According to the Texas Department of Insurance, about 18% of all drivers in the state are uninsured. That’s nearly one out of every five people on the roadway. As of 2019, Texas only requires drivers to carry $30,000 of liability insurance per person with a total of $60,000 per accident and an additional $25,000 for property damage. Uninsured motorist (UM) insurance isn’t required, but given the high percentage of uninsured drivers in the state, our uninsured motorist accident lawyers strongly recommend that you have it. Here are a few things that you need to know if you’re hit by an uninsured driver.
- What Does Uninsured Motorist Insurance Cover?
Uninsured motorist insurance only covers you for bodily injury. It doesn’t cover property damage. You would pursue your damages with your own insurance company in the same manner as if the uninsured driver was actually insured. Your own insurance company turns into your opponent, which is why having the assistance of an experienced car accident lawyer is imperative. They know the tricks insurance companies like to play and the headaches that they can cause. Here are some examples of the damages that are contemplated by uninsured motorist insurance:
Any permanent disability or disfigurement.
Loss of a normal life.
Pain and suffering.
Damages covered by the Texas Wrongful Death Act.
- Who is at Fault?
Nearly all uninsured motorist insurance coverage requires the accident to be the fault of the uninsured driver. If you’re hit by an uninsured driver, and the accident was your fault, you probably won’t be covered. Under Texas comparative negligence law, you must be able to prove that you were no more than 50% at fault for your accident. You might be able to take care of the damage to your vehicle through your collision coverage though. That would likely be regardless of fault.
- Who is Covered Under UM?
Most UM coverage provides that residents of your household who are blood relatives are also covered under your UM. All of you are probably covered as bicyclists or pedestrians too, even in the event of a hit-and-run. Your car accident attorney would be able to look through your policy and provide you the best course of action and be able to determine where you should go to recoup expenses.
- What is Underinsured Motorist Insurance?
Just about all uninsured motorist insurance (UIM) coverage includes underinsured motorist insurance. Here’s an example of how underinsured motorist coverage works. If you have $100,000 of UIM coverage with $75,000 of personal injury damages, and the driver who caused your accident and injuries has only $30,000 of liability insurance, you can pursue the other $45,000 through your UIM coverage.
- Who Should be Dealing with the Insurance Company?
In most UM and UIM cases, the insurance company will attempt to make things difficult for the insured party. Their goal is to make money by limiting the amount of money they pay to you. An experienced car accident attorney will be able to assist you in dealing with the insurance company because this is what they do on a daily basis. Generally, a car accident attorney will be able to speed up the process and maximize the amount of money you receive.
After being seriously injured in an accident that was caused by an uninsured driver in Texas, contact a car accident lawyer here at the Law Offices of David Kohm right away. We can arrange for a free consultation and case evaluation for you.
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