In many car accident cases, victims can seek compensation for their injuries from the other driver’s insurance company. But what happens when the driver either doesn’t have car insurance or their policy isn’t enough to cover the losses you have suffered?
If you have been involved in a car crash with an uninsured or underinsured driver in Dallas, The Wilhite Law Firm can help you pursue full and fair compensation for your medical bills, lost income, and other losses. We know how important this case is to you and how crucial it is to get reasonable compensation for your injuries. That’s why we’re committed to making the claims process as straightforward and painless as possible for you. Contact us today for a free initial consultation.
What Is Uninsured Motorist Coverage?
Texas law requires drivers to be able to prove that they can pay for the accidents they cause. Most drivers fulfill this requirement by carrying auto liability insurance. The minimum amounts of liability coverage drivers must carry are:
- $30,000 per person for injuries
- $60,000 for any single accident for injuries
- $25,000 for property damage
This is commonly referred to as 30/60/25 coverage. Drivers can opt for additional coverage if they choose, although many do not to keep their premiums low.
Uninsured motorist coverage is an optional benefit for Texas drivers. It covers situations in which someone is involved in a crash with a driver who does not have their own car insurance. The other driver may have unintentionally let their existing coverage lapse, or they might have chosen to go without insurance to save some money.
Unfortunately, if you are involved in an accident with an uninsured driver, you can’t file a claim against their insurance company for any losses you suffer. Uninsured motorist coverage can help in these situations, but only if you have it as part of your existing auto insurance policy at the time of the crash. If you have uninsured motorist coverage, you can file a claim with your own insurance company to recover the money you need after the crash.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage works similarly to uninsured motorist coverage. However, while uninsured motorist coverage applies to situations where the driver who hit you has no insurance at all, underinsured motorist coverage is meant for situations where a driver has some insurance, but it’s below the state-mandated minimums or is not enough to cover the losses you have suffered.
As with uninsured motorist coverage, you can file a claim with your own insurance company to claim your underinsured motorist benefits if you are involved in a crash with a driver who has minimal coverage of their own.
Is Uninsured/Underinsured Motorist Coverage Required in Texas?
According to the Texas Department of Insurance, all auto insurers in the state must offer uninsured and underinsured motorist coverage to their policyholders. However, drivers are not required to carry underinsured or uninsured motorist coverage. So many drivers opt-out of this benefit. If you wish to forego underinsured or uninsured motorist coverage in Texas, you must let your insurance company know in writing.
Does Uninsured Motorist Coverage Apply to Hit-and-Run Accidents in Texas?
A hit-and-run collision is one of the most common types of accidents. It occurs when a driver flees the scene after striking another vehicle, pedestrian, motorcyclist, or bicyclist. If the police can’t track down the driver who hit you after a hit-and-run accident, there’s no way to file a claim against their insurance company and get the money you need.
However, you may be able to get some help after a hit-and-run by filing a claim with your own insurance company through your uninsured motorist coverage. Even if the driver who hit you had insurance, it won’t matter if you can’t track the driver down. You are essentially left in the same position as you would have been left if the driver was uninsured. That is the situation that uninsured motorist coverage was designed to help you with.
How UM/UIM Coverage Can Help After a Crash
Even though you are not required to hold uninsured or underinsured motorist coverage, it’s generally a good idea to have it. You never know when you might be involved in an accident. Carrying uninsured and underinsured motorist coverage keeps you prepared for any situation.
If you are involved in a hit-and-run, if the other driver doesn’t have insurance, or if they don’t have enough insurance to cover the losses you have suffered, you know you will be prepared.
What Compensation Can You Recover in a UM/UIM Claim?
The specifics of what an uninsured or underinsured motorist policy covers will vary from plan to plan and across different insurance companies. Broadly speaking, however, the various types of losses that uninsured or underinsured motorist insurance can cover after a collision in Texas include:
- Present and future costs of your medical expenses to help you cover emergency medical care, doctor appointments, hospital stays, prescription medications, and rehabilitation appointments
- Lost income resulting from time you miss from work as you recover from your injuries
- Lost earning potential if you are unable to return to work or your previous profession due to long-term injuries or disabilities
- The cost of repairing or replacing your vehicle or any other property damage from the accident
- Incidental costs stemming from the accident, such as household expenses or transportation needed to attend medical appointments
Unlike some other types of auto insurance, uninsured or underinsured motorist coverage does not always cover non-economic losses after an accident such as your pain and suffering, mental anguish, or loss in quality of life. While many policies do cover non-economic losses related to a crash, it varies from plan to plan.
An experienced Dallas uninsured motorist attorney at The Wilhite Law Firm can review your insurance policy after a crash and explain all options available to you. Contact our personal injury lawyer today.
What to Do If You’ve Been Hurt in an Uninsured Auto Accident in Texas
There are steps you need to take after an uninsured motorist accident to protect your claim for compensation. At The Wilhite Law Firm, our car accident attorneys encourage you to:
- Get as much information on the driver and the vehicle that hit you as you can, quickly – Drivers who are uninsured frequently try to leave the scene of an accident because they know they can get in trouble for not carrying car insurance. If the driver is acting suspicious or tries to flee the scene, try to get a picture of their vehicle and its license plate number. That way, you can report what happened to the police, and they can try to catch the uninsured driver. If the driver remains at the scene, be sure to get their name, address, license plate number, and other contact information.
- Don’t leave the scene until you’ve reported the accident and the police arrive – If the uninsured driver stays, they can give their information to the police as part of the accident investigation. If the other driver leaves the scene, you should stay at the scene until you are able to report the accident to the police. If you leave, there may be no way to prove the accident happened. In either case, you will want to get a copy of the police accident report to help bolster your claim.
- Get your injuries checked out – If you aren’t brought to a hospital after reporting the accident, see a doctor right away. Your doctor can treat and document the injuries you’ve suffered.
- Stay off social media – Don’t say anything on any social media platform after an accident. Even if you say something completely unrelated to the crash, it could potentially be taken out of context and used as evidence against you.
- Don’t talk to any insurance companies – They’ll be looking for reasons to deny your claim or avoid paying full compensation for your injuries. So it is best to let your lawyer communicate with any insurance companies, including your own.
- Work with a trusted car accident lawyer – A lawyer will know your best course of action after a crash and can get started on filing your claim while you’re recovering from your ordeal.
How a Dallas Uninsured Motorist Accident Attorney Can Help
The Dallas uninsured motorist accident attorneys at The Wilhite Law Firm are ready to help you after a serious crash. We can review your insurance policy with you to see if you have uninsured or underinsured motorist coverage that might apply to your situation, and we can gather the necessary evidence to establish liability and document your injuries. We can also help you with filing a claim with your insurance company or a personal injury lawsuit against the uninsured driver.
Throughout the process, we will keep you updated at every step and provide candid, straightforward legal advice. Don’t wait to talk to an experienced Dallas uninsured motorist accident lawyer. Contact The Wilhite Law Firm today for a free initial consultation.
Colorado & Texas
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