Uninsured/Underinsured Car Accidents in Fort Worth

Texas drivers are required by law to carry auto insurance. In the event of an accident, the requirement is meant to ensure that victims can receive the compensation they need to pay for medical bills, property damage, and other losses. Unfortunately, many drivers do not follow the law. If one of these uninsured drivers causes an accident, victims will need to find other avenues to secure compensation. Reach out to our vehicle accident attorneys after uninsured/underinsured car accidents in Fort Worth.

Hire an Uninsured Motorists Lawyer

If you were injured in an auto accident involving an uninsured or underinsured driver, the attorneys at the Wilhite Law Firm are ready to fight for you. We will investigate the accident, evaluate available avenues to secure compensation, and aggressively pursue them on your behalf. Contact us today for a free consultation with a Fort Worth uninsured motorist accident lawyer.

What Is Uninsured/Underinsured Motorist Coverage?

As the name suggests, Underinsured Motorist (UIM) coverage protects you when hurt in an accident in Fort Worth with a driver who does not carry enough insurance to compensate you for your injuries and losses. Of course, if an at-fault driver has no insurance coverage at all, you cannot file an insurance claim against them, even if you are seeking partial compensation. In this event, you can file a claim with your own insurance provider under your Uninsured Motorist (UM) policy.

Personal Injury Protection (PIP) coverage serves a similar purpose. The difference is that, unlike UM/UIM coverage, PIP is no-fault insurance. In the event of an accident, this means that your PIP will cover your losses regardless of who is at fault for the accident.

Are Texas Drivers Required to Carry Insurance?

Texas law requires every driver to carry auto insurance. This is meant to ensure that funds are available to compensate people injured by at-fault drivers on the road. At a minimum, Texas drivers must have at least:

• $30,000 in bodily injury coverage for each person injured
• $60,000 in bodily injury coverage if two or more people are hurt in a crash
• $25,000 in property damage coverage

Additionally, insurance companies are legally required to offer UM, UIM, and PIP coverage to customers purchasing a new policy. They usually are offered together. If a customer declines, they must do so in writing. Though insurance companies are not required to offer these forms of coverage when the policy is renewed, customers may request them at any time. An uninsured accident lawyer in Fort Worth can help.

Should I Have UM/UIM Coverage as Part of My Auto Insurance?

Though all drivers are legally required to carry auto insurance, not all do. Therefore, though both are optional, it is always a good idea to consider purchasing UM/UIM coverage. If you are injured in an accident with a non-compliant driver, the extra coverage will provide funds to cover medical bills and other expenses.

Similarly, consider cases involving hit-and-run drivers. Though it is a crime to flee the scene of an auto accident, it is not unheard of. If the at-fault driver cannot be identified later, you will have no way to file an insurance claim against them or even check whether they were insured at all. Insurance companies simply treat these cases as though the at-fault driver was uninsured.

At the end of the day, accidents happen. No matter the scenario, purchasing additional auto insurance on the front end creates a valuable safety net on the back end. The extra protection can provide much-needed peace of mind as you heal from injuries sustained in your accident. If you have questions, contact our Fort Worth uninsured motorist accident lawyer today.

What Should I Do If I Am Hit by an Uninsured Motorist?

Auto accidents range from minor to catastrophic. Depending on the severity, they can also be extremely disorienting. If possible, consider taking the following steps after an accident in Fort Worth with an uninsured or underinsured driver:

• File a Report – Report the accident to the police and wait for emergency medical personnel to arrive.
• Gather Contact Information – Collect information from other involved drivers, including their names, addresses, phone numbers, driver’s license numbers, license plate numbers, and vehicle registration numbers.
• Document the Accident – Document the crash with photos and videos. Be sure to document damage sustained by involved vehicles, injuries sustained by drivers and passengers, and any contributing factors to the accident (for example, inclement weather or evidence of intoxicated driving).
• Identify Witnesses – Identify witnesses and collect their contact information.
• Seek Medical Attention – Seek additional medical attention as needed. Save all your medical records and receipts related to the accident.
• Be Cautious with Insurance Companies – Do not give any statements to insurance companies before talking to a lawyer.
• Seek Legal Help – Consult with an attorney as soon as possible.

Can I File a Claim Against the At-Fault Uninsured Motorist Who Hit Me?

No, you cannot file an insurance claim against an uninsured driver because they have no insurer with whom to file the claim. In most cases, you are better off pursuing a UM/UIM claim through your own insurance company.

