Uninsured and Underinsured Motorist Claims in Dallas

Car accidents can be a traumatic experience, especially when the other driver is uninsured or underinsured. The state of Texas requires all drivers to have liability insurance, but unfortunately, not everyone follows this law. In Dallas alone, there were over 17,000 hit-and-run accidents reported in 2020.

If you find yourself in an accident with an uninsured or underinsured driver, it’s essential to understand your options for compensation. This is where uninsured and underinsured motorist claims come into play. These types of claims can help cover medical expenses, lost wages, and property damage that result from the accident.

However, filing an uninsured or underinsured motorist claim can be overwhelming without proper knowledge and guidance. So let’s dive in! In this post, we will discuss everything you need to know about uninsured and underinsured motorist claims in Dallas – from what they are to how to file a claim and more.

What is Uninsured Motorist Coverage?

Uninsured motorist coverage (UM) is a type of car insurance that covers you and your passengers if you are involved in an accident caused by an uninsured or underinsured driver. This coverage can help pay for medical expenses, lost wages, and other damages from the accident.

Why do You Need Uninsured Motorist Coverage?

Even though it’s illegal to drive without car insurance in most states, many drivers still do not carry adequate insurance coverage. In fact, according to a recent study by the Insurance Research Council, one in eight drivers on the road today is uninsured. If you’re involved in an accident with one of these drivers, you could be left paying for your medical bills and other expenses out of pocket.

That’s where uninsured motorist coverage comes in. Adding this coverage to your car insurance can protect you and your passengers from financial hardship if an uninsured or underinsured driver hits you.

What Does Uninsured Motorist Coverage Cover?

Uninsured motorist coverage typically covers bodily injury and property damage caused by an uninsured or underinsured driver. This can include:

Medical bills: If you or your passengers are injured in an accident caused by an uninsured driver, UM can help cover the cost of medical treatment.
Lost wages: If you’re unable to work due to injuries sustained in the accident, UM can help replace lost income.
Pain and suffering: UM may also provide compensation for pain and suffering resulting from the accident.
Property damage: If your vehicle is damaged in an accident caused by an uninsured driver, UM can help cover the cost of repairs.

How Much Uninsured Motorist Coverage Do You Need?

The amount of uninsured motorist coverage you need depends on several factors, including:

Your state’s minimum requirements: Some states require drivers to carry a minimum amount of uninsured motorist coverage.
Your own insurance needs: Consider how much coverage you need to protect yourself and your passengers in the event of an accident.
Your budget: Uninsured motorist coverage can be expensive, so consider how much you can afford to pay for this type of coverage.

It’s important to note that uninsured motorist coverage is optional in all states. However, even if it’s not required where you live, it’s still a good idea to consider adding this type of coverage to your car insurance policy.

What is Underinsured Motorist Coverage?

Underinsured motorist coverage protects you if you are involved in an accident with someone who does not have enough insurance to cover the damages. This type of coverage can be crucial when the other driver is at fault but lacks insurance to pay for your medical bills, lost wages, and other expenses.

How Does Underinsured Motorist Coverage Work?

When you purchase underinsured motorist coverage, you buy an additional protection layer for yourself and your passengers. If you are involved in an accident with an underinsured driver, your insurance company will step in to cover the difference between what the other driver’s insurance will pay and your actual damages.

For example, you are involved in a car accident with another driver with only $25,000 worth of liability insurance. However, your medical bills and lost wages from the accident total $50,000. Without underinsured motorist coverage, you would be responsible for paying the remaining $25,000 out of pocket.

But if you have underinsured motorist coverage with a limit of $50,000 or more, your insurance company would cover the difference between what the other driver’s policy pays and what your actual damages are up to your policy’s limit.

Why Do You Need Underinsured Motorist Coverage?

Although most states require drivers to carry a minimum ≥liability insurance, many drivers only have the bare minimum required by law. In fact, according to a study by the Insurance Research Council (IRC), approximately one in eight drivers on U.S. roads is uninsured.

