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March 31, 2020 by Greg Baumgartner
What if you are in a car accident with a driver without insurance? Or your automobile accident and have suffered very severe injuries, and the vehicle driver responsible for the accident has only a minimum insurance policy?
In Texas, you must be offered uninsured and underinsured motorist coverage insurance by your insurance company. Purchasing such coverage is recommended in Texas.
We recommend you buy Underinsured and UIM coverage because the odds of getting into a car accident in Houston with someone with no insurance or in a more severe crash with someone who only maintains a minimum policy are significant.
We are pleased to offer you a complimentary initial consultation with our experienced Houston car insurance lawyers at Baumgartner Law Firm. There is absolutely no charge for this consultation. Our commitment is to fight for you and ensure you receive the legal representation you deserve.
Additionally, as contingency fee attorneys, our services are provided without upfront fees or expenses. You only pay if we are successful in achieving a recovery for you. Your satisfaction is our priority, and we look forward to providing you with the assistance you need.
Uninsured motorist coverage is insurance you purchase as an option on your auto insurance policy. Uninsured motorist coverage protects you if you get in an accident with a driver without insurance or someone with insufficient coverage to pay you fair compensation for injuries.
Uninsured motorist coverage is not required in Texas, but your insurance company must offer you coverage. We suggest Houston drivers get UM coverage to protect their financial interests in the event of an injury accident.
The odds of getting into an accident in Houston, TX, are very high and the chances of getting hit by an uninsured driver are estimated to be about 15%. At Baumgartner Law Firm, we recommend everyone who can afford uninsured coverage get it.
Uninsured motorist coverage is an essential option to add to your auto insurance policy. It serves as a protective shield in case you find yourself in an unfortunate accident with a driver who lacks insurance or has insufficient coverage to compensate you for your injuries adequately.
In addition to uninsured motorist coverage, another valuable option is underinsured motorist (UIM) coverage. This comes into play when the at-fault driver’s liability coverage falls short of covering all your damages. UIM coverage works by stacking on top of the at-fault driver’s liability coverage, ensuring that you receive compensation up to your losses yet never surpassing the limits set by your UIM policy.
To gain a clearer understanding, it is important to consider two types of coverage worth considering in Texas: uninsured motorists (UM) and personal injury protection (PIP). UM coverage protects you when you are involved in an accident caused by an uninsured driver or someone whose insurance is insufficient to cover your expenses. Conversely, PIP provides coverage for medical expenses and lost wages, regardless of who is at fault.
Although Your article does not delve into the specific coverage details as extensively as Their article, it highlights the significance of uninsured and underinsured motorist coverage. These options offer crucial protection against accidents involving uninsured or underinsured drivers, ensuring you are not burdened with exorbitant expenses.
If you are in an auto accident in Houston with someone who does not have car insurance or who has insufficient insurance to cover your costs, it is crucial to take immediate action to protect your rights and seek compensation for your expenses. The first step is to contact your insurance company and make a claim on your policy, provided you have collision or underinsured motorist coverage. Insurers such as State Farm, Geico, Allstate, and others are generally helpful to their insureds in such situations, and they can guide you through the claims process.
Having uninsured motorist coverage can be a significant advantage in this scenario, as it allows your insurance company to step in and fulfill the obligations of the uninsured driver. This means that the damages you have incurred will be covered by your policy, subject to the terms and limitations outlined in your agreement.
While your insurance company may have the option to pursue the uninsured driver to recover the paid-out amount, it is not always guaranteed. Therefore, it is essential to thoroughly review your insurance policy to determine what coverage may be available to you.
To ensure that your rights are protected and that you receive the compensation you deserve, it is highly recommended that you consult with a reputable auto accident attorney in Houston as soon as possible. An experienced lawyer can assess the specifics of your case, advise you on the best course of action, and guide you through the legal process.
Remember, time is of the essence in these situations, so it is crucial to act swiftly. Avoid providing written or recorded statements to insurance companies before consulting with an attorney. By taking these steps and seeking the help of a skilled Houston car accident lawyer, you can have peace of mind knowing that every effort will be made to seek compensation from all available sources and cover your expenses effectively.
Stacking is when multiple insurance policies cover someone and seek to add the policies together to recover the maximum sum.
In State Farm Mut. Ins. Co. v. Conn, 842 S.W.2d 350 (. App. 1992), the court held that passengers could not stack UIM benefits of the vehicle in which they were passengers and also claim liability coverage from that driver. The innocent passengers could not make both underinsured claims and liability claims under the same policy.
However, the stacking of underinsured coverage is permitted when there are multiple layers of UIM coverage.
Under the standard Texas personal auto policy, an insurer may receive a credit for the PIP benefits paid under the UM coverage. However, recent case law has clarified the limits to credit by the insurance company for the PIP they have paid.
If your damages exceed the combined PIP and UM policy limits, a PIP offset cannot be taken. If your damages exceed the uninsured motorist coverage plus PIP coverage, the insurer may not offset them. This means deducting the PIP they paid from your UIM settlement.
The dilemma for the insured is that many Texas insurance companies will dispute the damages and claim offset unless your medical expenses exceed all insurance. In most personal injury cases, pain and suffering, disability, and disfigurement are almost always more significant than the medical bills themselves, which were incurred to treat the injuries.
What are the two elements needed for an underinsured or uninsured motorist claim?
