In Texas, if you were hit by an uninsured driver (or, a driver that flees the scene of the accident or, only has the minimum amount required and it is not enough to pay for your damages), your uninsured and underinsured motorist coverage would apply. The majority of auto insurance policies sold in Texas include some form of uninsured and underinsured motorist coverage. While these types of coverage are optional, your insurer must offer them to you when you purchase your car insurance. In fact, if you do not want to include this coverage, your refusal must be in writing.
The majority of auto insurance policies sold in Texas include some form of uninsured and underinsured motorist coverage.
What is Uninsured Motorist Coverage
Uninsured motorist coverage is insurance coverage for car accidents where you are:
- hit by a driver who flees the scene of the accident; Or,
- a situation where you are not able to get the at-fault party’s insurance information; Or,
- you in an accident with a driver who does have auto liability insurance but, they may only have the minimum amount of coverage and your damages are greater than the coverage; Or,
- you are in an accident with a driver who does not have auto liability insurance.
In these cases, you have to rely on your own insurance to pay for any injuries and property damage. If your insurance policy has underinsured motorist coverage, that can be used to cover all or part of the difference in costs once the at-fault party’s insurance liability limits are reached.
Uninsured Motorist Claims
When filing this type of claim, you must first file against the at-fault driver’s liability insurance. The policy will pay up to its limit and then your underinsured motorist coverage can help you pay for the remaining costs. Even if you have the all the right insurance coverage, insurance companies can make it very difficult to get the full payout you rightfully deserve for your injuries. Many car accident victims who have been hit by uninsured drivers or have been injured in a hit-and-run accident require the help of an experienced uninsured motorist accident lawyer to fight their own insurance companies in order to get fair compensation. If you are currently fighting your insurance company to get the benefits you paid for, or having to contest fault with your insurance company, contact the Pearland uninsured motorist lawyers at J.D. Silva today for a free consultation to learn your rights.