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Handling an Accident with an Uninsured Driver in Texas

Handling an Accident with an Uninsured Driver in Texas

Dallas UM Accident Attorney

Having a car accident is stressful enough, but when it involves an uninsured driver, it can become quite complicated. What is a driver to do when they’re hit by an uninsured motorist in Texas? Are there special steps one has to take?

Uninsured/Underinsured Motorist Coverage is a type of insurance that covers any damages you’ve suffered (up to your policy limits) in the event you are involved in a car accident with a driver who doesn’t have insurance (or doesn’t have enough insurance). Some of the situations under which uninsured/underinsured coverage may protect you include:

  • Being involved in a multi-vehicle accident caused by one driver, whose insurance policy is too small to cover everyone’s damages.
  • A hit-and-run accident when there is contact between your vehicle and the other vehicle.
  • A car accident involving an driver with no valid liability insurance coverage.
  • A car accident involving an excluded driver.
  • A car accident purposefully caused by the other driver, which was denied due to being an “intentional act.”
  • Riding as a passenger in a car that is hit by a driver with insufficient insurance.

Many times, an individual can make a claim under more than one uninsured/underinsured policy. For instance, if you are in someone else’s car that is hit by a driver who has insufficient insurance you may be able to file a claim against your own insurance as well as under the policy of the car in which you were riding.

Understanding Uninsured/Underinsured Motorist Coverage

In Texas, an uninsured motorist (UM) is described as one with no insurance, while an underinsured motorist (UIM) is one whose liability insurance is insufficient to cover the other driver’s damages in a specific accident.

While uninsured motorist coverage is optional, the insurance carrier must offer it to all policyholders, and those who refuse to purchase it must do so in writing. The coverage protects the actual policyholder, his/her family members, passengers in the vehicle, and anyone who drives the vehicle with the permission of the owner. Uninsured and underinsured motorist coverage pays the following, up to the policy limits:

  • Medical expenses
  • Funeral expenses
  • Cost of repairing the vehicle
  • Cost of a rental car
  • Replacement of any contents that were damaged
  • Lost wages
  • Pain and suffering
  • Disfigurement
  • Permanent or partial disability

While liability coverage prevents a person from having to pay for damages if he or she causes an accident, it does not pay for any expenses that result from being involved in a crash with an uninsured or underinsured driver. Uninsured drivers typically have few assets, so it could create a financial hardship for those who do not have uninsured motorist coverage and are injured by one of these drivers. Even those drivers who have liability insurance may only carry the minimums which can easily and quickly be exhausted, but this can be avoided when an individual purchases uninsured/underinsured motorist coverage.

If you have been involved in an accident with an uninsured (or under-insured) driver, the Dallas accident attorneys at Rasansky Law Firm may be able to help you file a claim with your insurance company and proceed with any other necessary steps to recover the compensation you need. Call our office at 1-800-ATTORNEY or fill out the contact form on this page to speak with one of our experienced lawyers about your case today.

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