Car accidents affect the lives of those who live through them in many ways, and often, the road to recovery can be long and difficult.
Maybe you are driving home from work, listening to music, and winding down from a long day, and in the next second, a negligent driver jolts out of your lane and sends you in a different direction while airbags fly toward you.
It takes you five to 10 seconds to realize what happened, but that five to 10 seconds feels much longer. You’re disoriented, and you can’t feel any pain yet; adrenaline is coursing through your veins, but you know the pain is coming.
Your vehicle is mangled, and you can tell you’re injured. It only takes a moment for your whole life to change.
After first responders arrive, you answer questions, file an accident report with the on-scene officer, and head to the hospital to be seen by emergency room staff.
After your release from a long stint in a sterile and unwelcoming hospital room, you know you must submit a claim to your insurance company and start the process to have an adjuster look at your damaged vehicle for property damage.
The car accident was a nightmare that you can’t stop reliving over and over, and to make matters worse, you found out that the at-fault party doesn’t have insurance.
If this scenario resonates with you, know that help is available.
A car accident lawyer can explain your options to get back on your feet without draining your emergency savings by recovering the compensation you need to pay for your vehicle damages and medical expenses.
Uninsured Motorist Claims (UM) and Underinsured Motorist Claims (UIM)
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A lawyer can help file UM/UIM claims. What are UM/UIM claims?
- You can file a UM claim, or an uninsured motorist claim, after a driver who doesn’t have insurance hits you. After an accident with an uninsured driver, you need a lawyer to recover any compensation.
- UIM claims, or underinsured motorist claims, are slightly different. In UIM, the at-fault driver has insurance, but not enough insurance to cover all of the damages.
Two Underinsured Motorist Claim Options
A lawyer can help you file two types of UIMs after your accident.
- Underinsured Motorist Property Damage (UIMPD) - An underinsured motorist property damage claim encompasses your vehicle and all material items damaged in the accident. This claim can be made if the other driver didn’t carry the proper amount of insurance to cover the damages. Compensation can be recovered for car parts in need of repair, phones, computers, glasses, and other personal property items.
- Underinsured Motorist Bodily Injury (UIMBI) - This claim encompasses all bodily injuries and medical expenses required due to the accident of an at-fault driver who doesn’t carry adequate insurance to cover the losses. You or your lawyer must submit relevant evidence for your case proving you were injured to recover compensation. Collect all receipts, statements, and invoices from medical providers or hospital visits.
If you have collision insurance, it may not be necessary to purchase UIMPD or UIMBI. Confirm with your insurance provider to discern what your policy allows.
Collision coverage usually covers all property damage vehicles involved in the accident and all injuries sustained. Most insurance companies offer UIMPD and UIMBI; however, you should speak with your provider to understand the recommended coverage and determine if adding the UM or UIM coverage will supplement your coverage.
Texas Insurance Minimums
Texas, a fault or tort-based state, requires drivers to carry a minimum amount of insurance equaling at least $30,000 in bodily injury insurance per person, $60,000 per accident, and $25,000 in property damage repairs, or 30/60/25 coverage.
While these minimums may seem substantial, follow-up medical care after the accident and vehicle repairs can exceed these amounts.
How Does UM/UIM Insurance Protect You?
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After a car accident with an uninsured driver or a driver without the proper amount of coverage for all damages, the uninsured and underinsured motorist coverage will protect drivers and passengers alike. If the driver who causes the accident drives away without offering contact information to file an accident report, (a hit and run), UM/UIM coverage can be utilized in this situation.
Having UM/UIM coverage is beneficial if the other driver involved does not have insurance coverage. In such cases, if your personal injury policy does not fully cover all of your damages and injuries, you can file an uninsured/underinsured motorist (UM/UIM) claim with your insurance company. This type of claim allows you to seek compensation for your losses when the at-fault party is unable to provide sufficient coverage. Review your insurance policy and understand the coverage options to ensure you are protected adequately in such scenarios.
If you’ve experienced a traumatic car accident with an uninsured or underinsured motorist, often medical expenses, personal property damage, lost wages, and emotional damages (PTSD or anxiety) can result, but you may recover compensation by filing a UM/UIM claim.
How UM/UIM Coverage Works
UM/UIM claims operate as a standard car insurance claim, with one substantial difference: the UM/UIM claim will be filed through your insurance company.
In cases where the at-fault driver does not have enough insurance to cover the damages, an underinsured motorist (UIM) claim may be necessary. To successfully pursue a UIM claim, a thorough investigation of the accident must be conducted. An investigation involves gathering evidence such as accident reports, witness statements, and photographs or video footage of the scene.
Additionally, a review of medical records and injuries sustained in the accident will be necessary to establish the scope of the damages. All of this information will be compiled and used as evidence to prove the liability of the at-fault party beyond a doubt. This comprehensive approach is crucial to building a strong UIM case and attaining the compensation you deserve after your car accident.