Even if a driver does have liability insurance, their policy limits may not be high enough to cover all of your damages if they cause an accident. This can leave you with significant out-of-pocket expenses if you do not have underinsured motorist coverage.

Additionally, underinsured motorist coverage can be essential if you or your passengers suffer severe injuries in an accident. Medical bills and lost wages can quickly add up, and you could face financial ruin without adequate insurance coverage.

How Much Underinsured Motorist Coverage Do You Need?

The amount of underinsured motorist coverage you need depends on various factors, including your finances, the likelihood of being involved in an accident with an uninsured or underinsured driver, and the assets you want to protect.

In general, it is recommended that drivers carry at least as much underinsured motorist coverage as they do liability insurance. For example, if you have $100,000 worth of liability insurance, you should also have at least $100,000 worth of underinsured motorist coverage.

However, some experts recommend carrying even more than this to ensure that you are fully protected in the event of a severe accident. Ultimately, the price of the underinsured motorist coverage should be based on your individual needs and circumstances.

When to File an Uninsured Motorist Claim

Filing an uninsured motorist claim is a process that many people need to become more familiar with. It can be confusing and stressful, especially if you have been in an accident with an uninsured driver. This section will discuss when to file an uninsured motorist claim and what steps you should take.

First, it is important to understand what an uninsured motorist claim is. This type of claim is made when you are involved in an accident with a driver who does not have insurance or does not have enough insurance to cover the damages caused by the accident. In these situations, your insurance company will pay for the damages the other driver cannot hide.

One of the most common reasons to file an uninsured motorist claim is when you have been involved in a hit-and-run accident. If the other driver flees the accident scene without leaving any information behind, tracking them down and holding them responsible for their actions can be challenging. In these cases, filing an uninsured motorist claim may be your only option for recovering damages.

Another reason to file this type of claim is if you are involved in an accident with a driver without insurance. Even though it is illegal to drive without insurance, many drivers on the road still do not carry coverage. If you are hit by one of these drivers, filing an uninsured motorist claim may be necessary.

It’s also important to note that even if the other driver has insurance, they may not have enough coverage to pay for all your damages. For example, if you are involved in a severe accident that results in extensive medical bills and property damage, your policy limits may not be high enough to cover everything. In these cases, filing an underinsured motorist claim may be necessary.

Taking action quickly is essential if you are in any of these situations. Contact your insurance company as soon as possible to report the accident and begin the claims process. Be sure to provide them with all your information about the other driver, including their name, contact information, and insurance details, if available.

Once you have filed your claim, your insurance company will investigate the accident and determine who was at fault. They will also assess the damages and determine how much they will pay for your claim. It’s important to note that even though you are filing a claim with your insurance company, they will still be looking out for their interests and may try to minimize the amount they pay.

If your insurance company is not offering you a fair settlement or is dragging its feet on processing your claim, it may be time to seek legal representation. An experienced personal injury attorney can help you navigate the claims process and ensure you receive the compensation you deserve.

When to File an Underinsured Motorist Claim

If you have been involved in a car accident and the other driver is at fault, you may be entitled to compensation for your injuries and damages. However, if the other driver’s insurance policy limits are insufficient to cover all your losses, you may need to file an underinsured motorist claim with your insurance company.

When the Other Driver’s Insurance Policy Limits are Not Enough

The most common reason for filing an underinsured motorist claim is when the other driver’s insurance policy limits are insufficient to cover all your damages. For example, if you were seriously injured in a car accident and your medical bills exceeded the other driver’s policy limit, you may need to file an underinsured motorist claim with your insurance company.

When You Have Exhausted the Other Driver’s Insurance Policy Limits

In some cases, the other driver’s insurance policy limits may be enough to cover some of your damages but not all of them. If this is the case, you can file a claim with their insurance company for the maximum amount their policy allows. Once that limit has been reached, you can file an underinsured motorist claim with your insurance company for any additional damages.

