Your Rights When Another Motorist Has Inadequate Insurance
Texas is what is referred to as an “at-fault” state for the purposes of motor vehicle insurance. That means that, when you’ve been injured in a car, truck or motorcycle accident caused by the carelessness, negligence or wrongful actions of another person, they will be directly responsible for any injury or loss that you suffer. Typically, those losses are covered by insurance. In fact, Texas law requires all motorists to carry a minimum level of insurance.
Unfortunately, though, many people get behind the wheel of a car in Texas without any insurance at all, and many insurance policies provide insufficient coverage. More often than not, there’s little to be gained by seeking damages from the defendant’s person assets. What are your options, then, when you have injury or loss not covered by the defendant’s insurance, or where you have been hurt in an accident caused by an uninsured driver?
Uninsured and Underinsured Motorists Coverage in Texas
In Texas, as in virtually every state, auto insurance policyholders may obtain coverage for accidents caused by uninsured or underinsured motorists. Though the purchase of UM/UIM coverage is not mandatory in Texas (as it is in approximately 20 states), every insurance company must offer the coverage, generally as a rider to your policy, with an additional premium. The coverage is generally available in increments of $5,000 of liability coverage. If you choose not to purchase the UM/UIM coverage, you must do so in writing.
The Importance of Having an Attorney When You Have an Uninsured or Underinsured Motorists Claim
The first thing to understand is that your insurance agent or provider will rarely advise you, in the aftermath of an accident, that you have UM/UIM coverage. Insurance companies are for-profit entities that focus on profits, thereby maximizing shareholder value. When you’ve been in a car, truck or motorcycle accident, you want to give your lawyer a copy of your policy, so that the full extent of your coverage can be determined. If necessary, your attorney can be your advocate and liaison with your insurer, making certain you get the benefits provided in your policy.
You should also understand that insurance companies have a long history of making it difficult for policyholders to recover under UM/UIM provisions. The Texas Supreme Court recognized this in its decision in Allstate v. Irwin (2021) and has granted judges in these claims the right to award attorney fees to policyholders who have been wrongfully denied benefits or coverage.
Contact the Experienced Personal Injury Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we will aggressively help you pursue full and fair compensation when you have suffered any type of loss because of the carelessness or negligence of another person. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
