If the insurance adjuster for the at-fault driver tells you that the policy limits are too low to cover your serious injuries, your own insurance company may hold the key to your financial recovery. Your Texas Uninsured/Underinsured Motorist (UM/UIM) coverage may come into play, but accessing these benefits presents its own complex challenges.
An experienced Texas car accident attorney can help you assert your rights and manage your claim.
Call us at (210) 941-1306 for a free consultation or contact us below. No cost to you unless we win.
Key Takeaways for Texas UM/UIM Coverage
- Your own insurance policy can provide a crucial source of financial support when an at-fault driver has no insurance or not enough.
- Texas auto policies generally include UM/UIM coverage unless you reject it in writing.
- Filing a UM/UIM claim involves notifying your own insurance carrier, but their interests may conflict with yours.
- You may be able to claim benefits for medical bills, lost wages, and pain and suffering through your policy.
- Deadlines can apply to these claims, and a misstep can jeopardize your ability to recover compensation.
How UM/UIM Coverage Protects You and Your Family
Your UM/UIM policy offers broad protection to you and sometimes even the family members who live with you. It may also cover you as a passenger in someone else's car or as a pedestrian if a negligent uninsured driver hits you.
The purpose of this coverage is to help place you in the financial position you would have been in if the at-fault driver had carried adequate insurance.
The Scope of UM/UIM Benefits
You can use your benefits to address a wide range of accident-related losses. Understanding what your policy covers is a critical first step. An attorney can review your policy documents and explain the full extent of your available benefits.
The following are common types of compensation available through a UIM claim:
- Medical Expenses: This includes payment for everything from the initial emergency room visit to ongoing physical therapy and future medical needs.
- Lost Earning Capacity: If your injuries prevent you from returning to work or diminish your ability to earn a living, this can cover the wages you've lost and those you may lose in the future.
- Pain and Suffering: The policy can provide compensation for the physical pain and emotional distress resulting from the collision and your injuries.
- Property Damage: Some policies include a separate provision for property damage, which helps pay for repairs to your vehicle.
Activating Your Uninsured Motorist Coverage in Texas
When an uninsured driver hits you, instead of dealing primarily with the other driver's insurance, you’ll now work with your own carrier. Promptly notify your insurance company about the accident and your intent to file a UM/UIM claim.
This process can feel counterintuitive. You pay premiums to this company for protection, yet when you file a claim, you may encounter resistance. However, your own insurance company has a financial interest in minimizing the amount it pays out.
The Claim Process After an Accident
Your insurance company will conduct its own investigation into the accident. The adjuster will review the police report, your medical records, and other evidence. They’ll want proof that the other driver was at fault and that your injuries and expenses are a direct result of the crash.
You must continue to meet all the requirements of your policy, which includes cooperating with the investigation and providing the requested documentation. Navigating this process alone can be challenging, especially as you focus on your physical recovery.
Holding Your Insurance Company Accountable
After your insurance company pays your UIM claim, it may use a process called subrogation to seek reimbursement from the at-fault driver. This action happens behind the scenes and generally doesn’t affect your recovery. Your focus remains on securing the full benefits available under your own policy.
However, problems can arise if your own insurance company unfairly challenges your claim. An adjuster might unreasonably delay the process, present a low settlement offer, or deny your claim without a valid reason.
In these situations, you have legal remedies to hold the insurer accountable for its obligations. An insurance policy is a binding contract. If your insurer fails to honor the terms of the policy, you can take legal action for breach of contract to recover the benefits you are due.
Furthermore, Texas law requires insurers to treat policyholders in good faith. An insurance company that acts unfairly may be committing bad faith, which can give rise to a separate claim for additional damages.
An experienced attorney can identify these bad faith tactics and build a case to protect your rights.
Personal Injury Protection and Your UM/UIM Claim
Beyond Texas Uninsured Motorist coverage, your own insurance policy may include another important benefit called Personal Injury Protection, or PIP. This is no-fault coverage, which means you can access it for immediate expenses regardless of who caused the collision.
Your PIP benefits provide prompt payment for medical bills and a percentage of your lost wages, up to your policy limit. Since it’s no-fault, you don’t have to wait for a fault determination to conclude. You can submit your hospital bills and pay stubs to your own insurer for reimbursement.
How PIP and UM/UIM Work Together
Think of PIP as the first line of defense. It offers immediate financial relief to keep bills from piling up in the weeks right after an accident. Your PIP coverage is typically used first to handle these initial costs.
Your Uninsured/Underinsured Motorist coverage then steps in to address the losses that exceed your PIP limit. This is especially important for more serious injuries where medical costs and lost income are substantial.
