Do I Need a Lawyer to File an Uninsured or Underinsured Motorist Claim?
If you want to be treated fairly, you need a skilled uninsured or underinsured motorist accident attorney to fight for your rights. There is a common misconception that because the claim is filed against your own insurance company, they will treat you fairly. This is rarely the case. Here is the simple reality: insurance companies love collecting premiums but hate paying claims. If you are making an injury claim, rest assured they will use every tactic under the sun to try to minimize your claim. You can expect them to use the following tactic:
- delaying making you a reasonable or top offer
- stalling while they “investigate: the claim
- auditing your medical bills and claiming the amount you were charged is too high–like you got a vote!
- sending you to mechanics who use substandard parts and/or downplay the severity of damage
- telling you to send in your bills after you have incurred them all out of your own pocket.
Talk to a skilled UM/UIM lawyer to determine your rights if you were hit by an uninsured or underinsured driver. Instead of dealing with these adjusters on your own, hire an attorney who has experience handling uninsured motorist and underinsured motorist claims. We will fight for what you deserve.
Call Simmons and Fletcher, P.C. at 1-800-298-0111 for a free consultation with one of our underinsured accident lawyers in Houston.
Why Choose Simmons and Fletcher?
At Simmons and Fletcher, we have successfully handled numerous uninsured and underinsured motorist claims. Our attorneys are well versed in the Texas Insurance Code and know what adjusters are required to do to evaluate your case promptly. But here are some more reasons why you might choose us over other law firms:
- In business since 1979.
- All attorneys are rated 10/10 by AVVO.com–a recognized authority in attorney ratings.
- Sharon Simmons-Cantrell and Paul H. Cannon have been named to the Superlawyers list put out by the legal authority Thompson-Reuters.
- Simmons and Fletcher, P.C. was voted Best of the Best Personal Injury Law Firms in Houston by the Houston Chronicle Readers Poll in 2023.
- Christopher K. Fletcher was named to the National Trial Lawyers’ Top 40 Under 40 List and named a Rising Star by Thompson-Reuters in 2023.
- We work on a contingency fee basis, so our consultations are FREE. We charge no attorney fees or expenses unless we make a recovery to pay for them.
What are you waiting for? Call us now at 800-298-0111.
What Can a UM UIM Lawyer Do for Me?
The law firm of Simmons and Fletcher has been fighting exclusively for injured victims against insurance companies since 1979. Our skilled personal injury attorneys can:
- Get the police report
- Help you find doctors to treat your injuries
- Issue letters of protection so you get the care you need but do not have to come up with the money upfront
- Counsel you on what actions help vs hurt your claim
- Investigate the facts of the case to establish liability
- Prepare a demand letter
- Hold the insurance companies to the deadlines they have to respond and act under the Texas Insurance Code
- File a lawsuit if the insurance company refuses to treat you fairly.
(not an actual client)
What is Uninsured Motorist Insurance?
Uninsured motorist insurance (UM) is a type of auto insurance that you purchase to protect yourself and your family against drivers who have no insurance. According to the Texas Department of Public Safety, there are over 4.1 million uninsured drivers on the road in the State of Texas.
If you are involved in an uninsured motorist accident, the odds of you getting the money to cover your medical expenses and damages out of those uninsured drivers is very low. Thus, if you are involved in an uninsured motorist accident, you are often stuck looking for your own insurance.
Uninsured motorist insurance coverage kicks in to cover losses from an accident that you can prove are caused by another’s negligence when the negligent party has no insurance at all. In order to recover under your uninsured motorist insurance policy, you must prove that an uninsured motorist caused you damages by his/her negligence and that he/she had no liability insurance to cover it. Furthermore, you must prove the amount of those damages.
What is Underinsured Motorist Coverage?
Underinsured motorist insurance (UIM) is a type of auto insurance that you purchase to provide you with additional coverage when you are hit by a driver who has insurance but not enough to pay for all of your damages.
The Texas Transportation Code Requires A Minimum Policy Of:
- $30,000.00 per person injured.
- $60,000 per incident in liability insurance coverage.
- $25,000 in property damage coverage.
With today’s rising costs of medical care, $30,000.00 is normally not enough to cover the damages of someone seriously injured in a car accident. This is where an underinsured motorist insurance policy kicks in and pays for additional damages.
