Underinsured/Uninsured Motorist Claims

Many automobile accident result in claims that allow recovery under the Underinsured/Uninsured coverage onyour own automobile. This coverage is very important to protect your right of recovery in the event you or a family member is insured as a result of the fault of a driver with no insurance to pay your damages or in the event the at fault driver has inadequate coverage to pay for your injuries. 

There are important provisions in your automobile policy that you must comply with in order to protect your right of recovery in an Underinsured/Uninsured Motorist Claim.  If you fail to comply with the terms of your policy, your own insurance carrier may reject your claim.  

The Underinsured/Uninsured coverage under your policy allows you to recover damages for lost wages, lost wage earning capacity, pain and suffering, physical impairment, physical disfigurement, medical bills in the past and medical bills in the future.  Our office will evaluate both the liability issues and the damage issues if you have an Underinsured/Uninsured Motorist claim. 

In the event the at fault driver is uninsured, you may still be able to seek a recovery against the at fault driver.  There are legal mechanisms in place that may allow you to seek to have the State of Texas suspend an uninsured motorist's driver's license. 

An example of an Uninsured Motorist Claim is where the at fault driver does not carry liability insurance.  In these situations, if you carry Uninsured coverage on your own automobile insurance policy, your coverage will basically step in and cover the at fault driver.  In these situations, your insurance carrier may defend the liability against the at fault driver and may defend or contest your injury and damages.  Our office will evaluate your personal injury damages and the liability facts and present them to the insurance carrier on your behalf. 

An example of an Underinsured Motorist Claim is where the at fault driver carries liability insurance, but the coverage limits are not enough to pay your claim.  In this situation, your Underinsured coverage with your own insurance carrier will be available to cover damages in excess of the primary coverage with the at fault driver up to the coverage limits that you carry on your policy. 

Texas imposes time deadlines on claimant's claiming damages under Uninsured and Underinsured Motorist Claims.  If you fail to present your claim in a timely fashion, it may prevent you from recovery.  Our office will evaluate deadlines applicable to your Underinsured or Uninsured Motorist claim.