Uninsured and Underinsured Accident

accident flipped car

After another driver hits you in San Antonio, you may discover that they don’t have insurance or that they don’t have sufficient coverage to fully compensate you for your losses. However, even if you can’t secure the full amount you’re owed from the at-fault driver, you still have options for getting the compensation you are entitled to. A San Antonio uninsured and underinsured motorist lawyer from Law Offices of Troy A. Brookover can evaluate your options and help you pursue the maximum amount of compensation you’re owed.

For more than 30 years, Troy has guided clients through some of the most difficult and complex injury claims filed in San Antonio, Central, and South Texas. Whatever your circumstances may be, if you choose to work with us, we will fight hard to secure a favorable result. We have a reputation as one of the premier personal injury firms in Central-South Texas and have successfully handled thousands of cases. Troy A. Brookover has extensive experience with insurance defense, so he understands how insurance adjusters approach and evaluate cases. He is also Board Certified “by the Texas Board of Legal Specialization, which is a distinction that less than 7 percent of attorneys practicing in Texas have been granted. With our firm in your corner, you will have an edge in dealing with insurers as we pursue the compensation you deserve.

If an uninsured or underinsured motorist (UM / UIM) caused an accident in which you were injured, you need to know your options for obtaining compensation for your medical bills, your repair costs, your lost income, and your other related losses. Contact Law Offices of Troy A. Brookover today for a free initial case evaluation and to speak with a reputable San Antonio uninsured and underinsured motorist lawyer about your rights.

How a San Antonio Car Accident Lawyer Can Help with a Uninsured and Underinsured Claim

if you’ve been hurt in an accident caused by an uninsured or underinsured motorist, Law Offices of Troy A. Brookover can help you get the compensation you deserve by:

  • Recovering evidence from the accident scene that can prove the other driver caused the crash
  • Evaluating your legal options for seeking financial recovery, including determining your eligibility to file an uninsured or underinsured claim with your insurance company
  • Calculating the full extent of your past, ongoing, and future losses from the car accident to demand full compensation on your behalf
  • Filing your claims for compensation with insurance companies and vigorously pursuing full financial recovery through a settlement of your claim
  • Pursuing your rights in court if your insurer has denied your UM / UIM claim in bad faith

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage, or UM coverage, is a type of insurance coverage added to basic car insurance coverage policies. With this coverage, your insurance company should step in to compensate you for expenses and losses for which the negligent driver is liable but is unable to pay. This coverage should provide you with money up to the policy limits. Uninsured motorist coverage is triggered when a negligent driver does not have liability insurance or when a driver flees the scene of the accident and cannot be identified or located.

Is Uninsured Motorist Coverage Required in San Antonio?

Texas law requires all drivers to maintain an auto insurance policy that meets certain requirements, including minimum liability and personal injury protection coverage. Texas auto insurers are also required to offer uninsured motorist coverage to all policyholders, equal to the level of bodily injury liability coverage that the policyholder has purchased. However, policyholders have the option of declining such coverage or purchasing a UM policy limit lower than that of their bodily injury liability coverage amount by submitting a form to their insurer.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage, or UIM coverage, is triggered if you are injured and a negligent driver’s liability insurance policy coverage is not enough to fully compensate you for your losses. Because the negligent driver’s insurance coverage provides you with some compensation but not sufficient compensation, they are considered underinsured rather than uninsured. With underinsured motorist coverage, your insurance company steps in to compensate you for the difference between the at-fault driver’s policy limit and your actual losses, up to your own UIM policy limit.

Note that some auto insurance policies only allow underinsured motorist coverage to be triggered when your UIM coverage limits exceed the bodily injury liability coverage limits of the at-fault driver. So, if you only have the minimum coverage limits required by law and you are hit by a driver who has higher bodily injury liability coverage, you may be ineligible to obtain compensation through your UIM policy. If this all sounds overwhelming, that’s okay. We can explain your case value, coverage, rights, and options in detail.

Does San Antonio Require Underinsured Motorist Coverage?

As with uninsured motorist coverage, Texas law requires insurers to offer policyholders underinsured motorist coverage equal to their bodily injury liability coverage limit when they purchase a car insurance policy. But, drivers have the right to reject underinsured motorist coverage in writing or to request a lower coverage limit.

Why You Need Underinsured or Uninsured Motorist Coverage

Although Texas law gives you the option of declining uninsured and underinsured motorist coverage when you purchase or renew a car insurance policy, we recommend that you keep the full coverage for several reasons. First, underinsured motorist coverage may help maximize your compensation if you’re injured by an underinsured driver. Many Texas drivers only carry the minimum liability insurance coverage required by state law. Texas drivers only need to have bodily injury liability coverage of $30,000 per person, $60,000 per accident, and property damage liability coverage of $25,000 per accident. In the wake of a serious car crash, these policy limits may be quickly exhausted, leaving some of your expenses and losses uncompensated. With underinsured motorist coverage, you may be able to recover far more compensation than you otherwise would from an underinsured driver.

Second, some drivers choose to drive without the required liability insurance, either because they do not realize that their prior insurance policy has lapsed or because they simply cannot afford to purchase auto liability insurance. When you have uninsured motorist coverage, you are guaranteed to recover compensation if an uninsured driver injures you in an accident. Uninsured and underinsured motorist coverage typically represents only a small fraction of your overall insurance premium, so the small added cost of coverage can provide you with important protection.

What to Do If You’ve Been Hurt in an Accident Caused by an Uninsured or Underinsured Driver

If you have been involved in an accident with an at-fault uninsured or underinsured driver, you should take the following steps to protect your rights to pursue compensation for your injuries and losses:

  • Take photos and videos of the crash scene, as doing so will help us to piece together what happened in the moments leading up to the crash, as well as the crash itself.
  • Connect with us quickly so that we can begin negotiating with insurance providers on your behalf.
  • Get checked for injuries. Not only does this ensure that you get important medical care, but it creates a document trail that quantifies the losses you have suffered.
  • Follow through on recommended treatment for your injuries.
  • Keep bills, invoices, receipts, and pay stubs or income statements to document the losses you incurred as a result of the accident.

Finally, if you haven’t already scheduled a risk-free consultation to speak with a San Antonio uninsured and underinsured motorist lawyer from Law Offices of Troy A. Brookover to start the process of recovering the compensation you need in a UM/UIM claim, please do so now.

Potential Compensation from a Uninsured or Underinsured Motorist Claim

If you have the option of filing an uninsured or underinsured motorist claim, you could recover compensation for a wide range of losses that you’ve suffered as a result of the accident. UM/UIM coverage can provide you with financial recovery for losses including:

  • The costs of medical treatment and rehabilitation of injuries you suffered in the crash
  • The costs of long-term care needed for permanent disabilities that result from your injuries
  • Any loss of income and employment benefits suffered if you have needed to take time off to recover from your injuries
  • Pain and suffering
  • Reduced quality of life from disabilities or permanent scarring and disfigurement
  • Costs to repair your vehicle that was damaged in the accident or reimbursement for its pre-accident value if it was totaled