If you are hit by an uninsured or underinsured driver in Texas, there may be coverage available through your own auto insurance policy. A car accident attorney can help establish liability, calculate your losses, and handle any issues related to the insurance company denying or delaying payment of your claim.
Being involved in a serious wreck is never easy, but it is even harder to learn that the other driver did not have insurance or had insufficient coverage to fully pay your claim. In such a situation, UM/UIM coverage may prove essential. If you are seriously injured in a car accident and unsure how to proceed, talking to a car accident lawyer may help. A Texas personal injury lawyer can help you navigate UM/UIM claims, avoid mistakes, and ensure that your rights are protected. This guide explains everything you need to know about UM/UIM claims in Texas.
What Is UM/UIM Coverage in Texas?
UM coverage stands for uninsured motorist coverage. UIM coverage refers to underinsured motorist coverage. Both are parts of your auto insurance policy that may help cover your losses if the other driver has no insurance or lacks sufficient coverage to fully compensate you for your losses.
In plain terms:
- Uninsured motorist coverage may apply when the other driver has no liability insurance.
- Underinsured motorist coverage may apply when the at-fault driver has insurance, but the policy limits are too low for the damage they caused.
The problem is more common than you might expect. After a serious wreck, the total amount of your hospital bills may exceed what the other driver’s insurance policy would cover. A policy with low limits may not be able to pay for your medical treatment, lost wages, and other expenses incurred due to the collision.
A Texas car accident lawyer will be able to review your policy to see if uninsured or underinsured motorist coverage applies to your losses.
When UM/UIM Coverage May Apply After a Serious Crash
A UM/UIM claim may be available in several situations, including:
- When you are struck by a driver lacking insurance.
- When the other driver left the scene of the accident in a hit and run.
- When the at-fault driver had only minimum coverage and you suffered serious injuries.
- When multiple victims share a single low-limit policy.
- When you were injured as a passenger in a vehicle insured with UM/UIM coverage.
A car wreck lawyer can investigate how the crash happened, identify available insurance, and determine whether your own policy can help fill the gap.
Why These Claims Are More Complicated Than People Expect
A lot of drivers assume a UM/UIM claim should be simple because they are dealing with their own insurer. Unfortunately, that is not always how it works.
Your insurance company may still argue that:
- The other driver was not at fault.
- Your injuries were not caused by the collision.
- The amount of your claim is inflated.
- Your injuries are unrelated to the accident.
- The other driver did not lack sufficient coverage.
That is why many people talk with an auto accident attorney or auto accident lawyer before giving detailed statements or accepting an offer.
Understanding Texas’s Comparative Fault System
Texas follows a modified comparative fault rule. Under this rule, the fault for an accident can be divided among drivers. However, your compensation will be reduced based on your percentage of fault.
Here is the basic rule:
- Under Texas law, you may recover damages if you are 50% or less responsible for the accident.
- Your compensation will be reduced based on your percentage of fault.
- You will not be able to recover any money if you were more than 50 percent at fault.
This is important in UM/UIM cases because your own insurance company will likely attempt to blame you for part of the collision. If successful, this tactic may reduce your recovery.
An experienced car accident attorney will fight unfair blame and ensure that your claim remains intact.
Key Factors That Determine Fault in UM/UIM Cases
Even if the other driver had no insurance, you still need to prove liability. Proving liability is particularly critical in severe injury cases because the amount of compensation depends on how well you can prove your claim.
Important fault factors may include:
- Right of way
- Speeding
- Driver distraction
- Failing to yield
- Improper lane changes
- Conditions of rear-end collisions
- Road and weather conditions
- Violations of traffic signals or signs
A Dallas car accident lawyer, Fort Worth car accident lawyer, or Arlington car accident lawyer will review how the accident occurred and how to prove that the uninsured driver was liable for causing the collision.
Common Types of Evidence Used to Prove Fault
Proof of fault is critical in UM/UIM claims. The stronger your evidence, the harder it will be for your insurance company to contest either liability or damages.
Evidence That Often Matters Most
- Police report of the accident
- Photographs of your vehicle and the scene of the accident
- Witness statements and testimonies
- Video recordings from dash cams
- Surveillance video footage
- Medical records
- Cell phone records (in cases involving distracted driving)
- Vehicle data (when available)
A car wreck attorney may also work with experts when liability is disputed or the injuries are severe.
The Role of Police Reports in Car Accident Cases
Police reports are essential in uninsured driver crashes because they may contain information about the identity of the other driver, whether he or she provided insurance details, and findings regarding liability for the accident.
A crash report may include:
- Statements of the drivers and witnesses
- Conditions of the road
- Location of the impact
- Tickets issued to the parties
- Fault determination
A police report is not always conclusive. But it can still serve as a good starting point. A car accident lawyer Waco, car accident lawyer Amarillo, or car accident lawyer Tyler TX can effectively use a police report to support your claim.