Keep in mind that an underinsured motorist policy does not mean they will treat you fairly or cover the claim. This is usually where a Houston underinsured accident attorney comes into the picture when your own insurance denies the claim or lowballs you on their offer.
What is the Difference Between Uninsured and Underinsured Insurance Coverage?
Uninsured coverage pays in a collision when the negligent driver has no insurance, whereas underinsured coverage pays when a negligent driver hits you and has insurance but not enough to cover your damages. The two are typically sold as one policy in Texas, but they do differ.
One thing you need to be aware of regarding underinsured motorist insurance coverage is that you must seek and obtain permission to settle with the tortfeasor from the underinsured motorist insurance company before you settle your case and sign a release. Otherwise, you could waive your right to file a claim. This is just one of several mistakes you cannot afford to make when filing your claim.
What Damages Can I Seek in an Uninsured/Underinsured Motorist Claim?
In a UM or a UIM claim, you can see the same damages that you would seek against the uninsured or under insured driver for your injuries. These damages include:
- pain and suffering
- medical bills
- lost wages
- mental anguish
- physical impairment, and
- scarring and disfigurement.
Call Us Today
At Simmons and Fletcher, P.C., we handle numerous underinsured and uninsured motorist insurance policy claims from the beginning through trial. In this era when insurance companies have such strong influence to draft laws and obtain court rulings that allow them to reduce your life to a ‘business decision,’ you need a lawyer experienced in automobile uninsured/underinsured motorist insurance claims. Call us for a free consultation with one of our Houston uninsured motorist accident lawyers. Our attorneys are here to fight for you.
Other information related to uninsured/underinsured motorist cases:
FAQ's
Do I Need the Underinsured Motorist (UIM) Insurance Company's Permission to Settle With the Driver Who Caused the Accident?
Yes. In every underinsured motorist policy, there is a clause that requires you to ask the underinsured motorist insurance carrier’s permission before you settle with any third party that may be liable, including the at-fault driver. Failure to do so can delay or even void your ability to recover underinsured motorist benefits.
The reason for this is that the underinsured motorist insurance provider has a right to go after the party who caused the accident to get any money they pay you back. If you settle with that person and release them from liability, you will have waived your underinsured motorist insurance provider’s right to go after that person.
How Do I Get My UIM Insurance Carrier's Permission To Settle?
In order to obtain your UIM carrier’s permission to settle, you should send a letter in writing to your UIM carrier that states ‘I was in an automobile collision on (date). I anticipate that the liability insurance carrier will be offering their insurance policy limits and that I will be filing a UIM claim. I am requesting that you investigate this matter and provide me with written permission to settle for the insured’s policy limits without prejudicing my right to file a UIM claim.’
Your insurance company may request that you provide a declaration page or proof of coverage from the other insurance to prove the amount of the policy. You will need to request this from the liability insurance carrier.
Is Uninsured/Underinsured Motorist Insurance Coverage Required in Texas?
Texas law requires that insurance companies offer uninsured/underinsured motorist coverage to all drivers. This is achieved by requiring that uninsured/underinsured motorist insurance coverage be provided unless the policyholder specifically signs a waiver of this coverage. Many fly-by-night insurance companies will try to get you to sign that waiver without fully explaining what it is. This is the way you protect yourself and your family so you should never waive this coverage.
Can Uninsured/Underinsured Motorist Coverage Deny My Claim?
Yes. Just because you have uninsured/underinsured motorist coverage does not mean that they will automatically pay when you are injured in an accident. Every policy contains coverage defenses. For example, unnamed and under-aged persons may be excluded from coverage. Also, when a vehicle runs you off the road but makes ‘no contact’ you are not covered by uninsured motorist coverage.
There are numerous reasons your own insurance policy may deny your claim. Remember, they are in the business of collecting premiums, not paying claims. Just because they are your own insurance company does not mean they will look out for your rights. You should speak to a car accident attorney who handles uninsured/underinsured motorist claims before speaking to an adjuster. More specifically, you should NEVER give a recorded statement to your own insurance company without your own lawyer present.
How Do I Know How Much Uninsured Motorist Coverage I Have on My Policy?
Every time you renew your auto insurance policy, they send you a Declarations Page. This “dec sheet” will list the types of coverage you purchased with the amount of coverage next to them. It is good to check your dec sheet to ensure you have enough coverage before you are hit by an uninsured driver. After an accident with an uninsured or underinsured driver, you are stuck with what you bought beforehand.
