If you were hurt in a car accident caused by an uninsured or underinsured driver, you may feel trapped — the at-fault driver has no insurance, or not enough to cover your medical bills and lost wages. John K. Zaid & Associates helps Houston accident victims fight back through their own UM/UIM coverage. We never charge a fee unless we win.
What Is Uninsured and Underinsured Motorist Coverage in Texas?
Texas law does not require drivers to carry Uninsured/Underinsured Motorist (UM/UIM) coverage, but insurance companies must offer it to every policyholder. If you accepted this coverage, you can file a claim against your own insurer when the at-fault driver has no insurance or carries limits too low to compensate you fully.
Uninsured vs. Underinsured Motorist Coverage
Uninsured Motorist (UM) coverage applies when the at-fault driver has zero liability insurance, or when the driver flees the scene in a hit-and-run and cannot be identified. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are lower than your total damages — UIM pays the gap up to your own policy limit.
Texas Uninsured Driver Statistics
Approximately 20% of Texas drivers are uninsured — one of the highest rates in the nation. On Houston highways including I-10, I-45, US-290, and Beltway 8, uninsured motorist accidents occur daily. Texas minimum liability limits are just $30,000 per person and $60,000 per accident — often far less than the cost of serious injuries. UM/UIM coverage may be your only real avenue for fair recovery.
When Does UM/UIM Coverage Apply?
UM/UIM coverage typically applies in these situations: the at-fault driver has no liability insurance; the driver fled the scene (hit-and-run); the at-fault driver’s policy limits are less than your total damages; a phantom vehicle causes you to crash without making contact; or the at-fault driver’s insurer is insolvent.
Why Insurance Companies Deny or Underpay UM/UIM Claims
Even when you file a UM/UIM claim with your own insurer, insurance companies routinely dispute liability, minimize injuries, or offer far less than your claim is worth. Common tactics include: disputing that the uninsured driver was at fault; claiming your injuries are pre-existing; demanding recorded statements to use against you; making lowball offers before your injuries are fully diagnosed; and arguing the at-fault driver’s policy was not truly exhausted before UIM kicks in.
Texas Insurance Code §541.060 prohibits unfair settlement practices, and §542.058 requires insurers to promptly pay accepted claims. If your insurer acts in bad faith, you may be entitled to additional statutory damages and attorney’s fees.
How to File a UM/UIM Claim in Texas
- Report the accident to your own insurer immediately — delay can jeopardize your claim even if you were not at fault.
- Document the at-fault driver’s insurance status — the police report should note no insurance. For hit-and-run, file a police report right away.
- Gather evidence: photos, witness statements, medical records, and proof of lost wages.
- Get your insurer’s consent before settling with the at-fault driver’s insurer — this is required for UIM coverage to apply.
- Submit a full demand package including all medical records, bills, lost wage documentation, and pain-and-suffering analysis.
- File suit if necessary. In Texas, UM/UIM disputes are contract claims and you can sue your insurer directly.
Damages You Can Recover in a Texas UM/UIM Claim
UM/UIM coverage compensates you for the same categories of damages you could recover from the at-fault driver, subject to your policy limits. These include medical expenses (emergency care, surgery, hospitalization, physical therapy, and future treatment), lost wages and diminished earning capacity, pain and suffering and mental anguish, permanent impairment or disfigurement, and property damage if you purchased UM property damage coverage.
Statute of Limitations for UM/UIM Claims in Texas
UM/UIM claims are governed by contract law, not the standard personal injury statute. The general Texas contract limitations period is 4 years (Texas Civil Practice & Remedies Code §16.004), but your insurance policy may contain a shorter contractual deadline — often 2 years from the accident. Do not wait. Contact an attorney promptly to protect your rights.
Frequently Asked Questions About UM/UIM Claims in Houston
Can I file a UM/UIM claim if the driver who hit me had no insurance?
Yes. You file a UM claim against your own policy. The other driver’s negligence establishes liability, which your insurer must still evaluate. An attorney helps document the facts so your insurer cannot dispute it.
Does filing a UM/UIM claim raise my insurance rates?
Most insurers treat UM/UIM claims differently from at-fault claims since you did not cause the accident. Texas law does not automatically prohibit rate increases, but an attorney can advise you on your specific policy and insurer’s practices.
What if I was injured by an uninsured driver while riding as a passenger?
You may have multiple sources of UM/UIM coverage — the vehicle owner’s policy, your own auto policy (which typically stacks onto the vehicle policy), and possibly the at-fault driver’s insurer. An attorney can identify all available coverage for your situation.
My insurer offered me less than my medical bills. Can I sue them?
Yes. You can file a lawsuit directly against your own insurer. Under the Texas Insurance Code, you may also pursue bad faith claims if the insurer acted unreasonably in evaluating or denying your UM/UIM claim.
Can John K. Zaid help if my UM/UIM claim was already denied?
Yes. A denial is not the end. Our attorneys review the denial letter, gather additional evidence, and re-present claims or file suit when insurers act in bad faith. Contact us for a free review of your denial.
Contact a Houston Uninsured Motorist Lawyer Today
If an uninsured or underinsured driver hurt you, do not accept a lowball settlement. John K. Zaid & Associates fights for full compensation from every available source — including your own UM/UIM coverage and any bad-faith insurance claims. Call (281) 333-8959 for a free consultation. We serve clients throughout Houston, Pasadena, Pearland, Sugar Land, and Harris County. No fee unless we win.