Alternatively, you can file a personal injury lawsuit against the other driver and attempt to secure compensation directly from their personal assets. However, depending on the case, the uninsured/underinsured driver will likely not have enough assets to compensate you fully. Our lawyers will assist you.

What Compensation Is Available Through an Uninsured/Underinsured Motorist Claim?

The answer to this question depends firstly on the coverage limits laid out in your policy. Other factors include the severity of your injuries and who was at fault for the accident. Depending on your case, UM/UIM coverage may compensate you for:

What Can I Do If My Insurer Denies My Uninsured Motorist Claim?

Insurance companies are legally prohibited from using unfair settlement practices. Therefore, if you believe your UM/UIM claim was wrongly denied, you should consult with a Fort Worth auto accident lawyer right away. Among other things, unfair settlement practices under Texas law include:

• Misrepresenting important facts or terms in the governing insurance policy
• Failing to negotiate in good faith when the insurer’s liability is clear
• Denying claims without conducting a reasonable investigation
• Failing to provide a reasonable explanation for the insurer’s denial of a claim or settlement offer

If you think your UM/UIM claim was wrongly denied, the injury attorneys at the Wilhite Law Firm are ready to negotiate on your behalf and defend your rights in court.

Why Are Uninsured Motorist Claims Challenging?

Uninsured motorist claims in Fort Worth often become complicated because the at-fault driver does not carry the liability insurance needed to pay for the accident they caused. In many cases, that means the injured person must rely on their own insurance policy to cover the cost of the crash.  

Dealing with your insurance company in these situations can also be a headache. Although this coverage exists to protect you, the insurance company handling the claim is still focused on limiting what you are paid.

Insurance companies frequently question how the accident happened or argue whether the uninsured driver was truly responsible. The adjusters that work for these companies may also argue that your medical treatment was unnecessary or unrelated to the crash.

Because the insurer is effectively stepping into the shoes of the at-fault driver, the claim can become as contested as a lawsuit against the driver themselves. These disputes often make uninsured motorist claims harder to resolve without strong evidence and careful legal strategy.

How an Uninsured Motorist Attorney Can Help

Our Fort Worth attorneys have experience when it comes to dealing with uninsured drivers. Some of the ways they can help include the following:

Investigating the Accident

Our attorneys start by determining exactly how the crash occurred and who was responsible. That process may include reviewing the police report, speaking with witnesses, examining photographs from the scene, and analyzing vehicle damage. In some cases, a lawyer may also work with accident reconstruction experts to show how the collision happened and why the uninsured driver caused it.

Gathering Medical Evidence

Insurance companies often question whether injuries are serious or related to the crash. Your lawyer will collect medical records, doctor opinions, and treatment documentation that clearly connect your injuries to the accident. This evidence is a key part of proving your claim of negligence.

Dealing With The Insurance Company

Even though you are dealing with your own uninsured motorist coverage, the insurance company still looks for ways to reduce what it pays. Adjusters may request recorded statements or attempt to settle the claim quickly before the full extent of your injuries is known. An attorney can handle these communications and protect you from tactics designed to weaken your case.

Identifying Your Damages

An attorney from our firm can’t guarantee that you will recover a certain amount of money in your case, but they can help you understand the types of compensation that may be available. You could recover an award based on your financial, emotional, and physical losses.

Filing a Lawsuit

If the insurance company refuses to make a reasonable offer to settle, your attorney can file a lawsuit and prepare the case for trial. Our firm prepares every case as if a trial were guaranteed, and this level of preparation improves the chances of getting a fair offer.

The Deadline to Sue an Uninsured Driver

Texas law limits how long you have to file a lawsuit after a car accident. In most injury cases, you have two years from the date of the crash to file suit against the at-fault driver. If you wait longer than that, the court will usually dismiss the case, which means you lose the ability to recover compensation through the legal system.

This deadline also affects uninsured motorist claims in Fort Worth. Even though you may be dealing with your own insurance company, the claim still depends on proving the uninsured driver was legally responsible for the accident. Waiting too long can make it harder to gather evidence, locate witnesses, and build a strong case.

Contact a Fort Worth Uninsured Motorist Accident Lawyer Today

If you were injured in an uninsured/underinsured car accident in Fort Worth, the Wilhite Law Firm is here to help you secure the compensation you deserve. Call us today or visit our contact page for a free consultation with an uninsured motorist accident lawyer.