Uninsured Motorist Claims Lawyer Serving Texas
Imagine the frustration of being involved in a car accident only to discover that the at-fault driver is uninsured. The unfortunate truth is that this happens more often than you might think. In this article, we’ll explore the complexities of dealing with uninsured motorist claims in Fort Worth and why hiring a skilled Fort Worth uninsured motorist claims lawyer is crucial to protecting your rights and recovering the compensation you deserve.
As of August 2022, the Texas Department of Insurance tracked 21.6 million vehicles registered in Texas with 2.6 million vehicles without matching vehicle insurance. That means about 12% of vehicles in Texas are uninsured.
If you have been injured in a car accident and the driver is uninsured, contact our Fort Worth uninsured motorist claims lawyer at Varghese Summersett as soon as possible. We will guide you through the process at no cost.
Understanding Uninsured and Underinsured Motorist Coverage
Uninsured Motorist Coverage: Uninsured motorist (UM) coverage is designed to protect you in the event that you’re involved in an accident with a driver who lacks insurance. This type of coverage is crucial for ensuring that you receive compensation for damages and injuries sustained in the accident, even when the at-fault driver is uninsured.
Underinsured Motorist Coverage: Underinsured motorist (UIM) coverage is similar to UM coverage but kicks in when the at-fault driver’s insurance policy limits are insufficient to cover the full extent of your damages. UIM coverage helps bridge the gap between the at-fault driver’s policy limits and your actual expenses.
Personal Injury Protection: Personal injury protection (PIP) is another type of coverage that can assist you in receiving compensation for medical expenses and lost wages, regardless of who is at fault for the accident. PIP is mandatory in Texas, but you can reject it in writing if you wish to opt out.
Collision Coverage: Collision coverage can also be helpful in recovering damages when involved in an accident with an uninsured driver. This coverage applies to repairing or replacing your vehicle, regardless of fault. However, you’ll need to pay a deductible before your insurance company covers the remaining costs.
What are the minimum policy limits in Texas?
Minimum Insurance Requirements: Texas law requires drivers to carry a minimum level of liability insurance to cover potential damages and injuries caused in an accident. The minimum limits are:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage per accident
However, not all drivers comply with these requirements, leaving innocent victims to face the consequences.
Uninsured Claims in Tarrant County
It’s essential to have a knowledgeable Fort Worth uninsured motorist claims lawyer at Varghese Summersett to navigate the complexities of uninsured claims in Tarrant County. We can help you understand your rights and guide you through the process of seeking compensation.
Car Accident Claim Process
Steps to Take When an Uninsured Driver is at Fault
- Call the police and file a report.
- Gather information from the other driver, including their name, contact information, and vehicle information.
- Document the accident scene by taking photos and collecting witness statements.
- Seek medical attention for any injuries.
- Report the accident to your insurance company.
- Consult with our Fort Worth uninsured motorist claims lawyer to discuss your options for pursuing compensation.
The Driver Who Hit My Car and Has No Insurance
If a driver hits your car and has no insurance, you should still follow the steps outlined above. Additionally, you may need to rely on your UM, UIM, PIP, or collision coverage to receive compensation for damages and injuries.
Reasons for Insurance Claim Denials in Texas
Lack of coverage: One of the primary reasons for insurance claim denials in uninsured motorist cases is the absence of uninsured motorist coverage in the claimant’s policy. Your insurance company may deny your claim if you don’t have this coverage.
Policy exclusions: Insurance policies often contain specific exclusions that limit coverage in certain situations. For example, your policy may exclude coverage if the accident occurred while using the vehicle for business or if the driver was under alcohol or drugs. Your claim may be denied if your situation falls under any of these exclusions.
Late claim filing: Insurance companies typically require policyholders to report accidents and file claims within a specific time frame. If you fail to file your uninsured motorist claim within the required deadline, your insurance company may deny the claim.
Insufficient documentation: To process an uninsured motorist claim, insurance companies usually require various documents, such as a police report, photographs of the accident scene, and medical records. If you fail to provide the necessary documentation or if the provided documents are incomplete or inconsistent, your claim may be denied.
Disputes over fault: In some cases, insurance companies may deny uninsured motorist claims due to disputes over fault in the accident. If your insurance company believes that you were partially or entirely responsible for the accident, they may deny your claim or reduce the compensation amount based on your degree of fault.
Policy limits: Each insurance policy has specific limits for uninsured motorist coverage. If the claimed damages exceed the policy limits, the insurance company may deny the claim or only cover damages up to the policy limit.
When facing a claim denial, it’s crucial to consult with an experienced uninsured motorist claims lawyer to help you understand your rights, evaluate your options, and navigate the appeals process.
How do You Appeal an Insurance Claim Denial in Texas?
If your insurance claim is denied, it’s essential to consult with a Fort Worth uninsured motorist claims lawyer to evaluate your options for appealing the decision. They can help you gather additional evidence, navigate the appeals process, and negotiate with the insurance company on your behalf.
What Are the Types of Auto Accident Compensation if a Driver is Uninsured?
Victims of accidents involving uninsured motorists in Texas may be eligible for various types of compensation, depending on their insurance policy and the case’s specific circumstances. In an uninsured motorist claim, you may be eligible for compensation for the following types of damages:
Medical expenses: Victims can seek compensation for medical bills resulting from the accident. This includes costs for hospital stays, surgeries, doctor visits, medication, rehabilitation, and any ongoing or future medical treatment needed due to the accident.
Lost wages: If the accident causes the victim to miss work or suffer a reduced earning capacity, they may be eligible to recover compensation for lost wages. This includes both past and future income losses.
