Uninsured Motorist Coverage in Texas: What Happens After a Crash?

If you were struck by an uninsured motorist, you may still be able to recover compensation for your losses through uninsured motorist coverage. However, just because this insurance is available does not mean you won’t encounter resistance from your insurer.

Exploring uninsured motorist coverage may be critical to covering your expenses after being in an accident. An attorney can help you take steps to ensure your insurance company treats you fairly. That’s where Pat Maloney: Accident & Injury Attorney is ready to assist you.

What is uninsured motorist coverage in Texas?

Texas requires drivers to prove they can pay for any accidents they cause. This obligation is usually met by carrying liability insurance. When drivers don’t have insurance, a victim can be left without payment for various expenses related to the accident. Drivers may carry uninsured motorist coverage to account for this problem.

Uninsured motorist, or UM, coverage doesn’t protect the uninsured driver. Rather, it protects victims of an uninsured driver who are injured in a crash. In Texas, uninsured motorist coverage typically pays for such losses as:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

UM coverage is usually available in cases involving hit-and-run accidents as well, since this is effectively the same as being in an accident with an uninsured driver.

UM is optional coverage, but your insurance company must offer it to you. It is strongly recommended that you do not decline this coverage. Assuming you didn’t do so, it is likely you have UM coverage through your automobile insurance policy.

How to file an uninsured motorist claim

If you were in an uninsured driver accident in Texas, you need to act quickly to preserve your right to UM coverage. To file a UM claim, take these steps:

Call 911 and report the accident

First, call 911 and report the accident to the police. The responding officer will generate a police accident report, which is a vital piece of evidence for your claim. You should also ask for emergency assistance if you are injured.

See a doctor and follow their advice

Even if you don’t think you were injured, you should let a doctor examine you. Insurance companies closely monitor what accident victims do after a crash. If you delay seeking medical attention or don’t follow what your doctor advises, this could work against you.

Tell the police anything you remember about the accident

Having no insurance in a car accident in Texas is illegal, and many drivers flee. So when you speak with the police, let them know any details you can recall about the driver who struck you. This includes the make and model of the driver’s vehicle, distinguishing features on it (e.g., a missing bumper), and the driver’s identity.

Document the accident

You still need to prove fault, so document the accident. Take pictures and record videos of the crash scene, and do the same for your injuries. Get the names and contact information of any witnesses who observed the crash. Take personal notes about the wreck as well.

Review your insurance policy and file

Your automobile insurance policy will explain your UM coverage. It will also spell out the requirements for submitting a claim. It is important that you follow these requirements as you move forward in filing your claim.

Respond to any requests from your insurer

After you file, an insurance adjuster will investigate the claim and likely request some of the evidence mentioned above. Be sure you follow these requests in a timely fashion. Document all correspondence with your insurance company.

Why you should contact a Texas car accident attorney

Filing an uninsured motorist claim may seem straightforward. And in many cases, your insurance will cooperate with you and fairly compensate you for your losses. Nonetheless, there are still important reasons you should contact a Texas car accident lawyer. They include:

• You still need to prove fault and damages: Your insurer will require you to prove fault and damages, even if the at-fault driver has no coverage. A lawyer can assist you with this step, so contact one as soon as possible after being in an accident with an uninsured driver.
• The insurance company may dispute your claim: Never assume the insurer is on your side. Your insurer may dispute your claim, undervalue your damages, or accuse you of fault. If you encounter problems with your claim, an attorney can help you.
• Your insurer may ask for a recorded statement: Be very cautious of this. Remember, the insurance company is a business, and it will likely look for reasons to deny your claim. Recorded statements may later be used to challenge parts of your claim.
• Your insurer may act in bad faith: Bad faith can include unfair or improper insurance practices used to delay, undervalue, or deny valid claims. They include refusal to communicate and requesting excessive documentation from the victim. However, note that Texas UM/UIM bad-faith claims can be procedurally complicated.
• Calculating a value for your losses is complicated: UM claims may include coverage for future medical care, lost earning capacity (future income), and pain and suffering. Your insurance may dispute the value of these losses. Regardless, their calculation is complicated.
• There may be procedural complexities: Insurers insist that their policyholders follow all procedural requirements as spelled out in their policy. If you neglect to abide by these rules, the insurer may try to deny your claim.

How our Texas personal injury attorney can help you

Ultimately, having legal representation is the best way to protect your rights after being in a crash with an uninsured driver. Our Texas personal injury attorney is ready to work with you through your UM claim. When you hire us, we get to work by:

• Investigating how the accident happened
• Obtaining evidence of the uninsured driver’s fault
• Determining a fair value for your past and future damages
• Handling your uninsured motorist claim
• Representing you in all communications with your insurer
• Negotiating a fair claim payout from your insurer
• Taking legal action against your insurer if necessary
• Exploring other coverage options you may have

It’s important to stress that your insurance company may not have your best interests at heart. Even though you have UM coverage, the insurer may be working against you. We can handle each aspect of your claim to work for fair compensation for your losses.

That’s the level of comprehensive legal service you can expect from Pat Maloney: Accident & Injury Attorney. If you or a loved one were involved in an accident with an uninsured driver, take action early to preserve your legal rights. Contact us today to get started with your claim.