Uninsured Motorist Claims in Texas
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Uninsured Motorist Claims in Texas
Uninsured and underinsured motorist claims are some of the most frustrating cases for injured Texans. You did everything right. You followed the law. Yet the driver who hit you either carried no insurance at all or carried far too little to cover your losses. Because of this, many people assume they’re out of options. In reality, Texas law provides several protections—if you know how to use them.
Uninsured motorist (UM) coverage protects you when the at‑fault driver has no insurance. Underinsured motorist (UIM) coverage applies when the at‑fault driver has some insurance, but not enough to cover your damages. Both coverages are optional in Texas, but insurance companies must offer them in writing. If they didn’t, you may still be entitled to coverage.
UM and UIM claims often become necessary after:
- Hit‑and‑run accidents
- Drivers with no insurance
- Drivers with expired or canceled policies
- Drivers with only minimum liability limits
- Crashes involving stolen vehicles
Because these claims involve your own insurance company, they can be surprisingly adversarial.
Why UM/UIM Claims Are More Complicated Than People Expect
Many people assume their own insurer will treat them fairly. Unfortunately, Uninsured motorist claims are often handled just like any other liability claim. Your insurer may:
- Dispute fault
- Minimize your injuries
- Question your medical treatment
- Delay payment
- Offer low settlements
- Demand unnecessary documentation
Even though you pay premiums, your insurer’s goal is still to reduce payouts.
When You Can File an Uninsured Motorist Claim
You can file a UM claim when:
- The at‑fault driver has no insurance or is an excluded driver
- The at‑fault driver fled the scene (hit‑and‑run)
- The at‑fault driver’s identity is unknown
- The vehicle was stolen
- The driver’s insurance company denies coverage
Texas requires that hit‑and‑run claims be supported by evidence, which makes early documentation essential.
When You Can File an Underinsured Motorist Claim
You can file a UIM claim when:
- The at‑fault driver’s insurance limits are too low
- Your damages exceed the liability coverage
- You have ongoing medical needs
- You suffered long‑term impairment
- You lost wages or earning capacity
UIM claims often arise when the other driver carries only the Texas minimum limits: $30,000 per person / $60,000 per accident.
What UM/UIM Coverage Pays For
UM and UIM coverage can compensate you for:
- Medical bills
- Future medical care
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Physical impairment
- Property damage
These damages mirror what you would have recovered from the at‑fault driver if they had adequate insurance.
Evidence That Strengthens a UM/UIM Claim
Because your own insurer may challenge your claim, strong evidence is essential. Helpful documentation includes:
- Police reports
- Photos and videos of the scene
- Witness statements
- Medical records
- Imaging results
- Proof of lost wages
- Pain journals
- Vehicle damage estimates
Each piece of evidence helps establish fault, injury severity, and the value of your damages.
Why Insurance Companies Fight UM/UIM Claims
UM/UIM claims cost insurers money, so they often use the same tactics they use against claims involving other drivers. They may argue:
- You were partially at fault
- Your injuries were pre‑existing
- You didn’t need certain treatments
- You waited too long to seek care
- Your medical bills are too high
- Your pain and suffering is exaggerated
Because Texas uses comparative negligence, even small fault arguments can reduce your payout.
How MLF Legal Protects Your UM/UIM Claim
UM/UIM claims require a strategic approach because your own insurer becomes your adversary. Our Dallas car wreck lawyers strengthen these claims by:
- Investigating the crash
- Documenting injuries and treatment
- Calculating the full value of your damages
- Challenging low settlement offers
- Countering fault arguments
- Preparing your case for litigation if necessary
When insurers know you’re represented, they take your claim more seriously.
What to Do After an Uninsured Motorist Accident
Taking the right steps early helps protect your claim:
- Call the police immediately
- Document the scene
- Get medical treatment right away
- Notify your insurer promptly
- Avoid recorded statements
- Keep all medical records
- Contact a lawyer early
These steps help preserve evidence and prevent the insurer from undervaluing your claim.
When to Call a Dallas Car Wreck Lawyer
You should contact a lawyer immediately if:
- The at‑fault driver had no insurance
- The at‑fault driver had low policy limits
- You’re dealing with a hit‑and‑run
- Your insurer is delaying or denying your claim
- You received a low settlement offer
- You’re unsure what your claim is worth
UM/UIM claims are too important to navigate alone.
Call the Dallas personal injury attorneys at MLF Legal at 214‑357‑1782 for a free consultation.
FAQs: Uninsured Motorist Claims in Texas
It protects you when the at‑fault driver has no insurance or flees the scene.
It applies when the at‑fault driver’s insurance limits are too low to cover your damages.
No. UM/UIM offers are negotiable, and many are far below the true value of the claim.
Yes. They often dispute fault or minimize injuries unless strong evidence supports your case.
Injured at work in Texas and your employer doesn’t have workers’ comp?
You may have the right to sue and recover full compensation.
Contact MLF Legal today for a free consultation. You pay nothing unless we win your case.
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