complexities of your Texas UM/UIM claim. Call us 24/7 at (210) 941-1301 to discuss your case with a car accident attorney in Texas and learn how we can help you move forward.