Keep records and documentation of all expenses related to the accident from the time of the accident and beyond. This evidence will affect the amount awarded for your compensation
Keep in mind, UIM claims do not always fully compensate car accident drivers when comparative negligence or contributory negligence are involved in the case. Contact an attorney to understand your options in this scenario.
When Negotiations for a Fair Settlement With Your Insurance Company Fail
In some cases, filing a lawsuit may not be feasible, but you do have the option to submit your claim to binding arbitration. This procedure is more informal in comparison to going to trial, which can limit your rights if you dislike the outcome.
What Is Arbitration?
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Arbitration involves a hearing before a neutral arbitrator, sometimes with a panel of three arbitrators, who consider all the evidence and listen to both sides before making a decision.
Unfortunately, if you find yourself on the losing side of arbitration, there are limited options for appeals. Typically, the decision made in car accident arbitration cannot be changed, and you must abide by the ruling.
How to File a UM/UIM Claim
If you need to file an uninsured/underinsured motorist claim follow these five steps.
- Contact your insurance company immediately: It is crucial to promptly notify your insurance company if you have been involved in an accident as deadlines for UM or UIM claims are often time-sensitive. If the driver who hit you is uninsured, inform your insurance provider immediately of your intention to file a UM claim. If the other driver is underinsured, obtain a statement from their insurance company detailing their coverage limits for UIM claims.
- Compile evidence: Gather all pertinent information related to the car accident, including the police report, medical documentation (such as expenses, receipts, and invoices), witness statements, and photos of property damages and injuries.
- Liability determination: Your insurance company needs to determine liability and establish whether the at-fault driver was uninsured or underinsured. If the at-fault driver is underinsured, they will identify the limits of their liability coverage.
- Calculate losses or damages: Determine the total damages incurred since the accident, including medical expenses, property damages, lost wages, and non-economic damages such as pain and suffering or humiliation and embarrassment.
- File the UM or UIM claim: Include your policy's UM or UIM policy within your documentation and submit all compiled evidence to your insurance company. Clearly show the calculated damages with supporting documentation.
Personal Injury Statute of Limitations in Texas
By delaying filing an insurance claim, even if you don't have all the information about the other driver's insurance, you risk losing your right to compensation. The statute of limitations for personal injury lawsuits in Texas falls under Tex. Civ. Pract. & Proc. Code § 16.003 (2024). You have two years from the date of injury to file your case in court.
How a Car Accident Lawyer Can Help File a UM/UIM Claim
A car accident lawyer can maximize your recovery after an accident with an uninsured or underinsured driver.
They will:
- Oversee the claims process: A car accident lawyer will work with your insurance provider to ensure the claims process progresses smoothly and all necessary information is considered by the insurance company.
- Assess the insurance policy: A lawyer will help you understand the complexities of your insurance policy, especially the details of your UM or UIM coverage. They can determine how each policy applies to your claim.
- Determine the value of your claim: A car accident lawyer can accurately assess the value of your claim and negotiate a fair settlement with your insurance company for you.
- Negotiate a fair settlement: An attorney can negotiate with your insurance company on your behalf, presenting the validity of your claims based on their evaluation of your case. They have the expertise to maximize the compensation your insurance company will provide.
- Represent the case in court: If negotiations fail and a fair settlement cannot be reached, litigation, or taking the case to civil court, may be your final option. An attorney can represent you in court if necessary.
- Ascertain other compensation options: In certain situations, a lawyer can identify additional potential sources of compensation, such as personal assets or other policies held by the at-fault driver. Identifying other compensation forms, like the other driver's assets, can augment your overall compensation. When it comes to compensation for personal injury cases, you may recover various types of compensation. These include but are not limited to medical expenses, property damage, lost wages or financial loss due to lifestyle changes, emotional distress, and pain and suffering. You may also have opted into your car insurance’s no-fault coverage, which will pay for your economic damages—mainly but not just your medical expenses—up to the policy limits (but not noneconomic damages like pain and suffering).
Contact a Texas Car Accident Attorney Today
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Remember, there is no time to lose after a car accident. Don't hesitate to seek legal help to ensure you receive the compensation and justice you deserve. The personal injury attorneys at the Francis Firm can help navigate the intricacies of insurance policies, the claims process, and the legal system, by working to secure a fair outcome for your uninsured motorist or underinsured motorist claim.
The car accident attorneys at The Francis Firm have approximately 50 years of combined experience and over 50 million dollars recovered.
The Francis Firm has helped countless clients recover high-value settlements. They will evaluate your claim and determine the best legal method to move forward with your claim. The team will make your case a priority by providing top-tier advocacy. Additionally, they offer flexibility if you are unable to come to their Dallas, Fort Worth, or Southlake offices; they can come to you. To get in touch with The Francis Firm, you can contact them at (817) 329-9001 or set up a free consultation on their website. Legal help is available! The Francis Firm will obtain the optimal result for your case. Don’t wait to recover the fair and just compensation you deserve.