Auto Accident Uninsured or Underinsured Motorist Coverage in Texas
Required by Law to Have Insurance in Texas
Accidents in Houston are not an uncommon sight. Although it is Texas law for drivers to have insurance, many drivers take the risk and go without it. What happens if you are involved in an accident with a driver who either doesn’t have insurance or has just a minimum insurance policy?
In Texas, it is a requirement that insurance companies offer uninsured and underinsured motorist coverage. It is highly recommended that you add this type of coverage to your insurance plan because the odds of you getting into an accident with a driver who is uninsured or underinsured in Houston is significant.
Benefits of Uninsured/ Underinsured Insurance Claims
Uninsured Motorist (UM) coverage benefits you if you are ever in an accident with someone who does not have insurance but is at fault for the accident. It is a requirement that the vehicles make contact for this coverage to kick in. UM coverage also protects you when involved in a hit and run accident where the other driver is at fault.
When is Underinsured Motorist (UIM) coverage is applied?
Underinsured Motorist (UIM) coverage is applied when the driver of the vehicle that is at fault does not have adequate coverage for all of that damages you have suffered. UIM is added on top of the driver at fault’s liability coverage up to the cost of your damages, but never above the UIM policy limits.
Getting the Benefits of Uninsured Motorist Claims
Case law that holds precedent places the burden on the plaintiff (victim of the accident) to prove their damages in court before the UM/UIM carrier has to pay.
The two elements of meeting this burden are:
- The insured must prove fault by the underinsured/ uninsured motorist
- The insured must prove damages.
This basically means that you must prove fault and damages before the insurance company pays out on your claim.
Contact an Experienced Houston Car Accident Attorney
The fact is people who hire experienced car accident attorneys get more money for their claims than those who don’t. Insurance Research Council says those who hire council to work on their claim receive up to 40% more for their car accident claims. Set up a free consultation with the at Pusch & Nguyen Law Firm by calling (713) 524-8139 or by going online. Your legal options will be laid out in a clear manner so you can choose how you would like to proceed.