Pain and suffering: Victims may be entitled to compensation for the physical pain and emotional distress they experience as a result of the accident. Pain and suffering damages can vary significantly, depending on the severity of the injuries and the impact on the victim’s life.
Property damage: Compensation for property damage typically covers the costs to repair or replace the victim’s vehicle or any other damaged property resulting from the accident.
Loss of consortium: In some cases, the victim’s spouse may be eligible for compensation for the loss of companionship, affection, and support due to the victim’s injuries. Loss of consortium damages can be challenging to quantify and may depend on the specific circumstances of each case.
Disability or disfigurement: If the accident results in permanent disability or disfigurement, the victim may be entitled to compensation for their injuries’ long-term physical and emotional impact.
Emotional distress: In some cases, victims may be eligible for compensation for the psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
It’s essential to consult with an experienced Fort Worth uninsured motorist claims lawyer who can help you understand your rights, evaluate your case, and pursue the compensation you deserve. They can also assist you in navigating the complex insurance claims process and ensure that your rights are protected throughout the process.
What Factors Affect Claim Compensation Against Uninsured Drivers?
Several factors can affect the compensation amount in claims against uninsured drivers in Texas. These factors include:
Extent of injuries: The severity of the injuries sustained in the accident plays a significant role in determining the compensation amount. More severe injuries typically result in higher medical expenses, lost wages, and pain and suffering, leading to increased compensation.
Medical treatment and prognosis: The type and duration of medical treatment required for the victim’s injuries, along with their long-term prognosis, can impact the compensation amount. Extended medical treatment and rehabilitation, as well as any permanent impairment or disability, may lead to higher compensation.
Lost income: The amount lost due to the accident, including past and future lost wages, will affect the compensation amount. Factors such as the victim’s occupation, salary, and potential for career advancement can influence this calculation.
Insurance policy limits: The victim’s uninsured motorist coverage limits will directly impact the compensation amount. If the claimed damages exceed the policy limits, the insurance company may only cover damages up to the policy limit.
Comparative fault: Texas follows a modified comparative fault system, which means that the compensation amount may be reduced if the victim is found to be partially at fault for the accident. If the victim is more than 50% at fault, they may be barred from recovering compensation.
Damage to property: The extent of property damage, such as damage to the victim’s vehicle or other personal property, can also affect the compensation amount.
Non-economic damages: Compensation for non-economic damages like pain and suffering, emotional distress, and loss of consortium can vary significantly, depending on the impact of the accident on the victim’s life and the specific circumstances of each case.
Strength of evidence: The availability and strength of the evidence supporting the victim’s claim can influence the compensation amount. Strong evidence of the uninsured driver’s negligence and the extent of the victim’s injuries can help bolster the victim’s case and increase the likelihood of a favorable outcome.
Given the numerous factors that can affect claim compensation against uninsured drivers in Texas, it’s essential to consult with an experienced uninsured motorist claims lawyer who can help you understand your rights, evaluate your case, and pursue the compensation you deserve.
Why Choose Us for Your Fort Worth Uninsured Motorist Claim Lawyer?
Our team of Fort Worth uninsured motorist claims lawyers has extensive experience handling uninsured motorist claims and navigating the complexities of Texas insurance laws. We are dedicated to helping our clients recover the compensation they deserve.
- Expertise and Experience: Our team of Fort Worth uninsured motorist claims lawyers have extensive experience handling such claims and navigating the complexities of Texas insurance laws. We are dedicated to helping our clients recover the compensation they deserve.
- Personalized Attention: At Varghese Summersett, we understand that every case is unique. We provide personalized attention to each of our clients, ensuring that we understand the specifics of your situation and tailor our approach accordingly.
- Aggressive Representation: Our lawyers are not afraid to take on challenging cases and fight for our client’s rights. We aggressively represent your interests in negotiations with insurance companies and, if necessary, in court.
- Comprehensive Legal Support: We assist you throughout the entire claims process, from gathering evidence and submitting your claim to negotiating with insurance companies and litigating in court if needed. We ensure that your rights are protected every step of the way.
- Proven Track Record: Our law firm has a reputation for achieving successful outcomes for our clients. We pride ourselves on our results and are dedicated to securing the best possible outcome for your case.
To discuss your uninsured motorist claim with one of our experienced attorneys, call Varghese Summersett today.
Personalized Attention and Aggressive Representation with Varghese Summersett
Varghese Summersett provides personalized attention to each of our clients and aggressively represents their interests in negotiations and, if necessary, in court.
FAQ: Handling a Car Accident with an Uninsured Driver
Uninsured motorist (UM) coverage protects you in case of an accident with a driver who lacks insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance policy limits are insufficient to cover your damages. Both types of coverage help you receive compensation for damages and injuries.
If you’re involved in an accident with an uninsured driver, follow these steps: call the police, gather information from the other driver, document the accident scene, seek medical attention, report the accident to your insurance company, and consult with our personal injury lawyer to discuss your options.
Yes, you can still receive compensation if the at-fault driver is uninsured. You may need to rely on your UM, UIM, PIP, or collision coverage to cover damages and injuries sustained in the accident.
Insurance companies may deny claims for various reasons, such as lack of coverage, policy exclusions, late claim filing, insufficient documentation, or disputes over fault.
In an uninsured motorist claim, you may be eligible for compensation for medical expenses, lost wages, pain and suffering, property damage, and emotional distress.
Factors that can affect the amount of compensation you may receive include the severity of your injuries, the impact of the accident on your daily life and ability to work, the amount of available insurance coverage, and whether you share any fault for the accident.