Most drivers assume that if another motorist causes an accident, the at-fault driver's insurance will cover the damages. Many people are surprised to learn that the driver who caused the crash may not carry enough insurance to cover those losses fully.
In Texas, serious car accidents often result in medical expenses, lost income, rehabilitation costs, and other damages that exceed the limits of insurance coverage available from the at-fault driver. When this happens, injured victims may need to turn to their own insurance policy for additional protection through underinsured motorist coverage.
Understanding how underinsured motorist claims work can help drivers better protect themselves and their families after a serious collision.
What Is Underinsured Motorist Coverage?
Underinsured motorist (UIM) coverage is designed to help when the driver who caused the accident does not carry enough insurance to compensate the injured party for their losses fully.
For example, imagine a driver suffers severe injuries in a crash and incurs substantial medical bills, lost wages, and ongoing treatment costs. If the at-fault driver's insurance policy is insufficient to cover those damages, underinsured motorist coverage may help cover the remaining losses.
This coverage is purchased through your own insurance policy and is intended to provide an additional layer of financial protection when another driver's insurance falls short.
Why Underinsured Motorist Coverage Matters
Serious injuries can quickly become expensive.
Emergency medical care, surgeries, hospital stays, physical therapy, prescription medications, and lost income can create significant financial burdens for accident victims and their families.
While Texas requires drivers to carry minimum liability insurance, those minimum limits may not be enough to cover the full extent of damages in a serious accident.
As a result, injured individuals may find that the at-fault driver's insurance coverage is insufficient to compensate them for their losses fully.
Underinsured motorist coverage can help provide access to additional compensation when available damages exceed the responsible driver's policy limits.
Common Situations Where UIM Coverage May Apply
Underinsured motorist claims can arise in a variety of situations.
Examples may include:
In each of these scenarios, the damages suffered by victims may substantially exceed the insurance coverage carried by the at-fault driver.
Does Filing a UIM Claim Mean You Are Suing Your Own Insurance Company?
Many people are surprised to learn that pursuing underinsured motorist benefits may involve negotiating with their own insurance carrier.
Although you have paid premiums for the coverage, your insurance company may still require proof regarding liability, damages, and the value of the claim before paying benefits.
Like any insurance claim, disputes can arise regarding:
- The severity of injuries
- The amount of damages
- Future medical expenses
- Lost earning capacity
- Whether the claim qualifies for coverage
For this reason, underinsured motorist claims can sometimes become more complex than accident victims initially expect.
What Compensation May Be Available?
The compensation available through a UIM claim depends on several factors, including the policy terms and the circumstances of the accident.
Depending on the situation, compensation may help address damages such as:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of future earning capacity
- Physical pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
Every case is unique, and the available recovery will depend on the specific facts involved.
Why Timing Matters After an Accident
Underinsured motorist claims often involve important procedural requirements.
Accident victims may need to notify their insurance company, preserve evidence, document their injuries, and carefully evaluate settlement offers from the at-fault driver's insurer before pursuing UIM benefits.
Taking certain actions too early or accepting a settlement without fully understanding the available coverage could potentially affect a future claim.
For that reason, it is often beneficial to understand all available insurance options before solving a serious injury case.
Understanding Your Rights After a Serious Texas Car Accident
Many drivers purchase insurance hoping they will never need it. Unfortunately, serious accidents can reveal just how quickly medical expenses and other losses can exceed the limits of an at-fault driver's policy.
Underinsured motorist coverage can provide important protection when a serious accident results in damages that exceed the at-fault driver's insurance limits. If you have questions about your coverage or your legal options after a Texas car accident, McCraw Law Group offers free consultations to help accident victims make informed decisions about their next steps.