How Does Uninsured Motorist Coverage Work in Texas?
Were you hurt in a crash with an uninsured driver? You may have a claim through your uninsured motorist policy. At Henrietta Ezeoke Law Firm, we have the skills and experience to handle uninsured motorist claims. Here, our Houston uninsured motorist attorney provides a comprehensive guide to uninsured motorist coverage in Texas.
What is Uninsured Motorist Coverage?
Simply stated, uninsured motorist coverage is a type of first party insurance coverage that provides protection if you are hit by a driver who does not have adequate (or any) liability coverage. As there are many uninsured drivers on the road in Southeast Texas, uninsured motorist coverage is a very important form of protection. It will give you an option for benefits if an uninsured driver causes your traffic collision.
Know the Statutory Basis for Uninsured Motorist Coverage is Texas
Uninsured motorist coverage in Texas is governed primarily by Texas Insurance Code § 1952.101 through § 1952.110. The statute requires insurers to offer uninsured and underinsured motorist coverage in every automobile liability policy issued in the state. Coverage applies unless the insured affirmatively rejects it in writing. Absent a valid written rejection, uninsured motorist coverage is implied as a matter of law in our state. Texas courts strictly construe rejection requirements against insurers, and defective or missing rejection forms frequently result in coverage disputes.
Key Point: Uninsured motorist coverage protects insureds who suffer damages caused by drivers who carry no liability insurance, carry insurance below statutory minimums, or flee the scene and cannot be identified. Texas law treats uninsured motorist claims as contractual claims with embedded tort elements.
What You Need to Prove to Bring an Uninsured Motorist Claim in Texas
To recover uninsured motorist benefits in Texas, the insured bears the burden of proving four elements. You should be prepared to show all of the following things:
- You have a valid uninsured motorist policy that is in effect at the time of the crash;
- The at-fault driver was uninsured or qualifies as uninsured under the policy and statute;
- That uninsured driver’s negligence proximately caused your crash;
- You sustained compensable damages.
What to Know About Coverage Limits, Stacking, and Offsets in Uninsured Motorist Cases
Uninsured motorist coverage limits in Texas typically mirror liability limits unless higher limits are purchased. Texas permits stacking of uninsured motorist coverage only when multiple policies apply to the same loss and stacking is not contractually prohibited. If you have any questions about an insurance stacking case or an anti-stacking policy, our Houston, TX uninsured motorist lawyer can help you seek the maximum financial support.
Contact Our Houston Uninsured Motorist Lawyer for a Free Case Review
At Henrietta Ezeoke Law Firm, our Houston car accident attorney has the skills and experience to handle uninsured motorist claims. If you have any questions about uninsured motorist cases, please call us now or contact us online to set up your free, no obligation case review. Our firm handles uninsured motorist claims in Houston, Sugar Land, and throughout Southeastern Texas.
