If you’re filing an uninsured or underinsured motorist claim, don’t think that you’re in good hands or with a good neighbor. Your insurance company doesn’t care about your best interests. It only cares about controlling its loss on your claim and paying you as little as possible, no matter how many years you have been a customer of theirs. In order to maximize the benefits that you paid for, you’re going to need a respected and aggressive Dallas-Fort Worth car accident lawyer representing your best interests.
The Texas Department of Insurance estimates that 20% of all drivers in the state don’t have liability insurance. That’s one out of every five drivers around you. If a driver does comply with Texas mandatory insurance laws, he or she is only required to carry $30,000 of liability coverage per person, $60,000 total per accident and $25,000 for property damage coverage. Although those amounts are better than some states, they’re still woefully inadequate if a driver hits you, and you require orthopedic surgery for a broken leg.
Uninsured Motorist Insurance
Texas doesn’t require drivers to purchase uninsured motorist insurance, but it must be offered to them. Given the fact that one out of every five drivers is uninsured, a driver would be exercising poor judgment by not having it. Different insurers have different uninsured motorist insurance language, but the consensus is that it covers you or any family member who is a resident of your household, if one of you is injured in an accident that was caused by an uninsured driver. Most policies even cover you if you or your family member is a bicyclist or pedestrian. Depending on the facts surrounding a claim, there might even be coverage in the event of a hit-and-run. Coverage language is legally complicated. You’ll want an experienced and effective car accident lawyer to go through all of your coverage language with you.
What’s Covered?
You’re covered for the same damages that you might seek against the other motorist who caused your crash if he or she had insurance. You’ll be seeking compensation from your own insurance company though. Those damages might consist of the following:
- Past and future medical bills.
- Past and future lost earnings.
- Any permanent disfigurement or disability.
- Pain and suffering.
- Diminished quality of life.
- Other substantial damages in the event of a wrongful death.
As opposed to most other states, Texas uninsured motorist insurance even covers your property damage, but there’s a $250 deductible. If your collision coverage deductible is only $100, you might want to have your vehicle repaired under that coverage.
Underinsured Motorist Insurance
Since most people don’t read their car insurance policies, they don’t even know that if they have uninsured motorist insurance, they have underinsured motorist insurance too. Here’s how underinsured motorist insurance works. If you or a covered member of your household are in an accident that was caused by a driver who didn’t have enough insurance to pay for all of the damages that he or she caused, you can make a claim with your own insurance company pursuant to your underinsured motorist insurance. For example, if a driver who is riding on the minimum of $30,000 of liability coverage runs a red light, broadsides you and breaks your leg, your damages are likely going to be in excess of $100,000. If you have $100,000 of uninsured motorist coverage, you can seek payment of the $70,000 coverage balance.
An experienced DFW car accident attorney like those at David Kohm & Associates can assist you in dealing with the complex car accident cases dealing with uninsured or underinsured motorists. Call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
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Grapevine (817) 835-8677
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