How Witness Statements and Testimonies Can Impact Your Claim
Independent witnesses can help when the other driver denies fault or leaves the accident scene. Independent witnesses may verify:
- The uninsured driver ran a red light.
- The other driver was speeding
- The other driver was using a cell phone
- How the accident occurred
In a hit and run case, independent witnesses may help to prove that another vehicle was involved.
A Tyler car accident lawyer or car accident lawyer Tyler TX will try to collect all witness evidence as soon as possible to protect it.
What Role Do Traffic Laws and Accident Reconstruction Play?
Texas traffic laws regulate driver behavior. Violations of traffic laws can help establish negligence and prove that the at-fault driver acted negligently.
Examples include:
- Failing to yield the right of way
- Running a traffic sign
- Following too closely
- Improper lane changes
- Speeding
In more serious cases, accident reconstruction experts may be used to analyze skid marks, impact points, vehicle damage, and road design. This is particularly useful if your insurance company attempts to shift fault for the accident to you or argues that the impact was not severe enough to cause your injuries.
A car accident lawsuit or auto accident lawsuit may require this kind of detailed evidence if the insurance company refuses to act reasonably.
Step by Step: What to Do After a Crash With an Uninsured Driver
Evidence is everything in a truck accident case. It helps show not only how the crash happened, but also who should be held responsible.
1. Call 911
It is important to call 911 immediately because it will create a documented record of the incident.
2. Get Medical Care Right Away
Prompt medical treatment is important both for your health and for documenting your injuries. Early medical attention is crucial to protect both your health and your claim.
3. Gather Evidence
Take pictures of the scene, obtain witnesses’ contact information, and record as much information about the accident as you can.
4. Notify Your Insurance Company
Let your insurer know about the accident. But be careful with providing recorded statements until you speak to a lawyer.
5. Review Your Policy
Check if your policy contains uninsured and underinsured motorist coverage, medical payments coverage, and any required notice requirements.
6. Talk to a Lawyer
A car accident attorney can help review your policy and assist in handling the insurance company.
Mistakes to Avoid in a UM/UIM Claim
These claims can get complicated quickly. Avoid these common mistakes:
- Assume that your insurer will automatically treat you fairly.
- Delay seeking medical attention.
- Provide a recorded statement without consulting a lawyer.
- Accept a quick offer without evaluating the cost of your future treatment.
- Fail to collect photographs and documents.
- Wait too long to get legal assistance.
A Texas car accident lawyer will help you avoid these mistakes and move your case forward.
What Damages Can a UM/UIM Claim Cover?
Depending on the wording of your policy and the specific facts of the accident, a UM/UIM claim may allow you to seek compensation for:
- Hospital and ER bills
- Surgical procedures and follow-up treatments
- Physical therapy and rehabilitation
- Lost wages
- Future loss of earnings ability
- Pain and suffering
- Mental anguish
- Physical impairment
A car accident lawyer in Texas will work to calculate not only current losses, but long-term costs as well.
Common Legal Terms You May Hear
Here are a few terms that often come up in these cases:
- UM coverage: Uninsured motorist coverage
- UIM coverage: Underinsured motorist coverage
- Liability: Fault for causing the accident
- Comparative fault: Shared fault according to Texas law
- Damages: Compensation for your losses
- Policy limits: Maximum amount payable under a policy
Understanding these terms can make the process less intimidating.
Pros and Cons of Filing a UM/UIM Claim
Pros
- May help you pursue compensation when the at-fault driver cannot.
- Will help cover your substantial medical expenses and lost income.
- Can help protect your rights in the event of a hit and run.
Cons
- Your own insurance company may still deny your claim.
- The process will require a lot of paperwork.
- Severe injury cases may take time to accurately value.
This is one reason many people prefer to consult a car accident lawyer, auto accident lawyer, or car accident attorney before filing a claim.
FAQs
Can I file a UM/UIM claim if I was hit by a driver with no insurance in Texas?
Yes, if your policy contains uninsured motorist coverage, you may be able to file a claim with your own insurance company. A car accident lawyer will help you review your policy.
What if the other driver had insurance, but it is not enough to cover my injuries?
Yes, you may be able to file an underinsured motorist claim. A car accident lawyer or auto accident attorney will compare the policy limits with your losses.
Should I hire a lawyer for a UM/UIM claim with my own insurance company?
Yes, it is often a wise choice. A car accident lawyer Tyler, car accident lawyer Fort Worth, car accident lawyer Amarillo, or car accident lawyer Arlington will help if your insurer contests your liability, treatment, or the value of your claim.
Schedule a Free Consultation With a Texas Car Accident Lawyer
If you were hit by an uninsured or underinsured driver, you do not have to figure out how to file a UM/UIM claim yourself. A Texas car accident lawyer at The Cain Firm will help you review your policy and explore your options. Contact our firm to schedule your free initial consultation today.
This content is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship