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Uninsured/Underinsured Motorist Car Accident Claims in Texas

Everything about a car accident is an upsetting and disturbing experience. The crash, the alarming injuries, the painful medical treatment, and dealing with the legal aspects of recovering compensation for common damages like property damage, medical expenses, lost income, and pain and suffering. The distress of a car accident claim only increases when you learn that the negligent driver responsible for your accident doesn’t have enough insurance to cover your losses or—worse—that they have no car insurance at all.

The Texas Department of Insurance estimates that as many as 12 percent of vehicles registered in Texas are not matched with an insurance policy – that’s over 2.6 million vehicles in total.

What do you do in a fault-based insurance state like Texas when an uninsured or underinsured motorist causes your accident? Turning to a skilled Texas car accident lawyer with years of experience with uninsured/underinsured motorist claims is the best way to move forward.

What Happens After an Accident With an Uninsured or Underinsured Motorist?

Like the majority of states, Texas is a fault-based insurance state that requires car accident victims to file claims for compensation against the at-fault party’s insurance company. If they have no insurance or their policy is inadequate for your damages, you can still recover compensation from your own auto insurance. Insurance companies in Texas are required by law to offer this coverage to policyholders. However, customers are not required to accept it or add the coverage.

After learning that the driver responsible for your car accident doesn’t have adequate insurance, you must contact your auto insurer and report the accident you had with the uninsured motorist. However, be aware that insurance companies place their profits as their highest priority and assign an adjuster to every case. The adjuster’s job is to find ways to minimize the amount they have to pay out or to deny the claim completely. Insurance companies especially dislike paying out on expensive injury claims when the at-fault party wasn’t their client but an uninsured motorist. Be prepared for delays, avoidance tactics, lowball settlement offers, and unfair denials of your valid claim.

The best way to ensure prompt action on your uninsured motorist accident claim is to hire an experienced attorney to handle the legal aspects of your accident while you focus on healing from your injuries.

How Can a Car Accident Attorney Help With Your Uninsured Motorist Claim?

Your car accident lawyer will investigate the accident and document evidence proving that you were not responsible for the accident and that the at-fault driver did not carry insurance or was underinsured to cover your damages from the accident. Then, your lawyer will carefully calculate your damages so you can recover the maximum amount of compensation available from your uninsured/underinsured motorist policy. Your car accident lawyer will have to provide evidence of your expenses including medical costs and lost income as well as property damage to your vehicle. Your lawyer will also protect you against common insurance company practices such as offering you a fast, lowball settlement amount before you know the extent of your damages or endlessly delaying the claim process to wear you down into accepting a smaller settlement amount than you’re due.

Finally, a skilled car accident lawyer makes sure you don’t make common mistakes that could invalidate your claim such as failing to ask the underinsured motorist insurance company’s permission before settling the claim with the at-fault driver or a third party.

All car accident claims are complex in fault-based insurance states like Texas, but a claim against an uninsured/underinsured motorist policy takes extra diligence and careful handling to protect your rights.

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