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What to Do When Hit by an Uninsured/Under-Insured Motorist

The Haslam Firm Feb. 22, 2024

Being hit by an uninsured or underinsured motorist can be a distressing experience, likely leaving you feeling frustrated and unsure of what to do next. Anger maybe over the fact that someone did not carry insurance or enough insurance.

If you ever find yourself in this situation, it's important to stay calm, and remember that you may have options to protect yourself and seek compensation.  Call Us.

We speak to groups on this subject and most people have no idea how UIM/UM coverage works. Most insurance agents do not explain the coverage. We recently brought suit against a well known Insurance carrier for misrepresenting the coverage and failing to provide the one million UIM/Um coverage our CEO client had previously carried before the new insurance agent sold him the new cheaper coverage. The insurance sales agent met the CEO at Church and was well meaning, but the agent did not understand UIM/UM coverage. We are under a confidential settlement agreement and cannot say the name of the carrier or agent.

Please check your coverages and call us. We are glad to look at your coverages and explain what you have in UIM/UM automobile coverage. Your business policy may also help you if coordinated with your personal coverages.

If you find yourself post-crash in a situation where the bad driver does not carry automobile insurance coverage or not enough to cover your damages, call us and provide us with your automobile coverage during the time period involving the crash and the coverage from the year before. We can help you. understand your rights and options.

If you don’t have UM/UIM coverage, you may need to look into litigation or alternative compensation options, such as filing a claim against the at-fault driver's assets. Remember that each car accident case is unique, so consider consulting with a board certified personal injury attorney. 

We have represented many people in UIM/UM litigation and you can check a recent case that we helped a client through trial and won on appeal, Allstate v. Dollard, 2-22-00289-CV, Oct. 2023.

Texas Insurance Requirements 

In Texas, we're required by law to carry at least $30,000 in bodily injury coverage per person, with a minimum of $60,000 per accident, and at least $25,000 of coverage in property damage. Despite these requirements, some drivers still choose to drive without proper insurance coverage.  The $30,000 is the bare minimum and often barely covers the hospital bills. Relying on the bad driver/at fault" driver to carry adequate coverage is a dangerous financial decision for you and your family.

If you find yourself in a situation where the other driver is uninsured or underinsured, it's important to understand your legal rights and options. In Texas, uninsured/underinsured motorist coverage is an optional add-on to your own insurance policy.  

Understanding Uninsured Motorist Coverage 

Uninsured/underinsured motorist coverage is there to protect you when the driver responsible for the accident (bad driver or at fault) cannot cover your damages. This coverage is not mandatory in Texas, but it's highly recommended. After all, you never know when you might cross paths with an uninsured driver (or get caught up in a hit-and-run).  

Uninsured/underinsured motorist coverage can be a great option for people who want an extra layer of safety net should they ever be involved in a crash. According to the Texas Department of Insurance, UM/UIM coverage pays for: 

  • Covers car repairs. 

  • Covers replacing damaged property that was in your car.  

  • Provides a rental car if needed.  

  • Pays for your medical bills.  

  • Accounts for pain and suffering costs. 

  • Compensates for diminished value if your car is worth less after the accident.  

The deductible for this coverage is set at a modest $250, making it considerably lower than the deductible for your collision coverage. This means that if you need to make a claim, you would be responsible for paying a significantly smaller amount out of pocket before the coverage kicks in. 

Legal Help When You Need It Most 

Experiencing a car accident is stressful enough, but dealing with an uninsured driver can add an extra layer of complexity. At The Haslam Firm, we have the knowledge and experience to guide you through this process and ensure that you receive the compensation the law allows.

As a law firm committed to serving our clients in Texas and Oklahoma, we're here to guide you on what to do after any auto accident. We enjoy relationships with excellent attorneys across the country that can help us, help you.