Uninsured Motorist Accident

Under-insured or Uninsured Motorist in Arlington & DFW

We receive many calls every month with clients asking for help because they were in an accident with someone who had no liability coverage. It’s common knowledge that there are a lot of people in Texas driving around with no insurance, even though State law requires it. They can’t afford it so they get the bare minimum coverage when they have to renew their vehicle registration or drivers license, and then they let the policy lapse when the next premium comes due. Our Arlington & DFW uninsured motorist accident attorneys at the Law Offices of David Kohm will provide a free case review, expert advice and excellent legal representation in your defense.

So have you been in a wreck with an at-fault uninsured driver? If so you need to confirm that you have Uninsured Motorist coverage on your own insurance policy. Uninsured Motorist (“UM”) coverage is insurance protection you buy in order to have coverage for your damages in the event the other driver is uninsured.

You Have Uninsured Motorist Coverage

If you have Uninsured Motorist coverage, you will need to file a claim with your own insurance company. It is wise to have your personal injury attorney handle this process for you so that you can keep direct contact with the insurance adjuster to a minimum. This is especially true if you have suffered physical injuries that are a result of the accident.

You Don’t Have Uninsured Motorist Coverage

If you don’t think you have Uninsured Motorist coverage, don’t be so sure. It often happens that the agent or staff you purchased your policy from failed to properly exclude UM coverage from your policy. In Texas every auto insurance policy must automatically include UM coverage unless you, the buyer actually rejected the coverage in writing. So if you never signed a notice declining this coverage, this means that the insurance company is required to provide UM coverage. It’s a common occurrence for agents and their staff to fail in providing clients with the proper forms declining coverage. People get in a hurry or forget and think they will come back and get you to sign the form later, mistakes happen, hopefully in your favor.

One thing you will want to remember is the fact that even though you’re dealing with your own insurance carrier, they still are not going to treat you any differently just because you pay premiums. It is the adjuster’s job to save the company money, not spend money. So hiring a qualified experienced law firm is a priority in order to get the best representation when dealing with insurance matters.

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Allow our experienced team to represent your best interest and acquire the best settlement possible in your favor. If you can’t come to us, we will come to your home or hospital.

Can I still file a claim if the other driver doesn’t have insurance?

Yes, you can still file a claim if the other driver doesn’t have insurance. In Texas, you can seek compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you have it as part of your policy. This coverage is specifically designed to protect you in situations where the at-fault driver is uninsured. If you don’t have UM/UIM coverage, you may have the option to sue the at-fault driver personally; however, collecting compensation can be challenging if they lack financial resources.

Am I legally liable if I don’t have insurance but wasn’t at fault?

No, you are not legally liable for an accident if you weren’t at fault, even if you don’t have insurance. However, Texas law requires all drivers to carry liability insurance. If you are uninsured, you may face penalties such as fines, license suspension, and fees, regardless of who caused the accident. Additionally, being uninsured can complicate your ability to recover compensation for your injuries or damages, as you may face limitations under Texas’s “No Pay, No Play” rule, which restricts certain types of non-economic damages for uninsured drivers.

What happens if both drivers are uninsured in an accident?

If both drivers are uninsured, recovering compensation becomes more complicated. Neither driver has insurance to cover damages, so each party may be personally responsible for their own expenses, including vehicle repairs and medical bills. If one party is clearly at fault, the other may choose to file a lawsuit against the at-fault driver to seek compensation. However, collecting damages can be difficult if the at-fault driver does not have sufficient financial resources. This underscores the importance of carrying insurance to protect yourself from such scenarios.

The Law Offices of David Kohm can help you navigate these challenging situations, understand your rights, and explore all potential avenues for recovering compensation. Contact our experienced Texas car accident attorneys for personalized guidance.

How can I recover damages if the other driver is uninsured?

If the other driver is uninsured, there are still options to recover damages. The most common approach is through your own uninsured/underinsured motorist (UM/UIM) coverage, if your insurance policy includes it. This coverage is designed to protect you in exactly these situations, covering medical expenses, lost wages, and other damages. If you don’t have UM/UIM coverage, you may need to pursue compensation by filing a personal injury lawsuit against the uninsured driver. However, successfully recovering damages in this way depends on the at-fault driver’s ability to pay.