Furthermore, UM/UIM may be used to recover non-economic damages, like pain and suffering, which PIP doesn’t cover. A coordinated claim strategy uses both benefits to maximize your recovery.
4 Key Actions That Protect Your UM/UIM Claim
While your case is in its early stages, the steps you take can significantly influence your ability to make a full recovery. You can actively protect the value of your UM/UIM claim by staying organized and being mindful of the process. Taking these actions helps build a strong foundation for your claim.
Here are important steps you can take from home:
- Document Everything: Keep a detailed journal of your physical symptoms, medical appointments, and the ways your injuries affect your daily life. Also maintain a file with all accident-related receipts, from prescriptions to parking fees for doctor visits.
- Adhere to Medical Advice: Attend every scheduled doctor’s appointment and follow through with all recommended treatments, such as physical therapy. A consistent medical history creates a clear record that connects your injuries directly to the accident.
- Preserve All Evidence: Maintain copies of the police report and any photos or videos you took of the accident scene, your vehicle, and your injuries. Don’t have your vehicle repaired until your legal team has had a chance to inspect it and document the damage.
- Limit Communications: Avoid giving a recorded statement to any insurance adjuster, even from your own company, without first consulting an attorney. These conversations can create opportunities for your words to be used against you later to devalue your claim.
How a Lawyer Helps With Your Texas Uninsured Motorist Claim
Bringing an uninsured motorist claim attorney into the process early can significantly affect the outcome. An experienced lawyer can handle the complexities of your claim while you concentrate on healing.
They become your advocate, working to protect your interests against the insurance company.
A lawyer helps in many ways, including these:
- Policy Analysis: Your attorney will meticulously review the terms of your own insurance policy to identify all available coverages and potential limitations.
- Evidence Collection: They’ll gather all necessary documentation, such as medical records, proof of lost wages, and expert opinions, to build a comprehensive claim package.
- Claim Management: Your lawyer handles all communication with the insurance adjuster, presenting your case in the most favorable light and protecting you from intrusive or leading questions.
- Valuing of Damages: They work with medical and financial experts to accurately calculate the full value of your claim, including future expenses, to seek an appropriate settlement amount.
Preserving Your Rights
Insurance companies are large, powerful corporations with teams of lawyers who understand the system far better than the average person. This is one reason many people choose to hire a lawyer after a car accident, as a personal injury lawyer works to counter that advantage.
Your attorney ensures all deadlines are met and advises you on how to handle requests from the insurer.
This guidance can prevent you from making a statement or signing a document that could harm your claim.
Fighting a Wrongful Denial
If the insurance company denies your valid UM/UIM claim, your lawyer can challenge that decision. They can appeal the denial within the company or file a lawsuit to pursue your benefits in court.
Working with a lawyer from the beginning signals to the insurer that you’re serious about recovering fair compensation and often motivates them to offer a more reasonable settlement.
FAQ for Texas UM/UIM Coverage
What Should I Do After Being Hit by an Uninsured Driver?
Seek medical attention right away, even if you don’t feel seriously injured; some injuries aren’t immediately apparent. You also need to report the accident to the police (if they didn’t respond to the scene) to create an official record and notify your own insurance company as soon as possible.
How Is Fault Determined in a Texas Uninsured Motorist Claim?
To use your UM/UIM benefits, you generally must prove the other driver was legally at fault for the accident. The investigation uses evidence such as the police report, witness statements, and traffic camera footage.
Your lawyer can conduct a separate investigation to gather evidence from the accident that establishes the other driver's negligence.
Does Texas Uninsured Motorist Coverage Pay for Property Damage?
It can cover your property damage, but you must have Uninsured Motorist Property Damage (UMPD) coverage in your policy. This part of your policy would have its own deductible, but it helps pay to repair or replace your vehicle if an uninsured or hit-and-run driver causes the damage.
How Long Do I Have To File An Uninsured Motorist Claim in Texas?
Your insurance policy is a contract that has its own, often short, deadlines for reporting an accident and making a claim. A quickly to preserve your right to recovery, as missing a policy deadline can prevent you from receiving benefits.
Can I Still Use My UM Coverage if the At-Fault Driver Fled the Scene?
Yes, Uninsured Motorist coverage often applies in hit-and-run situations. Policies often require you to report the accident to the police within a very short timeframe, sometimes as little as 24 hours.
Your policy may also require evidence of physical contact between the hit-and-run vehicle and your car or your person.
Take Control of Your UM/UIM Claim
Your own insurance policy should provide a path to financial stability after a crash with an uninsured driver, and a Texas car accident lawyer at Cowen | Rodriguez | Peacock can protect your rights and pursue the full compensation available to you.
Contact us today for free and learn how we can help your UM/UIM claim.