Getting into a car accident is stressful enough, but the situation becomes even more challenging when the at-fault driver is uninsured or underinsured. Unfortunately, these cases are not uncommon, especially in areas with a high rate of uninsured motorists, like Texas. If you’ve been injured in such an accident, understanding your legal options is critical to recovering the compensation you deserve.
The Problem with Uninsured and Underinsured Drivers
In the U.S., many states, including Texas, require drivers to carry minimum liability insurance. However, many drivers don’t have insurance or carry policies with coverage limits that fall short of covering accident-related costs. This leaves victims facing considerable financial and medical burdens.
What Is Uninsured and Underinsured Motorist Coverage?
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are types of insurance that protect you if the at-fault driver cannot fully cover your damages. While this coverage is not mandatory in Texas, it is highly recommended as it acts as a financial safety net for unexpected situations.
Underinsured Motorist Claims: Bridging the Gap
Underinsured motorist (UIM) claims arise when the at-fault driver has insurance, but their policy limits are insufficient to cover your losses. For example, if your damages total $75,000 and the other driver’s liability coverage is capped at $30,000, your UIM coverage could potentially cover the remaining $45,000. This coverage is vital in severe accidents involving hospitalization, ongoing therapy, or extensive property damage.
Key Steps to Take After an Accident
Report the Accident: Inform law enforcement and obtain an accident report. This will serve as essential evidence for your case.
Gather Evidence: Document the scene, take photos, collect witness statements, and gather any information about the other driver.
Contact Your Insurance Company: Notify your insurance provider about the accident and confirm whether your policy includes UM or UIM coverage.
Seek Legal Advice: Personal injury attorneys can assess your case, negotiate with insurance companies, and file claims or lawsuits as necessary.
How Attorneys Maximize Your Compensation
- Evaluating Policy Coverage
Attorneys will carefully review both your insurance policy and that of the at-fault driver to identify available coverage. This includes UM/UIM coverage and any other policies that may apply, such as umbrella insurance. - Filing Timely Claims
Insurance companies often impose strict deadlines for filing UM/UIM claims. Missing these deadlines can result in a denial, leaving you without compensation. - Proving Liability and Damages
An attorney can gather evidence, such as police reports, medical records, and eyewitness testimony, to establish the at-fault driver’s liability and the extent of your damages. - Negotiating with Insurers
Insurance companies may attempt to minimize payouts or argue that your UM/UIM claim is invalid. A skilled attorney knows how to counter these tactics to secure the full amount you’re entitled to. - Litigating If Necessary
If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court to fight for your deserved compensation.
Damages You Can Claim
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Long-term rehabilitation costs
Why Timely Action Matters
Texas law imposes a two-year statute of limitations for personal injury claims, including those involving UM/UIM coverage. Delays in filing could jeopardize your ability to recover compensation.
Conclusion
Claims involving uninsured or underinsured drivers are complex, but they don’t have to leave you financially devastated. By working with a skilled personal injury attorney and leveraging your UM/UIM coverage, you can secure the compensation you need to move forward.
At PMR Law, we specialize in helping accident victims navigate these challenging situations. If an uninsured or underinsured driver has injured you, contact us today for a free consultation to discuss your options.
Contact PMR Law
If you’ve been injured in an accident, don’t hesitate to seek legal representation to hold the at-fault parties accountable and pursue the compensation you deserve. By taking action and asserting your rights, you can secure the financial resources needed to recover from your injuries and move forward with your life.
Remember, you’re not alone in this process. Our experienced legal team is here to guide you through every step of the journey, advocating fiercely on your behalf and fighting for the justice and compensation you deserve.
Get in touch with us so we can evaluate your case for free. Call PMR Law at 832-626-3879 and a member of our team will get in touch with you immediately.
PMR Law is considered one of the Best Law Firms in America, by Rue Ratings. Several of our attorneys have been given the honor of being named Super Lawyers by Thomson Reuters. The American Institute of Personal Injury Attorneys has named our attorneys 10 Best in Client Satisfaction. Speaking of personal injury, Attorney and Practice Magazine awarded our attorneys with Top 10 Personal Injury Attorney distinctions. The National Trial Lawyers have named three of our attorneys as Top 100 attorneys. The Academy of Attorneys has named two of our attorneys as Top 40 Under 40. Our attorneys have been recognized as Best Attorneys of America, by Rue Ratings. PMR Law is a proud member of the Multi-Million Dollar Advocate Forum. Houstonia Magazine has named two of our attorneys as Top Lawyers in Personal Injury. Forbes Advisor has recognized PMR Law attorneys in their Best Truck Accident Lawyers of Houston. Texas Lawyer magazine has named PMR Law as the #1 Personal Injury Law Firm in Houston.