Understanding Uninsured Motorist Coverage in Texas
If you’ve been hit by an uninsured driver in Texas, you’re facing a challenging situation that thousands of Texans encounter each year. According to the Insurance Information Institute, approximately 8.3% of Texas drivers are uninsured, leaving victims to navigate complex insurance claims without the responsible party’s coverage. The financial burden of medical bills, vehicle repairs, and lost wages shouldn’t fall on your shoulders when another driver’s negligence caused your injuries. At The Ammons Law Firm, we’ve successfully helped countless Texas drivers recover compensation after uninsured motorist accidents through their own insurance policies. Understanding your coverage options and rights under Texas law is essential to protecting your financial future after an accident with an uninsured driver.
Uninsured motorist coverage is an additional protection you can purchase with your auto insurance policy in Texas. While Texas law requires insurance companies to offer this coverage, drivers can opt out in writing. This coverage becomes vital when you’re injured by a driver with no insurance or insufficient coverage to pay for your damages. It’s important to note that Texas operates under a fault-based system for car accidents, meaning the at-fault driver’s insurance is typically responsible for covering damages. When that driver lacks insurance, your uninsured motorist coverage serves as your financial safety net.
When Can You Use Uninsured Motorist Coverage?
Understanding exactly when your uninsured motorist coverage applies can help you determine your next steps after an accident. Texas law provides specific scenarios where your uninsured motorist protection becomes available, giving you options when the at-fault party cannot cover your damages. The Texas Department of Insurance regulates these policies and requires insurers to follow specific guidelines when processing uninsured motorist claims.
You can use your uninsured motorist coverage may apply when: (always use modifiers)
- The at-fault driver has no insurance
- The at-fault driver has insurance but not enough to cover your damages (underinsured)
- You’re involved in a hit-and-run accident where the responsible driver cannot be identified
In hit-and-run situations, Texas law requires physical contact between vehicles for uninsured motorist coverage to apply in most cases. This requirement helps prevent fraudulent claims, but can create complications for legitimate accidents where contact was minimal. The police report serves as critical documentation that establishes the facts of your accident and helps substantiate your claim with your insurance company.
Understanding Policy Limits and Compensation in Texas
When filing an uninsured motorist claim, understanding your policy limits is crucial for managing expectations about potential compensation. Texas law establishes minimum coverage requirements, but your actual protection may differ based on your specific policy choices. The compensation you receive depends on several factors, including your coverage limits, the severity of your injuries, and your insurance company’s assessment of your claim.
Your policy limits determine how much your insurance will pay. In Texas, minimum UM coverage is the same as liability minimums:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $25,000 for property damage
Uninsured motorist bodily injury (UMBI) coverage compensates for medical expenses, lost wages, pain and suffering, and disability resulting from your accident. Uninsured motorist property damage (UMPD) coverage handles vehicle repairs and other property damage. Many drivers choose higher coverage limits for greater protection, as serious accidents can quickly exceed minimum requirements. Your specific coverage details appear on your policy declarations page, which you should review regularly to ensure adequate protection.
It’s worth noting that Texas allows for the “stacking” of policies in certain situations, potentially increasing your available coverage when multiple vehicles are insured under the same policy. However, policy language varies between insurers, and some may include anti-stacking provisions that limit this benefit. An experienced personal injury attorney can review your policy to identify all available sources of compensation after an uninsured motorist accident.
Filing and Maximizing Your Uninsured Motorist Claim
Successfully navigating the uninsured motorist claims process requires understanding both your legal rights and insurance company procedures. Texas law gives you important protections when dealing with your own insurance company, but these companies still prioritize their financial interests. Taking specific steps after your accident can strengthen your claim and improve your chances of receiving fair compensation for your injuries and damages.
To receive payment from your uninsured motorist coverage:
- Report the accident to the police immediately, especially for hit-and-runs
- Notify your insurance company about the accident as soon as possible
- Provide documentation proving the other driver was uninsured
- Submit medical bills, repair estimates, and other evidence of your damages
- Keep detailed records of all accident-related expenses
When filing your claim, remember that your insurance company may require substantial proof that the at-fault driver was truly uninsured.
Insurance companies might deny or undervalue uninsured motorist claims for various reasons. They may claim your injuries aren’t as severe as reported, argue that your medical treatment was unnecessary, dispute fault for the accident, or claim you waited too long to file. If your car accident attorneys can’t resolve these disputes through negotiation, filing a lawsuit against your insurance company may become necessary. This legal action, known as a first-party claim, allows you to fight for the fair compensation you deserve under your policy terms.
What To Do When Your Insurance Company Denies Your Claim
Despite paying premiums for uninsured motorist protection, many Texas drivers face resistance when actually filing claims. Insurance companies have financial incentives to minimize payouts, and they may use various tactics to reduce or deny your compensation. Understanding your rights and options when facing a claim denial can help you respond effectively and continue pursuing the compensation you deserve for your injuries and losses.
Texas law allows policyholders to sue their insurance companies for breach of contract when they fail to honor valid claims under their policies.
Insurance companies in Texas also have a duty of good faith and fair dealing toward their policyholders. If your insurer unreasonably denies your claim without proper investigation or explanation, they may be liable for additional damages beyond your policy limits. These bad faith claims can include compensation for attorney fees, court costs, and in some cases, punitive damages designed to discourage similar conduct in the future.
Contact The Ammons Law Firm Today for a Free Consultation
If you’ve been injured in an accident with an uninsured driver in Texas, The Ammons Law Firm can help you understand your rights and fight for fair compensation. Our experienced truck accident attorneys and car accident legal team know how to handle uninsured motorist claims and will work to maximize your policy payout.
Our attorneys have extensive experience challenging insurance company tactics and negotiating favorable settlements for uninsured motorist claims. We understand the technical aspects of insurance policies and can identify coverage opportunities you might overlook. If necessary, we’re prepared to take your case to court to secure the compensation you deserve.
Call us today for a free consultation to discuss your case and learn how we can help you recover the full compensation you deserve after an uninsured motorist accident in Texas.
The Ammons Law Firm represents clients nationwide in personal injury and wrongful death litigation.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Case outcomes vary based on individual circumstances. Consult an attorney for specific legal guidance. This content may be considered attorney advertising. No outcome is guaranteed. Laws vary by state. Consult an attorney licensed in your jurisdiction for legal advice.