When You Have Sustained Serious Injuries or Permanent Disabilities

If you have sustained severe injuries or permanent disabilities due to a car accident caused by another driver, it is important to consider filing an underinsured motorist claim. This claim can help you receive fair compensation for all your losses, including medical expenses, lost wages, pain and suffering, and future medical care.

When You Are Unable to Work Due to Your Injuries

If you cannot work due to injuries sustained in a car accident caused by another driver, you may be entitled to compensation for lost wages. However, if the other driver’s insurance policy limits are insufficient to cover your lost wages, you may need to file an underinsured motorist claim with your insurance company.

When You Have Incurred Significant Property Damage

In addition to medical expenses and lost wages, car accidents can also result in significant property damage. If the other driver’s insurance policy limits are insufficient to cover all of your property damage, you may need to file an underinsured motorist claim with your insurance company.

When You Want to Ensure Fair Compensation

Finally, it is important to consider filing an underinsured motorist claim to ensure you receive fair compensation for all your losses. Insurance companies are in the business of making money, and they will often try to pay out as little as possible on claims. By filing an underinsured motorist claim, you can help ensure you receive the compensation you deserve.

Factors That Affect Uninsured and Underinsured Motorist Claims

Several factors can affect the outcome of a claim. These factors can range from the insurance policy the claimant holds to the accident’s severity. This section will discuss some of the most critical factors impacting uninsured and underinsured motorist claims.

Type of Insurance Policy

One of the most significant factors affecting an uninsured or underinsured motorist claim is the type of insurance policy the claimant holds. For example, if a person has an umbrella policy, they may be able to recover additional damages beyond what their primary auto insurance policy covers. Similarly, if a person has collision coverage or comprehensive coverage on their auto insurance policy, they may be able to recover damages for their vehicle even if the other driver is uninsured or underinsured.

Severity of Accident

Another factor that can impact an uninsured or underinsured motorist claim is the accident’s severity. If a person is involved in a minor fender bender with an uninsured or underinsured driver, they may not have much trouble recovering damages from their insurance company. However, if a person is involved in a severe accident with significant injuries and property damage, they may face more challenges when recovering compensation.

Fault Determination

In many cases involving uninsured or underinsured motorists, fault determination can be difficult. This is because these drivers often do not have sufficient insurance coverage to pay for all damages resulting from an accident. As such, determining who was at fault for an accident becomes more complicated when one driver does not have adequate insurance coverage.

State Laws

The laws governing uninsured and underinsured motorist claims vary from state to state. Some states require drivers to carry specific insurance coverage to be eligible for uninsured or underinsured motorist benefits. Other states have no-fault insurance laws that limit the ability of drivers to recover damages from other drivers, even if they are uninsured or underinsured.

Statute of Limitations

Another essential factor that can impact an uninsured or underinsured motorist claim is the statute of limitations in the state where the accident occurred. This is when a person must file a claim to be eligible for compensation. If a person fails to file their claim within this time, they may lose their right to recover damages.

Exclusions and Limits

Finally, it is essential to note that many auto insurance policies have exclusions and limits. Some policies may exclude coverage for accidents involving hit-and-run drivers, while others may limit the compensation available for certain damages.

How to File an Uninsured or Underinsured Motorist Claim

Filing an uninsured or underinsured motorist claim can be daunting, but it’s essential to understand the process to receive the compensation you deserve. This section will discuss the steps involved in filing such a claim and provide tips for smoothing the process.

Gather Evidence

The first step in filing an uninsured or underinsured motorist claim is to gather evidence. This includes taking pictures of any damage caused by the accident, obtaining contact information from witnesses, and collecting any police reports related to the incident. The more evidence you have, the stronger your case will be.

Contact Your Insurance Company

Once you have gathered all the necessary evidence, it’s time to contact your insurance company. They will ask for details about the accident and may require you to complete a claims form. Be sure to provide as much information as possible and keep copies of all documents related to your claim.

Review Your Policy

Before proceeding with your claim, review your insurance policy carefully. Ensure you understand what is covered under your policy and what isn’t. If you have any questions, don’t hesitate to ask your insurance agent for clarification.

