The Texas Department of Insurance (TDI) has strict laws regarding what types of insurance a motorist must obtain in order to operate a motor vehicle legally in Texas. All auto insurance policies issued in Texas must have personal injury protection (PIP) insurance included, and drivers must opt-out in writing. This is also true of uninsured motorist coverage.
If you suffered any injuries or losses as a result of a car accident in Houston and discovered that the negligent party did not have any car insurance coverage, these policies may allow you to recover compensation. Learn more about your legal rights and how a Houston uninsured car accident lawyer at Ben Crump Law, PLLC at (800) 235-0444 can help you understand your legal rights.
Uninsured Motorists and Liability Coverage in Texas
Under the law of the State of Texas, every motorist in the state must have a certain amount of car insurance coverage in order to operate their vehicle legally. This type of insurance is liability insurance and will cover any property damage and medical expenses of a victim suffering injuries or losses as a result of a car accident the policyholder caused. Texas requires that each motorist carry a minimum of $30,000 of coverage for injuries per person up to a total of $60,000 of coverage per accident, as well as $25,000 of coverage for any damage to property resulting from the car accident.
If a person makes the decision not to carry car insurance coverage, they are in violation of the law. In these cases, a motorist may have the legal responsibility to pay for any injuries and losses in a car accident due to their negligence out of their own pocket.
For a free legal consultation with a uninsured car accidents lawyer serving Houston, call 800-598-7557
Understanding Uninsured Motorist Insurance Coverage in Texas
Uninsured motorist insurance (UM) is a part of a car insurance policy that protects motorists in the event that they suffer injuries or losses as a result of a car accident with an uninsured motorist. If you suffered property damage or medical bills related to your car accident and discover that the other party does not have any insurance, you may have the ability to recover compensation under your own UM coverage.
It is important to note that the State of Texas requires all insurance companies to offer uninsured and underinsured motorist coverage under Texas Insurance Code § 1952.101. However, you do not have to accept this coverage. You can opt-out of this policy in writing. If you took this action, you may not have this type of policy to depend on after suffering injuries caused by an uninsured or underinsured driver.
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Filing a Houston Uninsured Car Accident Claim
If the negligent party that caused your Houston car accident does not have car insurance coverage, you will then need to take a detailed look at your own car insurance policy in order to determine the amounts of personal injury protection and UM coverage you may have. Every car insurance policy could have different amounts of coverage for property damage, bodily injury, and other losses.
Once you determine that you have coverage, these are the steps you should take in the process of filing a Houston uninsured car accident claim:
- Obtain a copy of the official police report. This police report will have details on it regarding possible negligence and liability, whether or not the police officer issued a citation to the other party, and whether or not the other party provided proof of insurance.
- Seek medical attention. You may have already received medical attention following your accident. However, if you have not already done so, you should seek a medical evaluation from a healthcare provider. This is not only for your own health and safety (as many serious medical conditions may occur as a result of a car accident that are only diagnosable by a medical professional) but also because having a qualified medical expert indicate that your injuries relate directly from your car accident will help you receive compensation for your injuries in a claim with your insurance company.
- Contact Your Insurance Company. If you learn that the other party to the accident does not have insurance, you will have to visit with your own insurance in order to obtain compensation under your UM portion of your policy. However, it is important to note that while you may think that your own insurance company will help you as you are their customer, in many cases, an insurance company still does not want to fully compensate a victim.
At the end of the day, an insurance company is a business, and they may use manipulative and egregious tactics in order to prevent paying a claim, even to their own policyholder. Make sure that you never agree to any recordings of your conversation, never allow an insurance company to obtain full medical records, and never accept a first settlement offer, which tends to be unfair and low. We recommend having a Houston car accident lawyer from our team review any settlement offer before you accept it, especially if you sustained injuries.
If you received property damage and suffered injuries as a result of a car accident in which the negligent party does not have insurance coverage, learn more about your legal rights and how a Houston uninsured car accident lawyer at Ben Crump Law, PLLC can negotiate with your insurance company on your behalf to receive a fair and just settlement. Reach out to the Ben Crump Law, PLLC team today.
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Consider How a Houston Uninsured Car Accident Lawyer Can Help You
You have a legal right to receive compensation for your injuries and losses suffered from a car accident, either from the negligent party or from your own insurance policy under your UM coverage. If you find that negotiating with your own insurance company has ultimately proved both adversarial and frustrating, learn how a Houston uninsured car accident lawyer at Ben Crump Law, PLLC at (800) 235-0444 can help you understand all of your legal rights as well as help you receive the compensation you deserve for your injuries and losses.
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