Texas Car Accident With Uninsured Driver?

Attorney Justin Smith | 888-364-6814 | Free Consult

“In Texas, the only way to force a UM/UIM carrier to pay for damages that you’re entitled to recover as a result of insurance that you have bought and paid for, is to file a lawsuit and get a judgment against your insurance company.“

Do you really need uninsured or underinsured motorist insurance (UM/UIM?) How can it help if you’ve been in a Texas car accident with an uninsured driver?

Justin Smith is a car accident attorney with Sloan Law Firm based in Longview, Texas. In this interview, he explains that UM/UIM coverage is crucial, especially if you’ve been the victim of a hit-and-run car accident.

To learn more, contact him directly by calling 888-364-6814 or by submitting a contact form on this page. There is no charge for the consultation, and you will never owe any out-of-pocket attorney fees.

Key Takeaways from Justin Smith:

Texas law (much like every over state law) demands that you have liability insurance to take your car on the road. Every Texas driver is supposed to have a minimum amount of liability insurance. In Texas, that amount is $30,000 per person injured as a result of someone’s negligence and $60,000 per collision.

What are UM and UIM insurance?

They stand for uninsured motorist and underinsured motorist. These are important forms of auto insurance. They can help provide coverage if you are hit by a driver who either has no car insurance or an insufficient amount of car insurance.

UM/UIM coverage helps if you are in an accident caused by someone else’s negligence, i.e. they were speeding, drinking, ran a stop sign, or in some other way acted unsafely. If they have little or no insurance, then your UM/UIM coverage can help provide you funds to help recover.

If the other driver has just the minimum liability insurance of $30,000, then your underinsured motorist coverage will stack on top of that $30,000 amount.

How much UM/UIM motorist coverage do I need to get?

In Texas, the minimum amount of UM/UIM matches the liability insurance ($30,000/person, $60,000/accident).

However, Smith recommends getting as much as you can afford. You have no control over whether or not other drivers on the road have car insurance. You have no control over their driving habits. You cannot prevent an accident involving an uninsured driver, but you can set yourself up for your best recovery if it happens.

UM/UIM can be a lifesaver in a hit-and-run accident.

If a driver hits you and flees the scene, UM/UIM can help provide compensation for your damages and losses. Even if someone hits your car while it’s parked and you’re somewhere else, UM/UIM can kick in to cover property damage. You won’t need to pay toward your deductible in this scenario thanks to UM/UIM coverage.

Same principle applies if someone hits you and drives off before you can get the license or identification. If this happens, you need to call the police, tell them about the collision, explain that it was a hit-and-run so the police can prepare a crash report.

A lawyer can help you navigate the UM/UIM process from there.

UM/UIM allows you to claim everything from your insurance company that the driver might have owed you, such as pain and suffering, mental anguish, etc. Your attorney can help you figure out what you can claim.

Additionally, if you’ve chosen to cover Personal Injury Protection (PIP) in your policy, an attorney can help you stack those coverages and make sure you’re taking full advantage of your policy.

Don’t trust the insurance company.

Your insurance company may dispute the facts of your case. They may doubt that a hit-and-run crash occurred. They may try to shorten the amount of compensation you receive, even if your policy entitles you to much more than they are offering. Smith says that the only way to get an insurance company to follow through on its UM/UIM policy is to file a lawsuit against the company. In Texas, the laws are stacked against the policyholders and in favor of insurance companies.

To learn more, contact Justin Smith directly by calling 888-364-6814 or by submitting a contact form on this page. There is no charge for the consultation, and you will never owe any out-of-pocket attorney fees.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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