File Your Claim

After reviewing your policy and gathering evidence, you must file your uninsured or underinsured motorist claim. This involves submitting all necessary documents and providing detailed information about the accident. Your insurance company will then investigate the claim and determine whether or not they will provide compensation.

Negotiate with Insurance Adjusters

If your insurance company offers less compensation than expected or denies your claim, don’t give up hope. You can negotiate with their adjusters by providing additional evidence or arguing that their initial offer doesn’t adequately cover damages incurred during the accident.

Consider Hiring an Attorney

If negotiations with insurance adjusters fail, consider hiring an attorney specializing in uninsured or underinsured motorist claims. They can help guide you through the legal process and ensure you receive the compensation you deserve.

How Uninsured or Underinsured Insurance Claims Work: Texas UM/UIM Insurance Explained

Uninsured and underinsured motorist insurance, also known as UM/UIM insurance, is essential coverage that protects drivers in case of accidents with uninsured or underinsured motorists. In Texas, it is mandatory to have this type of coverage, but many people need help understanding how it works. In this section, we will explain the basics of UM/UIM insurance in Texas and how it can help you in case of an accident.

How Does UM/UIM Insurance Work?

UM/UIM insurance provides additional coverage when you are involved in an accident with an uninsured or underinsured driver. If you have UM/UIM coverage and are interested in an accident where the other driver is at fault but does not have enough insurance to cover all your expenses, then your UM/UIM policy will kick in and provide additional coverage.

It is important to note that UM/UIM insurance only covers bodily injury and property damage caused by an uninsured or underinsured motorist. It does not cover any damages caused by a hit-and-run driver unless there is physical contact between their vehicle and yours.

What Does UM/UIM Insurance Cover?

UM/UIM insurance covers medical expenses, lost wages, pain and suffering, and property damage resulting from an accident with an uninsured or underinsured motorist. However, it is essential to note that UM/UIM policies have limits like liability policies.

The policy limits for UM/UIM coverage vary depending on the state you live in and the insurance company you choose. In Texas, the minimum required limits for UM/UIM coverage are 30/60/25, which means:

$30k per person for bodily injury
$60k per accident for bodily injury
$25k per accident for property damage

However, it is recommended that drivers carry higher limits than the minimum requirements, as accidents can quickly add up beyond these amounts.

Why Do You Need UM/UIM Insurance?

Having UM/UIM insurance gives you peace of mind knowing that you are protected if you are involved in an accident with someone who does not have enough insurance to cover your damages. In Texas, it is mandatory to have UM/UIM coverage, but many drivers opt for the minimum limits, which may not be enough in case of a severe accident.

Furthermore, hit-and-run accidents are common in Texas, and having UM coverage can protect you if you are involved in such an incident. Without UM coverage, you will be responsible for all expenses resulting from the accident.

Seeking Legal Representation for Uninsured and Underinsured Motorist Claims

Why You Need Legal Representation for Uninsured and Underinsured Motorist Claims

You may wonder about your options if you’ve been involved in an accident with an uninsured or underinsured motorist. While it’s possible to pursue a claim on your own, seeking legal representation is highly recommended. Here are some reasons why:

Understanding the Law

The laws surrounding uninsured and underinsured motorist claims can be complex and confusing. A qualified attorney will deeply understand these laws and how they apply to your case. They can help you navigate the legal system and protect your rights.

Negotiating with Insurance Companies

Dealing with insurance companies can be frustrating and time-consuming. When you hire an attorney, they will handle all communications with the insurance company on your behalf. This includes negotiating a fair and just settlement based on your case’s facts.

Maximizing Your Compensation

Without legal representation, accepting a settlement offer far less than what you deserve is easy. An experienced attorney will tirelessly ensure maximum compensation for your injuries, lost wages, medical bills, pain and suffering, and other damages.

Proving Negligence

To win an uninsured or underinsured motorist claim, you must prove negligence on the part of the other driver. This can be easier to do with proper evidence and documentation. An attorney will know precisely what evidence is needed to prove negligence and build a strong case on your behalf.