Case law under Brainard v. Trinity Universal Insurance Co., 216 S.W.3d 809 (Tex. 2006) places the burden on the personal injury victim to prove in court their damages before the UM or UIM carrier has to pay. This new case law requirement has allowed insurance companies to play hardball with their own insured by forcing their insured to file expensive lawsuits to get the benefits of coverage they paid for.
Before Brainard, holding insurance companies accountable for bad faith efforts with their own insured was much more straightforward. However, like a toddler who can never be punished, in Texas, allowing insurance companies to abuse their policyholders without legal consequences has led to an increase in lawsuits that should not have been necessary.
Regardless of why the insurance policies cost so much in the state of Texas, buying uninsured motorist coverage is essential when living in the state of Texas.
Estimates place as many as 1/4 of all drivers in Texas as having no current insurance coverage for their vehicle. Collecting outside a liability policy from a negligent driver’s pocket is difficult and often fruitless.
Uninsured motorist coverage is an essential option to add to your auto insurance policy. It serves as a protective shield in case you find yourself in an unfortunate accident with a driver who lacks insurance or has insufficient coverage to compensate you for your injuries adequately.
In addition to uninsured motorist coverage, another valuable option is underinsured motorist (UIM) coverage. This comes into play when the at-fault driver’s liability coverage falls short of covering all your damages. UIM coverage works by stacking on top of the at-fault driver’s liability coverage, ensuring that you receive compensation up to your losses yet never surpassing the limits set by your UIM policy.
To gain a clearer understanding, it is important to consider two types of coverage worth considering in Texas: uninsured motorists (UM) and personal injury protection (PIP). UM coverage protects you when you are involved in an accident caused by an uninsured driver or someone whose insurance is insufficient to cover your expenses. Conversely, PIP provides coverage for medical expenses and lost wages, regardless of who is at fault.
If you are hit by an uninsured driver who caused the accident, the first step is to contact your own insurance company and make a claim on your policy as long as you have either collision coverage or underinsured motorist coverage. State Farm, Geico, Allstate, and the rest are generally helpful to their insureds after a crash.
Your insurance company will request evidence supporting your claim for UIM benefits. Get and supply as much of the requested information as possible.
Uninsured motorist coverage puts your own insurance company in the place of the uninsured motorist’s insurer in that they will pay what the uninsured motorist is legally obligated to pay.
In essence, this means that whatever legal damages you have incurred will be covered by your own policy (subject to the terms and limitations of your policy).
Your insurer will be free to pursue the uninsured driver to get back the money they paid out, should they so desire. However, many times, the insurer does not pursue an uninsured driver.
Recent case law has made it more difficult for families to prosecute uninsured motorist claims in Texas and hold their insurance company reasonably accountable for bad faith or abusive claim-handling practices.
In essence, in some instances, the family in Texas is required to go to trial and get a jury or judge’s verdict to perfect their right to uninsured motorist benefits, and your insurer is fighting in court to deny you compensation.
The first step to take when you are injured in an accident with an uninsured driver is to check the insurance policy for your vehicle to see if you have coverage that may help.
The next step will be to speak to the best personal injury attorney in Houston you can find about your case and how to move it forward.
We recommend you speak with a reputable auto accident attorney in Houston as soon as possible before giving any written or recorded statement to any insurance company.
If you do not have full coverage on your auto policy after being in an accident with an uninsured driver, justice may be difficult to find. There are limited options available. Here they are:
At Baumgartner Law Firm, we handle personal injury lawsuits and claims, which include Uninsured Motorist Claims and Underinsured Motorist cases.
Uninsured/underinsured motorist coverage does not provide automatic coverage if you are in an accident without contacting another vehicle. While UM coverage is beneficial, it is important to understand that every policy has specific coverage defenses. In some cases, unnamed or under-aged persons may be excluded from coverage.
If a vehicle causes your accident but has no physical contact, your uninsured motorist coverage may not apply. Reviewing your policy thoroughly to determine the specific limitations and exclusions that may affect your coverage in such circumstances is essential.
Yes, it is generally necessary to obtain the permission of your underinsured motorist (UIM) insurance company before settling with the driver who caused the accident. This requirement is outlined in most underinsured motorist policies. Failing to seek their permission could delay or void your ability to receive underinsured motorist benefits.
The purpose behind this requirement is that the UIM insurance provider retains the right to pursue the party responsible for the accident to recover any money they have paid out to you.
If you settle with the at-fault driver and release them from liability, you waive your UIM insurance provider’s right to take legal action against that person. Therefore, seeking permission from your UIM insurance company before settling with the driver is essential to preserve your underinsured motorist benefits.
You need to submit a written letter to them to obtain your UIM insurance carrier’s permission to settle. Start by stating that you were involved in an automobile collision on a specific date. Inform them of your expectation that the liability insurance carrier will offer their insurance policy limits and clarify that you intend to file a UIM claim.
In the letter, politely request that your UIM insurance carrier investigates the matter and provide you with written authorization to settle for the insured’s policy limits. Mention that this request should not prejudice your right to file a UIM claim later on.
You may be required to provide further documentation to your insurance company, such as a declaration page or proof of coverage from the liability insurance carrier. Requesting this information from the liability insurance carrier and promptly submitting it to your UIM insurance carrier upon receipt is important.
Unfortunately, given the difficulties in claiming with their own insurance company for benefits they paid for, hiring a car accident lawyer is almost always required.
If you have questions about an auto policy, a Texas car accident, or a personal injury claim in Harris County, Texas, call our award-winning attorneys at Baumgartner Law Firm for a no-obligation consultation at 281-587-1111.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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