This is the fifth post in our series on dealing with car collisions in Fort Worth, Texas. Our last article provided information on proving liability and damages at trial. We also discussed the need to preserve evidence immediately after a car accident. In this article, we will discuss cases in which the defendant was uninsured or underinsured. A personal injury attorney can assist you in dealing with your own insurance carrier. Contact a lawyer immediately if you need to file an uninsured or underinsured motorist claim.
The state of Texas requires that all motorists have car or automobile liability insurance. This level of coverage ensures that a driver will be able to cover another person’s expenses if an accident occurs. The minimum coverage is $25,000 per injured person and at least $50,000 for all persons injured in the same incident. However, the truth is, some drivers simply do not have enough coverage to adequately compensate a victim or they do not have insurance at all. In some cases where a driver is found liable, but is underinsured, he or she must still pay for the victim’s injuries. However, when one is injured by an uninsured or underinsured driver, a claim may be made to the injured driver’s insurance company. This is because Texas requires all insurance companies to maintain uninsured or underinsured coverage. This essentially means that those who have insurance will still be covered in an accident, even if the other driver is uninsured or underinsured. For example, suppose the defendant has been awarded $50,000 in damages, but the his or her coverage only allots $40,000 per individual. That leaves a $10,000 difference. If the injured driver’s policy has a underinsured or uninsured limit of at least $10,000, then his or her insurance company would cover that difference. Litigating a UM/UIM claim against one’s own carrier can be complicated. This is why it is important to contact a personal injury lawyer immediately after an accident. An experienced attorney can analyze these matters for you early on in the process and help to ensure that your insurance company pays you the amount you deserve.
Remember that all hope is not lost if the defendant in a car collision is underinsured or uninsured. Since Texas mandates that insurance companies offer their clients coverage for these situations, any damages you may suffer should be able to be covered by your insurance. Retaining counsel can help to ensure that your own insurance company and the defendant fulfill their respective obligations. Furthermore, an experienced lawyer can help to ensure that your rights as a victim remain protected and that a favorable resolution can be obtained. If you or a loved one has been the victim of a car accident in Fort Worth, Dallas, or elsewhere in Texas, and you believe that the other driver may be uninsured or not insured at all then contact a lawyer immediately.