At The Law Offices of David Kohm, we can help you explore all your options, including negotiating with your insurance company or taking legal action to ensure you receive the compensation you deserve.

What types of compensation can I receive in an uninsured motorist claim?

In an uninsured motorist (UM) claim, you may be eligible to receive compensation for the following:

Medical Expenses: Current and future medical bills related to injuries from the accident.
Lost Wages: Compensation for income lost due to time off work while recovering.
Property Damage: Costs to repair or replace your vehicle and other damaged property.
Pain and Suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life.
Loss of Earning Capacity: Compensation for long-term impacts on your ability to earn an income if you suffer permanent injuries.

The attorneys at The Law Offices of David Kohm will review your policy and the details of your case to ensure you maximize your recovery under your UM/UIM coverage.

Can I sue the uninsured driver personally, and is it worth it?

Yes, you can sue an uninsured driver personally, but whether it’s worth it depends on the circumstances. If the uninsured driver has sufficient assets, filing a lawsuit may be a viable option to recover your damages. However, in many cases, uninsured drivers lack the financial resources to pay a judgment, making it challenging to collect the awarded compensation.

Before deciding to pursue legal action, our attorneys will conduct a thorough investigation to assess the uninsured driver’s ability to pay. At The Law Offices of David Kohm, we are committed to helping you make informed decisions and will guide you through the best strategies to recover compensation.

Does my uninsured/underinsured motorist (UM/UIM) coverage apply in this situation?

Yes, your uninsured/underinsured motorist (UM/UIM) coverage applies if you’re involved in an accident where the at-fault driver either has no insurance or insufficient insurance to cover your damages. In Texas, UM/UIM coverage is an optional addition to your auto insurance policy, but it is highly recommended. If you’ve opted for this coverage, it can help pay for your medical expenses, lost wages, property damage, and other losses resulting from the accident. At The Law Offices of David Kohm, we can review your policy to confirm if this coverage is available to you and how it applies to your case.

What is the process for filing a claim under my UM/UIM policy?

Filing a UM/UIM claim involves the following steps:

Report the Accident to Your Insurer: Notify your insurance company as soon as possible after the accident, providing all necessary details.
Provide Evidence: Submit evidence, such as the police report, medical records, repair estimates, and proof that the other driver is uninsured or underinsured.
Cooperate with the Investigation: Your insurer will investigate the claim, including determining the extent of your damages and the other driver’s lack of insurance.
Negotiate the Settlement: Work with your insurer to reach a fair settlement. If disputes arise, an attorney can help ensure you’re not shortchanged.
File a Lawsuit if Necessary: If your insurer denies the claim or offers an inadequate settlement, you may need to pursue legal action.

The attorneys at The Law Offices of David Kohm can assist you throughout this process, ensuring all deadlines are met and your rights are protected.

Will filing a UM/UIM claim affect my insurance rates?

In most cases, filing a UM/UIM claim should not result in an increase in your insurance premiums because the accident was not your fault. However, policies and practices vary between insurers, and some may still adjust rates after any claim is made. It’s important to consult with your attorney and insurance provider to understand the specifics of your policy. The Law Offices of David Kohm can help you handle the claim process and minimize any potential negative impact on your premiums.

What evidence do I need to prove my claim in an uninsured accident case?

To prove your claim in an uninsured accident case, you’ll need the following key pieces of evidence:

Police Report: Official documentation of the accident and confirmation that the at-fault driver is uninsured.
Photographic Evidence: Photos of the accident scene, vehicle damage, and any visible injuries.
Witness Statements: Testimonies from bystanders who observed the accident.
Medical Records: Detailed records of your injuries and associated medical expenses.
Repair Estimates: Documentation of property damage, including repair or replacement costs.
Insurance Communication: Proof of the other driver’s lack of insurance, such as a denial of coverage from their insurer.
The Law Offices of David Kohm can help you gather and organize this evidence to strengthen your claim.

Do I need a lawyer to handle an uninsured motorist claim?

While you’re not legally required to hire a lawyer for an uninsured motorist (UM) claim, having experienced legal representation can significantly improve your chances of a fair settlement. Insurance companies often try to minimize payouts, even under your UM/UIM coverage. A lawyer can:

Negotiate with your insurer to ensure you receive the maximum compensation.
Handle all legal and procedural complexities, saving you time and stress.
Protect your rights if the insurance company denies your claim or offers a low settlement.
At The Law Offices of David Kohm, our skilled attorneys specialize in handling UM claims and can advocate for your best interests.

