Houston Uninsured and Underinsured Motorist Lawyer
Hit by an Uninsured or Underinsured Driver in Houston? Your Own Policy May Be the Recovery Path.
Texas has one of the highest rates of uninsured drivers in the country, and minimum liability coverage of $30,000 per person is frequently insufficient when serious injuries are involved. When the at-fault driver has no insurance or too little insurance, your own uninsured and underinsured motorist coverage may be the primary or supplemental recovery mechanism. Filing a UM/UIM claim means claiming against your own insurer, which creates a different dynamic than a third-party claim, your own insurer has incentive to pay as little as possible while maintaining the appearance of good faith. Settlement values in UM/UIM cases are bounded by the policy limits on your own coverage. Adley Law Firm is a Houston personal injury firm. Call (713) 999-8669 for a free consultation.
Texas UM/UIM Coverage, How It Works
Uninsured and Underinsured Motorist Coverage in Texas
Texas Insurance Code Chapter 1952 requires auto insurers to offer uninsured and underinsured motorist coverage when selling liability policies. You can decline this coverage in writing, but if you did not reject it in writing, it should be included in your policy. UM coverage pays when the at-fault driver has no insurance. UIM coverage pays when the at-fault driver has insurance but their policy limits are insufficient to cover your full damages.
For a UIM claim to trigger, the at-fault driver’s liability policy must typically be exhausted first. This means their insurer pays its full policy limits before your UIM coverage becomes available to cover remaining damages above that amount, up to your own UIM policy limits. The process requires coordination between the two claims.
A critical distinction with UM/UIM claims is that your own insurer is on the other side of the negotiation. You pay premiums to this company, but when it comes to a UM/UIM claim, it functions as an opposing party evaluating how little it can pay while staying within its contractual and regulatory obligations. Texas has bad faith insurance laws that may apply when an insurer unreasonably denies or delays a valid UM/UIM claim.
Texas Has One of the Highest Uninsured Driver Rates in the Country
The Insurance Research Council has consistently found Texas among the states with the highest percentage of uninsured drivers. In Houston, traffic density and the mix of registered and unregistered vehicles means a meaningful share of drivers on any given road may be uninsured or carrying only minimum limits. Checking your own UM/UIM coverage limits is important before a crash, not after.
UM/UIM Coverage Details and Claim Process
How UM/UIM Claims Work in Texas
These facts come from Texas Insurance Code requirements and standard UM/UIM policy terms. They explain the mechanics of these claims and what to expect when pursuing them.
The bad faith framework is particularly relevant in UM/UIM claims because the insurer handling the claim is the same company you pay premiums to. Texas courts have held that UM/UIM insurers owe their own insureds a duty of good faith and fair dealing. When an insurer denies a valid claim without reasonable basis or delays payment without explanation, the insured may have a claim for bad faith in addition to the underlying UM/UIM coverage claim.
UM vs. UIM, Key Distinctions
Uninsured vs. Underinsured, What Each Covers
UM and UIM coverage address different situations and have different triggering conditions.
Steps for a Houston UM/UIM Claim
Locate Your Policy and Confirm UM/UIM Coverage
Check your auto insurance declarations page for UM/UIM coverage and the policy limits. If you are unsure whether you have UM/UIM, contact your insurer or insurance agent and ask specifically about those coverages.
Notify Your Own Insurer Promptly
Report the crash to your own insurer, including that the at-fault driver appears to be uninsured or underinsured. Prompt notice is typically required by the policy. Ask your insurer to open a UM or UIM claim.
Establish the At-Fault Driver’s Coverage Status
For a UM claim, you need to confirm the at-fault driver has no insurance. For a UIM claim, you need to confirm their policy limits. A police crash report listing insurance information and direct verification from the at-fault driver’s insurer are the standard methods.
Build the Full Damages Record
UM/UIM claims are negotiated on the same basis as third-party liability claims. The medical record, imaging, treatment course, lost wages, and non-economic damages documentation all support the UM/UIM settlement negotiation.
Contact Adley Law Firm
Call (713) 999-8669. We can review your coverage and the circumstances of the crash and help you understand what a UM/UIM claim may involve.
What You May Be Able to Recover
Compensation in Texas UM/UIM Cases
UM/UIM coverage may compensate injured people for the same categories of damages as a third-party liability claim, up to the applicable policy limits.
