In the Dallas–Fort Worth Metroplex, motor vehicle accidents happen every day — and too often, the at-fault driver either has no insurance or has far too little to cover the losses incurred by other parties. Victims are left with medical bills, lost wages, pain and suffering, loss of enjoyment of life, and loss of companionship or consortium, as well as the loss of any damaged property.
In Texas, as in other states, there are ways to protect yourself from loss when an at-fault motorist is either uninsured or underinsured. This is done through a provision on your own insurance policy commonly referred to as uninsured motorist (UM) and underinsured motorist (UIM) coverage.
This article explains the difference between the two, how these claims work in Texas, and why speaking with an experienced Dallas accident lawyer can make all the difference.
The Problem of Uninsured and Underinsured Drivers in Texas
Texas consistently ranks among the states with the highest number of uninsured drivers. Even those who carry insurance often have only the state minimum liability limits of $30,000 per person, $60,000 per accident, and $25,000 for property damage. While that meets legal requirements, it rarely covers the true costs of a serious crash.
For accident victims in DFW, the result can be devastating — extensive hospital bills, therapy, and months without income, with the at-fault driver unable to pay more than their minimal policy limits. That is where UM and UIM coverage becomes essential.
Understanding Uninsured Motorist (UM) Coverage
Uninsured motorist coverage, which typically appears as a rider on your own auto insurance policy, applies when the driver who caused the accident has no automobile insurance at all. It can also protect victims in hit-and-run accidents, where the at-fault driver cannot be identified.
UM coverage typically pays for:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral costs in fatal accidents
Under Texas Insurance Code §1952.101, insurance companies must offer UM/UIM coverage in every auto liability policy. Drivers can reject this coverage but must do so in writing, in the form prescribed by the Texas Department of Insurance.
In the absence of a written rejection of coverage, all Texas motor vehicle insurance policies automatically include UM coverage. Unfortunately, many people decline it without realizing how essential it is in Dallas–Fort Worth, where uninsured drivers remain common.
Understanding Underinsured Motorist (UIM) Coverage
Underinsured motorist coverage applies when the at-fault driver has insurance, but not enough to cover the full extent of the damages.
For example, if a driver with the minimum $30,000 policy causes a wreck that results in $100,000 of medical expenses, UIM coverage can step in to cover the difference once the other driver’s policy limits are exhausted.
This type of protection is especially important in DFW, where severe crashes on I-35, I-20, and other major highways often lead to catastrophic injuries. Medical costs in Texas can easily exceed the minimum limits, leaving victims with significant out-of-pocket expenses if they don’t have UIM coverage.
How UM and UIM Claims Work in Texas
To file a UM or UIM claim, you must work directly with your own insurance company. Your insurer essentially “stands in the shoes” of the at-fault driver and becomes responsible for paying damages up to the limits of your policy.
Unfortunately, though, the process is seldom easy or without challenges. Insurance companies frequently dispute fault, downplay injuries, or argue that damages are less than claimed.
Texas’s comparative negligence law also comes into play — if you are the injured person, and you’re found to be more than 50% at fault for causing the accident, then you cannot recover anything on a UM or UIM claim.
Strict deadlines apply as well. Policies often require prompt notice, and waiting too long to file a UM/UIM claim can jeopardize your rights.
Legal Challenges in UM/UIM Claims
Many drivers are surprised to learn that their own insurance company may fight them just as aggressively as the at-fault driver’s insurer would. Common tactics include:
- Delaying or ignoring valid claims
- Making unreasonably low settlement offers
- Wrongfully denying coverage altogether
A knowledgeable Dallas accident lawyer can negotiate with insurers, present evidence effectively, and take the case to court if necessary.
Read Also: The Insurance Adjuster Is Not On Your Side | Why You Need an Attorney After a Car Accident
Let a Dallas Accident Lawyer Protect Your Rights
At the Law Offices of Bailey & Galyen, we understand how devastating accidents involving uninsured and underinsured motorists can be.
Our attorneys fight to ensure victims receive the compensation they deserve — from their own insurer if necessary. Contact us online or call today for a free consultation. Our phones are answered 24/7 — because your recovery cannot wait. Se habla español.
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