Dealing with the financial fallout from a car accident is difficult enough, but facing medical bills and other expenses alone because the other driver lacks proper insurance coverage adds insult to injury.
If you were recently involved in a crash in Houston where the at-fault party did not have auto insurance or had inadequate policy limits, you may be wondering what options are available to rightly seek compensation for your losses.
In this article, we will examine what Texas’ uninsured/underinsured motorist laws provide to offer you some protection and recourse in such unfortunate situations. We’ll outline how these coverage types work, how a Houston car accident lawyer can help, and your rights to compensation, even if liability is clear.
Understanding Uninsured/Underinsured Motorist Coverage
The first step is to gain an understanding of uninsured vs. underinsured motorist insurance coverage and what it means to you.
What is Uninsured Motorist Coverage?
Uninsured motorist coverage provides compensation if you are in an accident caused by a driver without insurance. This coverage is mandatory on all Texas auto insurance policies.
What is Underinsured Motorist Coverage?
Underinsured motorist coverage activates if the at-fault driver has insurance but with policy limits too low to fully reimburse your total damages from the wreck. It pays out up to the limit you purchase.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationFiling a Houston Uninsured/Underinsured Motorist Claim
Here are some of the key considerations when filing a case after an uninsured underinsured car accident:
Establishing Fault and Damages
To receive payment from your own insurer, fault against the uninsured/underinsured driver must be clear through a police report and evidence like witness statements. Damage costs must also be proven through bills and estimates.
Following Claim Procedures
Notifying your insurer and submitting required documentation like accident and medical records is important to adhere to timelines. Missing deadlines can result in claim denial or harder negotiations later on.
Valuing a Full Compensation Package
To obtain fair reimbursement for all losses, an attorney ensures damages such as missed wages, disability accommodations, long-term medical treatment, and pain/suffering are accounted for when demanding policy limits.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationHiring an Attorney in Houston for Your Car Accident Claim
There are several benefits a personal injury lawyer can offer. A lawyer can help you by:
Maximizing Settlement Prospects
An experienced Houston car accident lawyer boosts claim strength with aggressive fault-establishing investigations and medical evidence reviews that counter insurer lowball tactics.
Avoiding Insurer Runarounds
Insurers often stall or deny claims, counting on victims giving up from financial stress, fatigue, or lack of knowledge. An attorney ensures you understand your rights, defends your claim aggressively, and can pursue legal action or possibly sue the insurance company if needed.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationWhat Are Some Common Arguments Insurance Companies May Make in Response to an Uninsured or Uninsured Motorist Claim?
Here are some potential counter-arguments insurers may use in uninsured/underinsured motorist claims:
- Questions of liability: They may dispute who was at fault or the contribution of another vehicle/party to confuse responsibility.
- Causation doubts: Insurance medical experts could suggest injuries pre-existed or were caused by other incidents/illnesses.
- Comparative negligence: If a plaintiff’s behavior, like speeding, contributed in any way, compensation may be reduced accordingly.
- Pre-existing conditions: Insurers aim to deduct the costs of any prior injuries or illnesses from the claim valuation.
- Injury exaggeration: They could argue injuries/treatments are not solely required due to the accident. Over-treatment is alleged.
- Mitigation failure: If the injury victim did not properly follow medical advice, the insurer may blame the victim for failing to take proper steps to mitigate the condition
- Speculative damages: Insurers may try lowering payouts for hard-to-prove claims like future lost wages or pain/suffering.
- Settlement precedent: Lower offers are suggested based on discounting similar past accident case results.
- Policy limits leverage: Near-limits offers may be made in an attempt to end the claim in exchange for not accessing full available compensation.
Understanding these tactics helps attorneys strategize rebuttals strengthening uninsured/underinsured motorist cases. With help from a Houston car accident attorney, you have a way to fight and overcome these types of obstacles and challenges.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationContact Us to Learn About How We Can Help
Our goal is to inform you of potential avenues for recouping damages so you can focus on healing without that added source of stress. By seeking representation for your legal rights, you can make arrangements for your care and recovery costs.
Zinda Law Group has extensive experience handling uninsured and underinsured motorist claims on behalf of injury victims. Learn more about how we may be able to help you with a free case evaluation.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
