Houston Uninsured Motorist Lawyer
If you were hurt by a driver with no insurance or not enough insurance, your own policy may provide uninsured or underinsured motorist benefits. These claims can be frustrating because you may be dealing with your own insurance company, but the adjuster is still looking for ways to limit what the company pays. A Houston car accident lawyer can help you understand the coverage issues before you give a recorded statement or accept a quick settlement.
Baumgartner Law Firm helps injured people in Houston with serious car accident claims, including uninsured motorist and underinsured motorist claims. We review the crash facts, insurance policies, medical records, damages, and available coverage so you know what options may exist after the wreck.
If the other driver had no insurance, too little insurance, or fled the scene, speak with an experienced Houston car accident lawyer before giving detailed statements to an insurance company.
In Short: What Is an Uninsured Motorist Claim?
An uninsured motorist claim is a claim against your own auto insurance policy when the at-fault driver has no liability insurance, leaves the scene, or cannot be identified. An underinsured motorist claim may apply when the at-fault driver has insurance, but the available liability limits are not enough to cover your injuries and losses.
The Texas Department of Insurance auto insurance guide explains that uninsured and underinsured motorist coverage may pay when you are hit by someone who did not have insurance or did not have enough insurance to pay your medical and car repair bills. TDI also notes that UM/UIM coverage may apply in a hit-and-run accident.
Texas also requires drivers to carry minimum liability coverage. Under Texas Transportation Code Chapter 601, the minimum limits are commonly known as 30/60/25: $30,000 for bodily injury or death to one person, $60,000 for bodily injury or death to more than one person in one crash, and $25,000 for property damage. Those minimum limits are often not enough after a serious Houston crash.
Why UM/UIM Coverage Matters After a Houston Crash
Houston drivers see heavy traffic on I-45, I-10, I-69/US-59, Loop 610, Beltway 8, Highway 288, the Hardy Toll Road, Westheimer, FM 1960, and busy feeder roads. When a crash happens, the other driver may have no insurance, only minimum limits, a denied policy, or coverage that does not come close to paying for the harm caused.
That is why every serious Houston car accident claim should include an early insurance coverage review. A lawyer can look for liability coverage, UM/UIM coverage, personal injury protection, MedPay, employer coverage, rideshare coverage, commercial vehicle coverage, and other possible sources of recovery.
The goal is simple: identify every policy that may apply before evidence disappears, deadlines pass, or an insurance company pressures you into a low settlement.
Uninsured vs. Underinsured Motorist Claims
Uninsured motorist coverage may apply when the driver who caused the crash had no insurance, the driver fled the scene, or the driver cannot be identified.
Underinsured motorist coverage may apply when the at-fault driver had insurance, but the policy limits are too low to fully cover your damages. For example, a serious injury claim may be worth far more than the minimum Texas liability limits. In that situation, the at-fault driver’s insurance may pay first, and your own UIM coverage may help with the remaining covered losses up to your policy limits. For a deeper explanation, see our guide to underinsured motorist coverage in Texas.
These claims still require proof. You usually must prove the other driver was at fault, prove your injuries, prove your damages, and comply with your policy’s notice and cooperation requirements.
When Does UM Coverage Apply in Texas?
Uninsured motorist coverage may apply in several common situations, including:
- The at-fault driver had no auto liability insurance.
- The at-fault driver fled the scene and cannot be identified.
- The driver’s policy had lapsed or was denied by the insurer.
- The vehicle was stolen or the insurer denies coverage for another policy reason.
- The crash involved a driver who gave false or incomplete insurance information.
- The injury claim is serious, but the available coverage is disputed.
If you are dealing with one of these issues, review our article on what to do if hit by an uninsured driver in Texas and contact a lawyer before you make major claim decisions.
What Can UM/UIM Coverage Pay For?
UM/UIM coverage may help pay for losses caused by the crash, depending on your policy and the facts of the case. Covered damages may include:
- Emergency medical care and hospital bills
- Follow-up treatment, therapy, imaging, injections, or surgery
- Lost wages and loss of earning ability
- Pain, suffering, mental anguish, and physical impairment
- Property damage when covered by the policy
- Out-of-pocket expenses tied to the crash
The value of the claim depends on the injury, the proof, the policy language, the available limits, and whether the insurer accepts or disputes the damages.
What to Do After a Crash With an Uninsured or Underinsured Driver
- Call 911 and report the crash. A police report can be especially important when the other driver has no insurance or leaves the scene.
- Get medical care as soon as possible. Delays can hurt your health and give the insurance company an excuse to question your injuries.
- Take photos and video. Capture vehicle damage, license plates, road conditions, traffic signals, injuries, and the surrounding area.
- Get witness names and phone numbers. Witnesses can disappear quickly after a crash.
- Notify your own insurance company. Your policy may require prompt notice, but be careful with detailed recorded statements.
- Do not sign a release without legal advice. A release may affect your ability to seek UIM benefits.
