Houston Car Accident Insurance Claims

Uninsured and Underinsured Motorist Claims in Texas: What Houston Drivers Need to Know

An uninsured motorist claim in Texas may help protect you when the driver who caused the crash has no insurance or not enough insurance.

Many Houston drivers do not think about UM/UIM coverage until after a crash. By then, they may already be dealing with medical bills, missed work, vehicle damage, and calls from insurance adjusters.

The Law Office of Don McClure helps injured Texans understand their options after crashes involving uninsured drivers, underinsured drivers, hit-and-run drivers, and disputed insurance claims.

Why UM/UIM Coverage Matters in the Houston Area

Uninsured and underinsured drivers are a real issue in Texas. According to the Texas Department of Insurance, more than 2.4 million state-registered vehicles are not matched to an active insurance policy. That represents about 12 percent of registered vehicles in the state.

On top of that, many insured drivers only carry the state minimum liability limits. After a serious highway or freeway crash, those limits may not be enough to cover medical bills, lost income, pain and suffering, or long-term care.

Because Houston has heavy traffic, major freeways, commercial vehicles, rideshare drivers, commuters, and visitors, UM/UIM coverage can become very important after a crash.

What UM/UIM Coverage Can Pay For

Uninsured and underinsured motorist coverage in Texas may help pay for losses related to the crash, depending on your policy and the facts.

These losses may include:

• Medical bills
• Future medical care related to the crash
• Lost wages
• Lost earning capacity
• Pain and suffering
• Property damage to your vehicle, depending on the policy
• Hit-and-run crashes where police cannot identify the at-fault driver

However, the exact benefits available depend on your insurance policy, the crash facts, and the damages you can prove.

Uninsured vs. Underinsured Motorist Claims in Texas

Uninsured and underinsured claims are related, but they are not exactly the same.

Uninsured Motorist Claim

An uninsured motorist claim usually applies when the at-fault driver has no liability insurance at all.

Underinsured Motorist Claim

An underinsured motorist claim usually applies when the at-fault driver has some insurance, but their policy limits are too low to cover the full amount of your damages.

In both situations, the UM/UIM claim may be handled through your own insurance company.

How a UM/UIM Claim Works in Texas

A UM/UIM claim often follows several steps. The process may vary depending on your policy, but it often looks like this:

1. The at-fault driver’s liability insurance pays first, if the driver has coverage.
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2. That payment may reach the at-fault driver’s policy limits.
3. You may then file a claim against your own UM/UIM coverage for the remaining unpaid damages.
4. Your insurance company investigates the claim much like any other injury claim.
5. Your insurer may dispute liability, medical treatment, future care, lost income, pain and suffering, or the value of your damages.
6. If the two sides cannot agree, the dispute may move to arbitration or litigation, depending on the policy and the facts.
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This is why a UM/UIM claim can feel frustrating. Even though the coverage is part of your own policy, your insurer may still challenge the claim.

Does Filing a UM/UIM Claim Raise Your Insurance Rates?

A UM/UIM claim uses coverage you already paid for after someone else caused a crash. Texas law limits an insurer’s ability to penalize a policyholder for a claim that was not the policyholder’s fault.

However, insurance practices can vary by carrier. Therefore, it is important to review your policy and ask questions before making assumptions.

Can You Decline UM/UIM Coverage in Texas?

Yes. Texas insurers must offer uninsured and underinsured motorist coverage, but drivers can reject it in writing.

Because uninsured driving is common across Texas, many injury attorneys recommend keeping UM/UIM coverage instead of declining it. However, every driver should review coverage choices based on their own situation.

What If Your Insurance Company Denies or Undervalues Your UM/UIM Claim?

Because a UM/UIM claim is made against your own insurer, many people expect the process to be simple. However, the claim can still become adversarial.

Your insurance company may dispute:

• Who caused the crash
• Whether the other driver was uninsured or underinsured
• Whether your injuries were caused by the crash
• Whether treatment was necessary
• Whether future care is supported by the medical records
• The amount of lost income
• Pain and suffering damages
• The total value of the claim

As a result, documentation matters. Medical records, bills, photos, police reports, witness statements, wage records, and policy documents may all affect the claim.

What to Do After a Crash With an Uninsured or Underinsured Driver

After a crash, it may not be clear right away whether the other driver has enough insurance. Even so, these steps may help protect your claim.

1. Call 911 and report the crash.
2. Get medical care as soon as possible.
3. Take photos of the vehicles, scene, insurance information, license plates, and visible injuries.
4. Get witness names and contact information.
5. Report the claim to your insurance company, but avoid guessing about facts or injuries.
6. Ask for a copy of your full auto insurance policy and declarations page.
7. Speak with a Houston personal injury attorney before accepting a settlement.

How the Law Office of Don McClure Can Help

UM/UIM claims can be more complicated than people expect. Therefore, it is important to understand the policy, the damages, and the evidence before accepting an offer.

Depending on the facts, legal help may include:

• Reviewing your insurance policy
• Checking available UM/UIM coverage
• Documenting medical bills and future medical care
• Reviewing lost wages and earning capacity
• Gathering police reports, photos, video, and witness statements
• Responding to insurance company disputes
• Negotiating with the insurer
• Pursuing arbitration or litigation if needed

If you were hit by an uninsured or underinsured driver in Houston, Pasadena, Baytown, Katy, Pearland, League City, Deer Park, or Southeast Texas, you may have questions about what your own insurance should cover.

Final Thoughts on UM/UIM Claims in Texas

An uninsured motorist claim in Texas can help protect you when the driver who caused the crash has no insurance, not enough insurance, or cannot be identified after a hit-and-run.

However, UM/UIM claims are not always simple. Your own insurance company may still question fault, injuries, treatment, damages, or policy coverage.

If you were injured in a Houston crash involving an uninsured or underinsured driver, the Law Office of Don McClure can help you understand your options.

This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every case is unique, and past results do not guarantee future outcomes.