Texas Uninsured & Underinsured Motorist Accidents
Although it is required under Texas law for drivers to be insured, many are not; in 2022, 14% of motorists on Texas roads are not inured. And of those who are insured, in numerous cases, their coverage is not sufficient for the car accident that later happened.
Since you will never know in advance if the other person involved in your car crash has any or sufficient coverage, it is important to secure uninsured (UM) and underinsured (UIM) coverage.
Fortunately, this tends to be habitual since Texans need to put a refusal of those types of coverage in writing. Also, even if you did refuse this and then got into an accident with an uninsured or underinsured driver, you may still be able to receive money in other ways; a car accident attorney can help determine if this is possible.
What are uninsured and underinsured motorist accidents?
Although uninsured motorist accidents is a term that seems self-explanatory, there are additional notes to consider. An important one is that if you are the victim of a hit-and-run accident with the identity of the other party remaining unclear, that is usually viewed the same as if you were hit by an uninsured driver.
Conversely, underinsured motorist accidents is a phrase that is not as simple to understand beyond the basic definition of it applying if the other person’s insurance coverage is not sufficient for covering the damage that occurred.
Texas law states that those in the Lone Star State must have coverage that can award up to $30,000 for “bodily injury to or death of one person,” $60,000 for “bodily injury to or death of two or more persons” and $25,000 for “damage to or destruction of property of others.” In many cases, those figures are insufficient. In other situations, even this coverage has not been obtained by the other driver.
What to do after an accident with an uninsured or underinsured person
Of course, the first thing that you should do following any auto accident is ensure that you take care of your and any others’ medical needs. Note that prompt medical treatment will increase the likelihood that you will receive fair compensation for your injuries.
Otherwise, report what happened to the police. If you were the victim of a hit-and-run accident, they may be able to help you identify that driver; note and provide as many details about them and their vehicle as possible. Regardless, request a copy of the police report afterwards.
Reach out to your insurance provider, noting in particular that the other party was not insured or appears to be underinsured for what happened. Of course, if you did get uninsured and underinsured motorist coverage, that will play a significant role as far as receiving damages go.
Speak with a car accident lawyer. This car crash attorney can ensure that you do not miss any steps in this oftentimes complicated process and that you are only providing information to insurance companies that will help you be fairly compensated for what happened, both by your insurance company as well as the other driver’s if there is one.
A car collision lawyer will also help ensure that you do not accidentally do something against your best interests, such as settling with the at-fault driver’s insurance company without previously communicating that intent with your own; if you do that, your insurance company may restrict you from receiving any payments from it.
Also keep the statute of limitations in mind. If this has elapsed, you case will likely be dismissed by a judge before it is even heard. A car crash lawyer can help with determining this exact timeline; even though it is four years in most cases, there are exceptions, one or more of which may apply to you.
Throughout this entire process, keep detailed records of everything relevant, from the accident site to medical treatment that you received to what it cost to get your car repaired and otherwise. A car collision attorney can help determine what is important to record, but it is always best to err on the side of caution and record something if you are unsure if it may prove to be helpful.
UM/UIM coverage details
Types of coverage
UM/UIM coverage is broken down into two primary types.
Bodily injury coverage covers expenses connected with any bodily injuries that you and others suffered. Those costs can be related to permanent and temporary disability, disfigurement, pain and relevant medical bills as well as wages that were lost as a result of those physical impairments.
Keep in mind that the future is also taken into account, both as that relates to any future medical treatment that will be necessary and any negative impact on your earning capacity in the coming weeks, months and years.
Also, suffering – i.e. mental anguish – may be considered. If it is not and should be, a car accident lawyer can help that be the case.
Coverage for property damage is the second one. It covers expenses related to your damaged car and any other property damage, such as to your GPS or other items inside your car or relevant property damage that occurred outside of it. Paying for a rental car in this situation might also be covered.
Note that in most cases, there is no deductible for expenses related to bodily injury, but there is usually a deductible of around $250 for property damage that occurred.
Personal Injury Protection (PIP) and Medpay insurance can help cover expenses related to this accident if they had been taken out beforehand. In many situations, these funds are delivered in a much more timely manner than would otherwise be the case, which can be invaluable during the oftentimes chaotic aftermath of an accident.
Who does UM/UIM coverage apply to?
Of course, UM/UIM coverage will usually apply to the policyholder. In typical circumstances, it will also apply to any passengers who were in the policyholder’s vehicle at the time of the accident and family members who live in the policyholder’s household.
If you are unsure who is covered under your specific plan, request that information from your insurance company. If necessary, a car crash lawyer can assist.
Special types of circumstances that are covered by UM/UIM coverage
There are some circumstances that are usually covered by UM/UIM coverage that are important to note.
If road rage was the cause of the accident, note that this situation is normally covered by UM/UIM policies. That is significant since many regular policies do not cover this scenario.
In addition, if the at-fault driver was driving that vehicle without the permission of the owner, a circumstance that often invalidates insurance coverage, keep in mind that that situation would also usually be covered by UM/UIM insurance.
Types of circumstances not covered by UM/UIM coverage
There are a few types of circumstances that are not covered by UM/UIM coverage that are important to consider.
If you are the victim of a hit-and-run accident, UM coverage will usually not apply for anything that is unrelated to actual contact. For example, if you were driving on a two-lane road and a vehicle coming towards you entered your lane, causing you to swerve and hit a tree, before disappearing, that will normally not be covered by this type of insurance.
Also note that if you are using your vehicle for business purposes, which includes in connection with Uber, Lyft or Grubhub, your personal insurance may not cover you. However, those types of companies will usually offer their own UM/UIM coverage that you can purchase.
Differences between first- and third-party claims
When you are dealing with your own insurance company, you are required to abide by relevant rules that were put forth and should generally cooperate with its investigation. That said, a car crash attorney can help you determine exactly what you should be doing in reference to this organization.
Conversely, third-party claims are claims not related to your own insurance company. If you are filing a claim with the at-fault driver’s insurance company, that would be a third-party claim. In this case, you are not required to cooperate with it. However, again, a car collision attorney can help you learn just what you should be doing in your interactions with that company to best help your case.
Recorded statements and Examination Under Oath
In some cases, particularly those involving your own insurance company, you may be asked to provide a recorded statement or an Examination Under Oath (EUO). Although both situations should be treated seriously, the latter is a more significant undertaking. Regardless, you may want to have a car collision lawyer with you when you speak with the company in either scenario.
Potential paths to take if you do not have UM/UIM coverage
If you were in an accident with an uninsured or underinsured driver and had not taken out UM/UIM coverage, there are still some options that a car accident attorney can assist with as far as helping you get compensated for your suffering.
One is that you could sue the other driver directly. This has increased potential if that individual has the personal funds available to potentially pay you in just compensation for your expenses that occurred as a result of the accident that they were at fault for.
Another is suing a third party. For example, if a mechanic did not install the other driver’s brake pads correctly and those caused the accident, that person could be sued. Or if the driver’s steering wheel is defective and that resulted in this car crash, its manufacturer could be sued.
Consulting the services of a car collision lawyer
A car accident with an uninsured or underinsured driver can result in a difficult situation that has many moving parts, possibly including numerous insurance companies and other third parties.
An attorney who specializes in car accidents can help untangle all of that and use their knowledge of the intricacies of insurance law to ensure that you receive just reimbursement for what you have experienced and will continue to endure in the aftermath of the accident.
If you would like to receive a consultation in relation to your car crash, reach out to us today.