This blog was posted by Shaw-Cowart Personal Injury Attorneys in Austin, representing clients for car accident injuries, truck / 18-wheeler accidents, motorcycle accident injuries, work-related accidents, wrongful death claims and much more in Austin and the surrounding areas

Uninsured Motorist Coverage in Texas

Uninsured motorist coverage provides essential protection when drivers without insurance cause accidents in Texas. Despite legal requirements to carry liability insurance, a significant percentage of Texas drivers operate without coverage. Uninsured motorist coverage on your own policy pays for your injuries and damages when these uninsured drivers hit you. Understanding how uninsured motorist coverage works helps you make informed decisions about your protection and maximize recovery after accidents.

Find more information about our car accident lawyer in Austin here

Uninsured motorist coverage exists because liability insurance only helps if the at-fault driver actually has it. When an uninsured driver causes an accident, their lack of coverage means no liability policy exists to pay your claim. Without uninsured motorist coverage, you would have to sue the at-fault driver personally and try to collect from their assets. Most uninsured drivers have few assets to pursue. Uninsured motorist coverage fills this gap.

Check out this Austin car accident injury webpage

According to the Insurance Information Institute, approximately 14% of drivers nationally operate without insurance. Texas rates are higher than the national average. This means one in every seven or eight drivers you encounter may be uninsured. Uninsured motorist coverage protects you from this significant risk.

How Uninsured Motorist Coverage Works

Uninsured motorist coverage functions like the at-fault driver’s liability coverage would if they had any. When an uninsured driver causes your accident, you file a claim with your own insurance company under your UM coverage.

Texas law requires insurance companies to offer uninsured motorist coverage to all policyholders. You can decline UM coverage, but you must do so in writing. Many drivers carry UM coverage without realizing it because they never explicitly rejected it.

UM coverage limits determine maximum recovery. You select limits when purchasing your policy, typically matching your liability limits. If you carry 100/300 liability coverage, you likely have 100/300 UM coverage as well. Higher limits cost more but provide greater protection.

Stacking UM coverage may multiply your available limits if you insure multiple vehicles. Texas allows stacking in some circumstances, meaning coverage from each insured vehicle combines to increase total limits. Policy language determines whether stacking applies.

Types of Uninsured Motorist Coverage

Uninsured motorist coverage in Texas typically has two components that protect against different losses.

Uninsured motorist bodily injury coverage pays for injuries you suffer when an uninsured driver causes an accident. This coverage compensates you for medical expenses, lost wages, pain and suffering, and other injury-related damages. UMBI coverage is the most important protection against uninsured drivers.

Uninsured motorist property damage coverage pays for damage to your vehicle caused by uninsured drivers. UMPD coverage helps repair or replace your car when the at-fault driver cannot pay. Some policies do not include UMPD coverage, and collision coverage may provide alternative protection.

Personal injury protection provides additional coverage that pays regardless of fault. PIP covers medical expenses and lost wages up to policy limits no matter who caused the accident. PIP and UM coverage can work together to maximize compensation.

Filing an Uninsured Motorist Claim

Filing a UM claim involves procedures similar to pursuing the at-fault driver’s insurance, but you deal with your own company instead.

Report the accident to your insurance company promptly. Provide details about the uninsured driver, how the accident occurred, and your injuries. Most policies require timely notice of UM claims.

Document everything related to the accident and your injuries. Gather the police report, medical records, photographs, and witness information. This evidence supports your claim just as it would against the at-fault driver.

Your insurance company will investigate the claim. They verify that the other driver was actually uninsured and that they caused the accident. Adjusters evaluate your injuries and damages to determine claim value.

Negotiate with your own insurer for fair compensation. Insurance companies sometimes try to minimize UM claim payouts just as they would third-party claims. You may need to push back against lowball offers.

Underinsured Motorist Coverage

Underinsured motorist coverage provides related protection when at-fault drivers have insurance but not enough to cover your damages.

UIM coverage applies when the at-fault driver’s policy limits fall short of your actual damages. If you suffer $200,000 in damages but the at-fault driver only carries $30,000 in coverage, your UIM coverage can pay the difference up to your own limits.

Texas UIM coverage typically requires exhausting the at-fault driver’s limits first. You must collect everything available from their policy before your UIM coverage kicks in. Some policies have different triggering requirements.

UIM coverage limits work similarly to UM limits. The amount you can recover depends on the limits you purchased. Higher limits cost more but provide greater protection against seriously underinsured drivers.

Protect Yourself with Adequate UM Coverage

Carrying sufficient uninsured and underinsured motorist coverage ranks among the most important insurance decisions you make. Given how many Texas drivers operate without adequate coverage, this protection proves valuable frequently.

Consider matching your UM and UIM limits to your liability limits at a minimum. If you carry high liability limits to protect your assets, carry high UM limits to protect yourself when others do not.

Review your policy declarations page to confirm what coverage you actually have. Many drivers do not know their UM limits until they need to file a claim.

Get Help with Your UM Claim

The car accident attorneys at Shaw Cowart help accident victims maximize their recovery from uninsured motorist claims. We understand UM policy provisions, negotiate effectively with insurance companies, and fight for fair compensation. If an uninsured driver injured you, contact Shaw Cowart today for a free consultation.