It’s a moment you never want to experience: the jarring impact of a car accident that isn’t your fault. The stress of the collision is bad enough, but your frustration grows when you discover the at-fault driver’s insurance is inadequate.
Crashes involving underinsured drivers frequently occur on Interstate 635, I-35E and other roadways in the Dallas area. If it happens to you, understanding the key steps you can take to protect yourself and get the compensation you deserve is vital.
Underinsured vs. uninsured: Know the difference
You may not realize the difference between these two types of drivers. An uninsured driver has no auto insurance at all, which is illegal in Texas. An underinsured driver has insurance, but their policy limits are too low to cover your full costs.
This is a common problem in Texas, where about 14% of drivers are uninsured. The state’s minimum liability limits are $30,000 per person and $60,000 per accident for bodily injury. These amounts are often not enough to cover serious injuries.
Your path to compensation
Your recovery options can seem limited when an underinsured driver hits you. The at-fault driver’s insurance can pay up to its policy limits, but this is often not enough to cover your damages.
You can also file a personal injury lawsuit against the at-fault driver, but this is often difficult because they likely do not have the assets to pay for your damages. The key to getting maximum compensation is your own policy – uninsured/underinsured motorist (UM/UIM) coverage.
While Texas law does not require this coverage, your insurance company must offer it, and they automatically add it to your policy unless you reject it in writing. UM/UIM coverage helps pay for various damages, including:
- Medical bills and lost wages
- Pain and suffering
- Property damage
After the at-fault driver’s insurance pays its share, your UM/UIM coverage kicks in to cover remaining costs up to your own policy limit. Experienced legal guidance can help ensure that you receive maximum compensation from all possible sources.
Vital steps after an accident with an underinsured driver
If an underinsured driver injures you or causes extensive damage to your property, here are a few things you should do:
- Check for injuries and call 911.
- Gather Information at the scene, including taking photos, getting the other driver’s personal details and collecting witness contacts.
- Report the accident immediately to your insurance company and tell them the other driver may be underinsured.
- Consult with a car accident attorney, who can help you understand the claims process and handle all communication with insurers.
Working with a skilled lawyer can help you get the compensation you need so you can focus on your recovery.