What to Know About Uninsured Motorist Claims in Texas

There are many more uninsured drivers on the road than most people realize. The Insurance Information Institute (III) estimates that 14.5 percent of drivers in Texas are uninsured. Navigating an uninsured motorist claim can be challenging. It is crucial that you know your rights and your options. Here, our Houston uninsured motorist attorney provides a comprehensive guide to uninsured motorist claims in Texas.

Your Own UM/UIM Coverage Is the Foundation of the Claim

Texas is a fault-based motor vehicle accident state. You can hold an uninsured driver personally liable for a crash caused by their negligence. However, these drivers rarely have sufficient (or any) assets through which you can recover.

In Texas, uninsured motorist (UM) and underinsured motorist (UIM) coverage is optional, but insurers must offer it in writing. If the insured rejects it, the rejection must be properly documented under the Texas Insurance Code.

When a crash is caused by an uninsured driver, the injured person turns to their own UM policy for compensation. The coverage steps into the shoes of the at-fault driver and pays for damages the uninsured motorist should have covered.

UM/UIM policies apply only if the injured party proves that the uninsured driver was legally responsible for the crash. That means the claimant must still establish liability, causation, and damages, exactly as they would in a standard negligence case. 

Note: In some uninsured motorist cases, you may also have a claim against a negligent third party. For example, if you were hit by an uninsured driver but your crash was made worse by a vehicle defect, you may also have a product liability claim against a vehicle manufacturer. 

You Must Prove Legal Liability and Damages Just as in a Traditional Injury Claim 

Texas Insurance Code requirements do not allow UM/UIM claims to be paid automatically. The claimant must show that the uninsured driver was negligent. It typically involves evidence such as crash reports, witness statements, photographs, traffic-camera footage, and medical records. Texas follows a modified comparative negligence standard. If the claimant is more than 50 percent at fault, UM benefits are barred entirely. A claimant who is partially at fault may still recover, but the award is reduced by their percentage of responsibility.

UM/UIM coverage can compensate for medical bills, lost wages, property damage, pain and suffering, and long-term impairment. However, insurers frequently dispute causation or argue that treatment was excessive. Strong documentation and medical support are essential. If the uninsured driver fled the scene, the claimant may still recover under UM coverage, but Texas requires independent corroborating evidence of the hit-and-run. 

Call Our Houston Uninsured Motorist Lawyer Today

At Henrietta Ezeoke Law Firm, our Houston car accident attorney has extensive experience handling uninsured motorist claims. If you were hurt in a crash with an uninsured driver, we are more than ready to help. Please call us now or contact us online for a free consultation. From our Missouri City law office, we handle uninsured motorist claims in Houston and all across Southeast Texas.

Source:

iii.org/fact-statistic/facts-statistics-uninsured-motorists