- Medical expenses caused by the crash, including emergency care, imaging, physical therapy, specialist care, and surgery
- Future medical expenses for injuries requiring continuing treatment
- Lost wages during recovery and lost earning capacity for lasting injuries
- Physical pain and mental anguish, past and future
- Physical impairment from any permanent functional limitations
- Property damage may be covered under separate uninsured motorist property damage coverage if purchased
The recovery in a UM/UIM case is bounded by the policy limits on your own coverage. A UM/UIM policy limit of $30,000 may be insufficient for serious injuries, just as the at-fault driver’s $30,000 minimum liability policy would be. Reviewing your own coverage limits before a crash, and considering whether to increase UM/UIM limits, is the only way to ensure adequate protection. See also: dealing with insurance after a car accident and PIP claims in Texas.
Common Questions
Houston UM/UIM Accident Claim FAQs
Does filing a UM/UIM claim raise my insurance rates in Texas?
Texas Insurance Code generally prohibits insurers from raising rates solely because a claimant filed a UM/UIM claim after being hit by an uninsured or underinsured driver. However, rate increases tied to the overall claims history are more complex and policy-dependent. If rate impact concerns you, reviewing your policy terms or consulting your agent about the specific implications may be worthwhile.
What if I declined UM/UIM coverage when I purchased my policy?
If you declined UM/UIM coverage in writing when you purchased the policy, it is not available for a subsequent crash. Texas law requires the rejection to be in writing and signed. If you are unsure whether you declined it or whether the rejection was properly documented, reviewing your policy documents or contacting your insurer directly may clarify your coverage status.
Does my UIM coverage pay on top of what the at-fault driver’s insurer pays?
Typically yes, up to your UIM limits, but subject to the offset rules in your policy. Most Texas UIM policies are written as difference-in-limits coverage, meaning UIM pays the difference between the at-fault driver’s policy limits and your total damages, up to your UIM limit. So if the at-fault driver paid $30,000 and your UIM limit is $100,000, UIM may cover up to $70,000 of remaining damages above the at-fault driver’s payment.
Can I sue the uninsured driver directly in addition to filing a UM claim?
Possibly. Filing a UM claim with your own insurer does not necessarily prevent you from also pursuing a civil claim against the uninsured driver personally. However, recovering from an uninsured driver through a personal judgment can be difficult if the driver lacks assets. The UM claim through your own insurer is typically the more practical recovery path. An attorney can help evaluate whether a direct claim against the uninsured driver is worth pursuing.
How long do I have to file a UM/UIM claim in Texas?
Your policy will specify notice requirements and any internal deadlines. Texas law also has a two-year statute of limitations for personal injury claims under CPRC Section 16.003, which applies to UM/UIM claims as well. Prompt notice to your insurer after a crash is generally required by policy terms, regardless of the legal limitations period.
Client Testimonials
What Our Clients Say
Real Google reviews from people we’ve represented. Each name links to the original post.
I had a great experience with the Adley Law Firm and would recommend them to anyone that needs help with their personal injury case.
I highly recommend Adley Law firm, they were very professional, friendly and worked diligently to obtain a favorable outcome for my case. Thank you Juan for always making yourself available to answer any questions or concerns and keeping me informed with updates.
My experience with the Adley law firm was very satisfactory. They were attentive to my recovery at all times and made me feel secure throughout the process. It was the best choice I could have made to resolve my case; they took care of everything. I highly recommend them.
My experience with the Adley Law Firm was very satisfactory. They were always attentive to any eventuality. They explained everything to me. I received a detailed resume of my entire case. I recommend them to the entire community that needs their services.
I had a fantastic experience with Adley Law Firm following a recent accident. From the moment I made my claim, the team was professional, responsive, and genuinely supportive. Juan and his team explained everything clearly, handled all the paperwork, and kept me updated throughout the process. What really stood out was how stress-free they made the whole experience. My claim was settled faster than expected, and the compensation was fair and transparent. Highly recommend Adley Law Firm.
I had an excellent experience with Adley Law Firm. From the very beginning, their team was professional, approachable, and truly attentive to my needs. They took the time to listen, explain my options, and provide guidance every step of the way. I highly recommend their services.
Why Adley Law Firm
A Houston Firm for Insurance and Injury Claims
Adley Law Firm is a Houston personal injury firm. Kevin Adley is Board Certified in Personal Injury Trial Law and a member of the Texas Trial Lawyers Association and the American Association for Justice. Bilingual staff available. No upfront costs, no fee unless compensation is recovered. Call (713) 999-8669.
Our Houston Office
1421 Preston St, Houston, TX 77002(713) 999-8669 · Get DirectionsNear the Harris County courthouse in downtown Houston.
Getting to Our Houston Office
We handle UM/UIM and car accident claims throughout Houston and Harris County.
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Hit by an Uninsured or Underinsured Driver in Houston? Your Own Policy May Help.
UM/UIM coverage may provide the recovery when the at-fault driver cannot. We can review your coverage and explain your options. No fees unless we recover.