- Read our guide on what to do after a Houston car accident for a broader checklist.
Mistakes That Can Hurt a UM/UIM Claim
- Assuming your own insurance company is automatically on your side.
- Giving a recorded statement before you understand the coverage issues.
- Accepting a quick settlement before you know the full injury value.
- Settling with the at-fault driver without protecting your UIM claim.
- Missing notice, proof-of-loss, or cooperation requirements in the policy.
- Failing to document medical treatment, wage loss, and pain symptoms.
- Waiting too long to preserve video, witness information, or vehicle evidence.
Insurance issues can become complicated quickly. If the adjuster delays, disputes coverage, or undervalues
Evidence That Helps Prove a UM/UIM Claim
A UM/UIM claim is not automatic. You still need evidence showing fault, injuries, damages, and coverage. Useful proof may include:
- Police crash report
- Photos and video from the scene
- Dashcam, nearby business video, or traffic camera evidence
- Witness statements
- Insurance denial letters or coverage information from the at-fault driver
- Your policy declarations page and UM/UIM endorsements
- Medical records, bills, and treatment plans
- Proof of lost income or reduced earning ability
- Expert opinions in serious injury cases
This evidence is often easier to collect early. Waiting can make a strong claim harder to prove.
Can I Sue My Own Insurance Company?
Sometimes, yes. A UM/UIM claim is made under your own policy, but your insurer may still dispute fault, medical causation, damages, or the amount owed. Depending on the facts, a lawsuit may be needed to establish what you are legally entitled to recover from the uninsured or underinsured driver.
This is one reason UM/UIM claims feel personal. You paid premiums for protection, but the company may still treat the claim like a business problem. Before filing suit or responding to a denial, have the policy and claim file reviewed.
Deadlines for UM/UIM Claims in Texas
Deadlines can be tricky in UM/UIM cases because the claim may involve both the underlying injury claim and your insurance policy. In Texas, Civil Practice and Remedies Code Section 16.003 generally gives two years for personal injury claims. Some contract-based claims may involve a four-year limitations period under Civil Practice and Remedies Code Section 16.004, but you should not assume you have four years to act.
The safe approach is to get legal advice quickly. Policy deadlines, notice requirements, settlement language, and lawsuit deadlines can affect your rights.
How Baumgartner Law Firm Helps With UM/UIM Claims
Baumgartner Law Firm has represented injured Texans since 1985. When we accept a serious UM/UIM claim, we focus on the facts, the insurance coverage, and the proof needed to make the insurer take the case seriously.
- Review the crash facts and available insurance policies
- Identify UM, UIM, PIP, MedPay, liability, rideshare, or commercial coverage
- Preserve evidence before it disappears
- Gather medical records, bills, wage proof, and expert support
- Communicate with the insurance companies
- Prepare the case for settlement or litigation when needed
If you were hurt in a serious crash in Houston, our Houston car accident lawyer can review your options during a free consultation. There is no fee unless we win.
Related Houston Car Accident Resources
- If the other driver fled the scene, read about hit-and-run accident claims.
- If the insurance company is delaying or undervaluing your claim, learn how a Houston car insurance lawyer can help.
- If you were hurt as a passenger, review your options for a passenger injury claim.
- If the crash involved intoxication, review our page on drunk driving accident claims.
- If you are still early in the process, read what to do after a Houston car accident.
- For more on UIM coverage, read about underinsured motorist coverage in Texas.
Need Help With an Uninsured or Underinsured Motorist Claim?
If you were hit by an uninsured driver, an underinsured driver, or a driver who fled the scene, call Baumgartner Law Firm at (281) 587-1111 for a free consultation. We can review the crash, your insurance policy, and the next steps. No fee unless we recover money for you.
Frequently Asked Questions About Houston Uninsured Motorist Claims
Do I have a UM claim if the other driver had no insurance?
You may have a UM claim if you purchased uninsured motorist coverage and the other driver caused the crash but had no liability insurance. Your policy terms and the crash facts will control.
Does UM coverage apply to a hit-and-run crash in Houston?
It may. UM coverage can apply in many hit-and-run situations, but you must report the crash, document what happened, and follow your policy requirements.
What is the difference between UM and UIM coverage?
UM coverage applies when the at-fault driver has no insurance. UIM coverage applies when the driver has insurance, but not enough to cover your damages.
Should I give a recorded statement to my own insurance company?
Be careful. Your own insurer may still look for ways to reduce or deny a UM/UIM claim. Speak with a lawyer before giving a detailed recorded statement.
Can a lawyer help with an uninsured motorist claim?
Yes. A lawyer can review coverage, prove fault, document damages, negotiate with the insurer, and file suit if needed.
What if I was a passenger in a car hit by an uninsured driver?
You may have claims against the at-fault driver, the driver of the vehicle you were riding in, or available UM/UIM coverage. Passenger claims often require a careful review of every available policy.
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