Being involved in a car accident can be a traumatic experience that turns your world upside down. Even more worrying is when the at-fault driver has little or no insurance coverage to fully compensate you for the injuries and losses stemming from the crash. That’s precisely where uninsured and underinsured motorist coverage serves as a financial lifeline.
In Texas, carrying uninsured and underinsured motorist protection remains optional. But having this safety net spares you from facing six-figure medical bills and other costs. Without it, you must foot the entire bill out-of-pocket.
Why So Many Motorists Lack Sufficient Coverage
Given uninsured and underinsured coverage’s immense value, you may wonder why so many drivers don’t carry adequate liability protection. Common reasons include:
Can’t Afford Coverage
For drivers barely scraping by paycheck to paycheck, paying sizable premiums poses a hardship. Sadly, many gamble by covering the state minimum liability limits or allowing policies to lapse when money runs short.
Unlicensed Drivers
Drivers taking to the roads without a valid license also frequently drive uninsured vehicles illegally. When they cause accidents, no coverage exists to reimburse victims.
Teen Drivers
Due to their high-risk status, insuring teen motorists proves very costly. Many parents either avoid adding them to policies or carry woefully low limits.
Failing to Reassess Needs
Many drivers fail to revisit coverage needs when life circumstances change. For example, what sufficed when you were young and single looks vastly different for a married parent of four. Failing to reassess annually risks severe underinsurance.
Whatever the root causes, colliding with an uninsured or underinsured negligent motorist can completely upend accident victims’ lives. Survivors face an uphill battle covering even basic medical costs and replacing totaled vehicles without this safety net.
Navigating the Complex Claims Process
Pursuing an uninsured or underinsured insurance claim generally follows a similar path as filing a standard third-party liability claim against the at-fault driver’s insurer. But several key differences exist:
You Deal Directly With Your Insurer Instead
Because the negligent motorist carries little or no coverage themselves, you open a first-party claim with your own insurer under your uninsured or UIM policy provisions. This means you won’t negotiate a settlement with the at-fault driver’s insurance company, if they even have one.
Tricky UIM Policy Limit & Credit Issues
One of the major catches with underinsured motorist coverage involves how insurers calculate payment amounts.
Insurers get a “credit” or offset for the negligent driver’s available per-person liability coverage, even if their insurer refuses to pay or cover you.
For example, that driver had $30,000 in liability coverage. But your total damages equal $250,000 due to extensive orthopedic injuries requiring multiple surgeries.
Your UIM coverage would pay $220,000 – not the full $250,000. This stems from the $30,000 credit from the negligent driver’s policy.
These complex policy limits and credit issues often create major disputes between accident victims and their own insurers when seeking fair compensation. Having an attorney well-versed in resolving these issues proves invaluable.
The burden of Proof Falls Squarely Upon You
With a conventional third-party liability claim, the onus falls upon the negligent driver to disprove fault and dispute damages.
But UIM and uninsured claims flip the script. Now the burden rests entirely upon you to definitively prove:
- The other motorist was wholly at fault
- The full extent of your injuries and losses
- Their available insurance proceeds fall extremely short of making you whole
Meeting such a high burden while recovering from major injuries presents a massively uphill and risky battle without legal firepower in your corner.
Savvy lawyers adeptly gather rock-solid evidence proving liability and damages – while negotiating fiercely for maximum compensation.
Why You Need a Car Accident Lawyer’s Help
Given this coverage’s intricacies and claim barriers, having experienced and skilled legal guidance proves paramount for success. The top benefits of making sure that you have one of the best car accident lawyers in Houston on your side include:
They Master Insurance Claim Negotiations
Seasoned car accident lawyers know every trick and tactic auto insurers use to devalue serious injury claims. They’ve done this dance many times before.
Your lawyer will deftly counter lowball offers by highlighting past case victories and conveying readiness to litigate. Skilled negotiators can often triple initial offers without stepping foot in court.
They Neutralize Aggressive Insurance Tactics
Some insurers take startlingly aggressive stances by quickly scheduling unrepresented victims’ recorded statements soon after accidents hoping to gather ammunition to deny claims.
Veteran lawyers won’t let them gain even an inch with such tactics. Counsel deals directly with insurers hereafter – preventing clients from being taken advantage of during this vulnerable period.
They Thoroughly Investigate Accident Causes
Building an airtight uninsured or UIM injury claim hinges upon exhaustive fact-gathering and evidence collection.
Lawyers leave no stone unturned when investigating crashes. From diligently inspecting damaged vehicles and crash sites to tracking down all possible eyewitnesses, they build robust cases proving the other motorist’s sole liability beyond any doubt.
Such ironclad documented evidence provides prime negotiation leverage later when battling insurers.
They’ll Skillfully Litigate Cases If Needed
Ideally, insurers make reasonable settlement offers once presented with convincing proof of damages and liability. However, some still refuse to pay fair amounts even facing strong evidence against them.
When this occurs, seasoned lawyers don’t hesitate to file personal injury lawsuits on clients’ behalf. In court, attorneys present comprehensive documentation and demand juries force insurers to pay. While most claims settle beforehand, having legal firepower in reserve proves invaluable.
Let’s recap key reasons retaining a car accident lawyer helps unlock maximum uninsured and UIM claim payouts:
- Navigates complex policy provisions
- Negotiates fiercely to multiply offers
- Neutralizes insurer tricks
- Thoroughly documents accident causes
- Skillfully litigates lawsuits when needed
Without guidance, you’ll likely struggle through negotiations – leaving lots of money on the table or possibly having your claim outright denied.
Finding the Best Car Accident Lawyer
Given uninsured and UIM claims’ challenges, having an exceptional car accident attorney’s help vastly improves your odds of success. But client outcomes can vary radically based upon which lawyer takes your case.
When looking for a truck accident lawyer near you, you want a lawyer who:
- Focuses Exclusively on Vehicle Injury Cases
A dedicated singular focus sharpens expertise that dabbling lawyers lack. Go for an attorney who specializes in handling auto claims – including uninsured and UIM claims – day in and out.
- Boasts an Unmatched Success Record
Do they tout an impeccable string of seven and eight-figure client recoveries over many years? How often do they win jury verdicts and secure policy-limit settlements? An exceptional track record conveys strong credibility.
- Provides Compassionate Guidance
Beyond case skills, the right lawyer also conveys genuine empathy and understanding while selflessly looking out for clients’ best interests. Ensure you aren’t just another case file number to them.
The takeaway? Do your due diligence to engage a preeminent Houston car accident lawyer to fight for maximum compensation.
Don’t Face This Alone – Enlist Legal Help Now
As extensively shown, uninsured and underinsured claims bear many hazards for those going it alone without guidance.
Myriad factors from complex policy issues to high burden of proof thresholds to aggressive insurers stack the deck against injury victims recovering fair payouts.
Don’t take unnecessary risks with your settlement or long-term financial security. To discuss your case’s merits at no charge, contact a reputable accident attorney near you. Their expertise will be instrumental in increasing your chances of getting maximum compensation.
