If you are hit by a driver who has no insurance or minimal coverage, then you might assume that you have no options because the at-fault driver can’t pay. But there might be options to explore so that you can protect your financial situation after the accident.
The most important thing that you should do is reach out to an experienced lawyer to help with an uninsured motorist claim in Texas. You need a local expert who can advocate on your behalf, especially since there is still a possibility that you might be able to receive a settlement.
Every situation is unique, and our legal team is here to offer a free consultation to help you determine if you should move forward with the claim. Here are a few things that you need to know about an uninsured or underinsured motorist claim in Texas:
Understanding Uninsured and Underinsured Motorist Coverage in Texas
Both uninsured and underinsured motorist coverage is optional, but many car insurance companies will include this coverage unless you waive the coverage. This type of insurance is designed to fill in the gap when a driver at fault is not able to fully cover the losses relating to an accident.
Since the at-fault driver doesn’t have enough coverage, if you file an underinsured or uninsured motorist claim in Texas, it means that you are making the claim through your own insurance company.
Uninsured Motorist Coverage: When the Other Driver Has Nothing
An uninsured motorist claim happens when the driver at fault has no insurance coverage. This situation can also apply if the person left the scene or you are unable to identify the driver at fault.
This type of coverage can pay for your medical bills, lost income, and sometimes property damage. If there is enough coverage, you might also be able to receive money for pain and suffering, depending on the circumstances.
This approach is often the most common strategy when an uninsured driver accident in Texas occurs.
Underinsured Motorist Coverage: When Insurance Falls Short
An underinsured motorist claim in Texas happens when the driver at fault has insurance coverage, but it’s not sufficient to cover all of the associated costs. For example, if the insurance limits are too low and the claim amount exceeds the available funds, then you might consider talking to an attorney about an underinsured claim.
This approach offers secondary coverage and applies after the primary insurance policy has already been paid. When the funds are used up from the at-fault driver’s policy, then you can tap into your own underinsured motorist coverage.
When You Are Eligible to File a UM or UIM Claim
If you think that you have an uninsured motorist (UM) or an underinsured motorist (UIM) claim, then it’s time to consult with an attorney to determine if you have a claim worth pursuing. While you can work with your insurance company directly, it’s better to work with a knowledgeable attorney who can help you navigate the situation to ensure that you receive a fair settlement.
Several things need to happen to show that you are eligible for a UM or UIM settlement. For example, you need to have evidence that proves the other driver caused the crash, and they didn’t have enough coverage to pay for the damages. This process takes some work because the documentation needs to show that your damages are higher than the at-fault driver’s liability insurance.
Also, keep in mind that all applicable rules and timing requirements still apply. For example, you need to file the claim within the window of time that is available and notify the insurance company according to the guidelines that are set in the policy.
What to Do Immediately After an Accident with an Uninsured Driver
If you are wondering how to file an uninsured motorist claim, then remember that everything you do after the accident matters. To start, it’s important that the police are called so that an accident report can be filed.
Always seek medical care as soon as possible. Even if you think that the injuries are minor, you still need to have everything documented with a doctor. Sometimes, accident injuries get worse with time, which is why full documentation is critical.
Be very careful about what you say at the accident scene and when you are communicating with any insurance company. All insurance representatives are looking for ways to decrease the amount of money that needs to be paid, so they will be trying to shift the fault to you. It’s best to consult with a lawyer before talking to an insurance adjuster (either your own insurance provider or the at-fault driver’s insurance company).
How to File an Uninsured Motorist Claim the Right Way
Here are the steps you should follow to ensure that your claim is being filed the right way:
- Notify your insurance company immediately. Your lawyer can help with the communication to ensure that you handle this notification in the right way.
- Document everything relating to the accident, including medical treatments, symptoms, injuries, missed work, and how your life is being affected by the limitations from the accident.
- Always consult with your lawyer and let the legal team handle the communication with the insurance providers.
Not only will these steps help you avoid delays with the settlement, but they also improve the likelihood that you will receive a fair settlement for your claim.
Common Problems That Delay or Undermine UM Claims
One of the reasons why you need a lawyer to help with your underinsured or uninsured motorist claim in Texas is to avoid common issues that could reduce your settlement. For example, the insurance company will try to shift the fault to you. If there is a dispute over fault, then you need to gather the right evidence to prove that the other driver was at fault.
Another strategy that insurance companies use is to try to say that the injuries were pre-existing. Or, the insurance company might offer a low-ball settlement offer in the beginning to try to close the case as quickly as possible. This undervalues the long-term impact of the injuries.
FAQ
How long do I have to file an uninsured motorist claim in Texas?
While you need to notify the insurance company immediately, most of the time, the legal deadlines follow the statutes of limitations for Texas injury laws.
Can I still recover compensation if the other driver has no insurance?
Yes, if you have uninsured or underinsured motorist coverage, you might be able to receive compensation through your own policy.
Why Legal Support Matters in Uninsured Motorist Cases
One of the best decisions you will make is hiring an experienced legal team to help with your uninsured motorist claim in Texas. Insurance companies are often aggressive with their negotiations, which is why you need legal representation.
For more information, contact us at Green Law Firm to schedule your free consultation: (956) 542-7000.
