Car insurance is designed to protect you in the event of a car accident. Most car insurance policies include comprehensive coverage that covers accidents that involve animals, fire, theft, vandalism, and weather. Insured drivers who select collision coverage are also protected in the event of accidents with other vehicles, people, or personal property. In addition to these two common coverages, the state of Texas also requires drivers to carry uninsured/underinsured motorist coverage.
Despite the laws, not all drivers have valid car insurance policies. If you have been involved in a car accident with an uninsured or underinsured driver, call a trusted TX accident lawyer as soon as possible. In Texas, the Uninsured/Underinsured Driver Accident Lawyers at Sutliff & Stout Injury and Accident Law Firm understand the intricacies of cases involving uninsured motorists and will work tirelessly to fight for you.
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What Are Texas Auto Insurance Coverage Requirements?
When an insured driver is hit by an uninsured driver, it’s easy for fear and uncertainty to take over. Therefore, it is important to begin by understanding Texas law as it relates to auto insurance coverage. According to the Texas Transportation Code, every single motorist must carry a minimum liability policy that covers:
- $30,000 for each injured person
- $60,000 total per accident
- $25,000 for property damage
Even with this law, many drivers still disregard insurance requirements. In Texas, though, about 13 percent of motorists operate vehicles without at least the minimum insurance requirements. That is 2.6 million people. Even when at-fault drivers hold the legal minimum liability insurance coverage, that protective coverage may be inadequate for all the injuries and damage they cause.
Who Is an Uninsured Driver?
An uninsured driver is a person who does not have a current car insurance policy on their vehicle. Some uninsured drivers do not realize that their insurance policy has lapsed and are driving with the belief that they are fully covered. If you are involved in a car accident with an uninsured driver, and you carry uninsured motorist coverage, you can still receive compensation for your injuries and property damage.
It is not uncommon for insurance companies to fight uninsured motorist claims. In the event that the insurance company is attempting to get you to accept an unfair settlement, it is beneficial to have an attorney represent you.
If another driver’s negligence caused your accident, and they were not insured, your insurance company has a responsibility to protect you. Insurers are often concerned with their profits and may not give you the full compensation you deserve. It’s frustrating and concerning, especially when medical bills pile up and you’re unable to work. The legal team at Sutliff & Stout can defend your rights in uninsured or underinsured motorist cases and help deal with insurance companies in the most painless way possible.
Who Is Considered an Underinsured Driver in Houston?
A popular question that occurs is who is liable for a Houston, Texas car accident? The party responsible for a Houston crash is liable for the damages. In more significant Houston wrecks, the damages may exceed what the insurance policy covers. Likewise, if the driver only carries the minimum required coverage ($30,000 in Texas), it is not uncommon for medical bills and property damage to exceed that amount.
Your uninsured motorist coverage is in place to pay for costs in such events. This means that, rather than filing a claim against the other driver, you bring the claim against your own insurance company up to the maximum amount of your uninsured driver coverage. However, most insurance companies refuse to be fair when handling these types of claims.
How to Protect Yourself from Uninsured and Underinsured Drivers in Texas?
In Texas, insurance companies are required to offer uninsured/underinsured motorist coverage, but policyholders can opt out of it. Check with your insurance provider if you aren’t sure if you have this kind of coverage. Consider adding this type of coverage to your plan if you rejected it previously, as it will reduce stress in the event you’re involved in a future car accident with an underinsured or uninsured driver.
What Damages Will an Uninsured/Underinsured Policy Cover?
Your auto insurance plan should clearly state whether you have uninsured/underinsured coverage. You may be covered for a variety of losses if you carry uninsured/underinsured coverage. Examples include:
- Emergency room, ambulatory services, and hospital bills;
- Loss of wages;
- Pain and suffering;
- Loss of earning capacity;
- Mental anguish.
If you have questions about the types of coverage you have on your policy, the amount of coverage you have, or how the different types of coverage will work together if you or a loved one is injured in a car accident, contact Sutliff & Stout.
Do I Need to Hire an Attorney If I File a Claim with My Own Insurance Company?
When you purchase insurance, it’s reasonable to think that your insurer will support you, but that’s not always the case. Insurers are large corporations that prioritize profits over people in their business strategy. Although you may be protected by uninsured/underinsured motorist coverage, obtaining compensation is never a straightforward process. The insurance company will still require you to prove that the other driver or other parties were responsible and that you are eligible to claim damages.
Located in Texas, the Sutliff & Stout Board-Certified accident attorneys have decades of experience helping people fight insurance companies that try to take advantage of them. We assist in personal injury and insurance disputes where claims are delayed, diminished, or denied in bad faith. Having worked with insurance companies, we know the laws, regulations, and procedures they must adhere to, and we are relentless in our efforts to ensure they abide by their obligations to our clients.
What to Do After You’re Hit by an Uninsured or Underinsured Driver?
In any car accident, regardless of the driver’s insurance status, you must follow a number of steps in order to protect your rights. We’ve outlined the most important steps below:
- Dial 9-1-1. You should always call the police after a car accident, regardless of whether the other party has insurance. Having a police report stating that the at-fault driver is uninsured will ease the claims process.
- Get in touch with your insurance provider. Because the other driver may face hefty fines and fees for driving without insurance, they may offer you money for the sake of avoiding legal repercussions. It is impossible to estimate your damages and injuries, so accepting money may hurt you in the long run.
- Exchange information. Despite not being insured, you will still need to collect the other driver’s contact information. Also, obtain the contact information for any eyewitnesses, since their statements can be useful during the accident claim process.
- Collect details. Take note of the model and make of the vehicle, the speed and direction of travel, weather conditions, the moments leading up to the accident, traffic conditions, and the name of the responding officer.
- Take photos. You should photograph any damage your vehicle or the other car has sustained, the other driver’s license plate, the accident scene, traffic lights, and more.
- Make sure that you file a claim as soon as possible. Many insurance companies require that uninsured or underinsured motorist claims be submitted within a certain period of time.
- Contact an attorney. The safest way to proceed is with the guidance of an experienced car accident attorney on your side.
What If I Was Involved in a Hit-and-Run Accident?
Hit-and-run accidents are collisions in which the driver responsible for the accident flees the scene. In such accidents, there is no insurance from the liable party to cover the costs of the accident. Uninsured/underinsured motorist coverage is also designed to help you if you are involved in a hit-and-run accident.
In Texas, insurance companies are bound by law to the Texas Insurance Code. It is their responsibility to provide for your claim quickly. If you are having difficulty receiving a fair settlement or coverage for your injuries or property damage, you may be able to seek additional damages.
Hire an Aggressive Uninsured/Underinsured Driver Accident Lawyer Near You
Sutliff & Stout Injury and Accident Law Firm has the experience necessary to fight for your case. If you or someone you love has suffered an injury or been involved in a serious car accident with an uninsured or underinsured driver, you shouldn’t wait another moment before scheduling a legal consultation. Our no-obligation case review can help you determine what your case is worth according to the law.
The attorneys at Sutliff & Stout are Board-Certified car accident attorneys in Houston who have won cases for thousands of individuals. Through Texas car accident law, we are committed to making our communities safer and fighting for you every step of the way. When you contact us, our immediate goal is to be of service to you. Call to schedule your free consultation today at (713) 987-7111 or fill out our online contact form.