How long do I have to file a claim or lawsuit in Texas?

In Texas, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This same time frame generally applies to uninsured motorist claims. However, insurance policies may have specific deadlines for reporting and filing claims, which could be much shorter. Acting quickly is crucial to preserving your rights and ensuring compliance with all deadlines. The Law Offices of David Kohm can guide you through this process and ensure your claim is filed on time.

What if I can’t afford to pay for medical expenses upfront?

If you can’t afford to pay for medical expenses upfront after an uninsured accident, several options are available:

Health Insurance: Use your health insurance to cover initial medical costs, which can later be reimbursed from your settlement.
Medical Liens: Many healthcare providers will treat you on a lien basis, meaning they agree to be paid out of your settlement.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: If you have this coverage, it can help cover your medical expenses without requiring upfront payment.
Legal Assistance: The Law Offices of David Kohm can work with medical providers to ensure you receive the treatment you need without immediate financial strain.

How does Texas’ comparative fault rule impact my uninsured accident case?

Texas follows a modified comparative fault rule, meaning your compensation can be reduced by your percentage of fault in the accident. If you’re found to be more than 50% at fault, you cannot recover damages. For example, if you’re awarded $20,000 but found 25% at fault, you would receive $15,000.
In uninsured accident cases, the comparative fault rule applies to determine how much compensation you can recover under your UM/UIM coverage or through legal action. The Law Offices of David Kohm will help gather evidence to minimize your percentage of fault and maximize your recovery.

Can a lawyer help me negotiate with my insurance company?

Yes, a lawyer can play a crucial role in negotiating with your insurance company. Insurers often aim to minimize payouts, even under your own UM/UIM policy. An experienced attorney can:

Review your policy to ensure you understand your coverage.
Collect and present evidence to support your claim.
Negotiate aggressively to secure a fair settlement.
Represent you in court if the insurer denies your claim or offers an unfair amount.

The Law Offices of David Kohm has extensive experience handling uninsured motorist claims and negotiating with insurance companies to achieve the best possible outcomes for our clients.

What happens if the uninsured driver fled the scene (hit-and-run)?

If the uninsured driver fled the scene of the accident (a hit-and-run), you may still recover damages through your uninsured motorist (UM) coverage if you have it as part of your auto insurance policy. UM coverage is specifically designed to protect you in situations where the at-fault driver cannot be identified or lacks insurance.

Key steps include:

File a Police Report: Report the hit-and-run to the police immediately. A police report is often required to file a UM claim.
Notify Your Insurance Company: Inform your insurer of the accident and initiate a UM claim.
Seek Legal Advice: At The Law Offices of David Kohm, we can help you navigate the complexities of a hit-and-run case and ensure you receive the compensation you deserve.

Can I still recover damages if I was a passenger in an uninsured car?

Yes, you can still recover damages if you were a passenger in an uninsured car. Your options include:

Your Own UM/UIM Coverage: If you have uninsured/underinsured motorist coverage, you can file a claim under your policy.
Driver’s UM/UIM Coverage: If the driver of the uninsured car has UM/UIM coverage on another vehicle, it may extend to your accident.
At-Fault Driver’s Liability: If the at-fault driver in the accident is insured, you can file a claim against their policy.

The attorneys at The Law Offices of David Kohm can evaluate your situation and identify the best path to recover damages as a passenger.

How does it work if I was driving a borrowed or rented car at the time of the accident?

If you were driving a borrowed or rented car at the time of the accident, the following applies:

Borrowed Car: The insurance policy of the vehicle owner typically covers the accident first. If the owner’s policy does not provide sufficient coverage, your own insurance policy (including UM/UIM coverage) may apply.
Rented Car: Rental car companies usually offer optional insurance coverage at the time of rental. If you declined this coverage, your personal auto insurance policy, including UM/UIM coverage, would apply.

Regardless of the situation, The Law Offices of David Kohm can help determine which insurance policies are applicable and assist in filing claims to recover the damages you’re entitled to.

Take action today. Contact us online or call the Law Offices of David S Kohm for a free review of your case.

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