Taking Your Case to Court

While most cases settle out of court, there may be instances where going to trial is necessary. If this happens, having an experienced trial lawyer by your side can make all the difference in the outcome of your case.

Statistics on Uninsured Motorists

According to the Insurance Information Institute (III), approximately 13% of drivers nationwide are uninsured. In Texas, that number is even higher at 14%. This means that if you’re involved in an accident in Dallas, there’s a good chance the other driver may not have insurance.

The III also reports that uninsured motorist claims have increased in recent years. This makes it all the more important to have legal representation if you find yourself in this situation.

Contact a Dallas Car Accident Lawyer Today for Uninsured or Underinsured Motorist Claims

When the driver is uninsured or underinsured, you may be left with significant damages and no clear path to compensation. If you find yourself in this situation, there is hope. Contacting a Dallas car accident lawyer specializing in uninsured and underinsured motorist claims can help you seek compensation.

Understanding Uninsured and Underinsured Motorist Claims

Before we dive into why it’s essential to contact a Dallas car accident lawyer for uninsured and underinsured motorist claims, let’s first define what these terms mean. An uninsured motorist claim arises when the at-fault driver lacks insurance coverage to pay for your damages. An underinsured motorist claim occurs when the at-fault driver has some insurance coverage but not enough to compensate you for your injuries fully.

In either case, pursuing a claim against an uninsured or underinsured driver can be complex. Insurance companies are often reluctant to pay out on these types of claims, and without legal representation, you may struggle to navigate the process effectively.

Why You Need a Dallas Car Accident Lawyer

If you’ve been involved in an accident with an uninsured or underinsured driver in Dallas, it’s essential that you contact a qualified car accident lawyer as soon as possible. Here are just a few reasons why:

Protect Your Rights: When dealing with insurance companies after an accident, it’s easy to feel overwhelmed and unsure of your rights. A skilled attorney can help protect your rights throughout the claims process.
Navigate Complex Laws: Uninsured and underinsured motorist claims involve complex laws and regulations that can be difficult for non-lawyers to understand. A knowledgeable attorney can guide you through these complexities and help ensure your claim is handled correctly.
Maximize Your Compensation: Insurance companies are often more willing to negotiate with experienced attorneys than individual claimants. Working with a lawyer may secure a higher settlement or award than you would.
Obtain Evidence: To build a strong compensation case, gathering evidence of the other driver’s negligence and the extent of your damages is essential. An attorney can help you obtain this evidence and present it effectively in court if necessary.
Save Time and Stress: Dealing with an uninsured or underinsured motorist claim can be incredibly stressful, especially if you’re also dealing with injuries from the accident. Hiring an attorney lets you focus on your recovery while someone else handles the legal details.

Contact a Dallas Car Accident Lawyer Today

Be sure to seek legal representation if you’ve been involved in an accident with an uninsured or underinsured driver in Dallas. Contact a qualified car accident lawyer today to protect your rights and pursue the compensation you deserve. With the right attorney, you can confidently navigate this complex process and achieve a successful outcome.

Final Thoughts on Uninsured and Underinsured Motorist Claims in Dallas

Dealing with uninsured or underinsured motorist claims can be daunting. However, understanding the basics of these types of claims can help you easily navigate the process.

Uninsured motorist coverage protects if you are involved in an accident with someone who does not have insurance. On the other hand, underinsured motorist coverage comes into play when the at-fault driver’s insurance policy is insufficient to cover your damages.

It is essential to file a claim as soon as possible after an accident. Waiting too long may result in a denial of your claim. Additionally, certain factors can affect your claims, such as fault determination and policy limits.

Filing an uninsured or underinsured motorist claim involves providing evidence to support your case. This includes medical records, police reports, and witness statements. It is also essential to seek legal representation to receive fair compensation for damages.

It’s crucial to contact an expert attorney specializing in uninsured or underinsured motorist claims in Dallas for legal assistance. An experienced lawyer will guide you and fight for your rights. Contact our team at Chris Lewis & Associates today for a dedicated attorney.