Filing a claim for an accident caused by an uninsured or underinsured driver presents unique and difficult challenges, particularly since your own insurance company shifts from your protector to your opponent in the claims process.
A lawyer manages the entire claim process for you, from initial investigation to final settlement negotiation, protecting your rights and working to secure the full compensation available under your policy.
This professional guidance allows you to focus on your recovery while your advocate handles the complex legal and administrative work.
Key Takeaways for How a Lawyer Helps File an UM/UIM Claim
- A lawyer independently investigates the accident and the at-fault driver’s insurance status.
- Your attorney handles all communication with your insurance company, protecting you from missteps.
- Your legal team precisely calculates all your damages, including future medical needs and lost income.
- A lawyer negotiates forcefully on your behalf to obtain a fair settlement from your insurer.
- If your insurer acts in bad faith, an attorney can take legal action to hold them accountable.
Uninsured vs. Underinsured Motorist Claims
When you’re involved in a collision that isn't your fault, you expect the other driver’s insurance to cover your losses. However, when that driver lacks proper coverage, you must turn to your own policy. This is where Uninsured/Underinsured Motorist (UM/UIM) coverage becomes active.
When UM Coverage Applies
Uninsured motorist coverage protects you when the at-fault driver has nonexistent or invalid liability insurance. In this scenario, your UM policy steps into the shoes of the absent insurance company for the driver who caused the crash.
You file the claim directly with your own insurance provider, who then evaluates it based on the other driver's fault and your damages.
Common UM scenarios include:
- A Hit-and-Run Collision: Your UM policy can respond when the at-fault driver flees the scene, and law enforcement cannot identify them.
- An Uninsured Driver: This occurs when the driver who caused the crash simply has no auto liability insurance, in violation of Texas law.
- A Denied Liability Claim: Your UM coverage may also apply if the at-fault driver's insurance company denies the claim for a valid reason, such as a policy lapse or an excluded driver.
Effectively, you seek compensation from your own company for another person's negligence, a situation that often creates conflict.
When UIM Coverage Applies
Underinsured motorist coverage applies when the at-fault driver has liability insurance, but their policy limits are too low to cover the full extent of your damages. The UIM claim process contains strict procedural requirements, and mistakes can jeopardize your right to recovery.
Texas law requires drivers to carry minimum liability coverage; however, these minimums often fall short in cases involving serious injuries. For example, if your medical bills and lost wages total $100,000, but the at-fault driver's policy only covers up to $30,000, a significant gap remains.
To use your UIM benefits, you must first recover the maximum amount from the at-fault driver's insurance policy. After you settle that claim, you can then file a UIM claim with your own insurer for the remaining amount, up to your own policy limits.
Your Insurer’s Conflicting Role in a UM/UIM Claim
When you file a third-party claim against another driver’s insurance, you expect an adversarial relationship and can anticipate that the other insurer will try to pay as little as possible. However, sometimes your own insurer adopts a similar adversarial stance during an UM/UIM claim process.
After years of faithfully paying your premiums, you may (rightly) expect your insurer to assist you after a crash. However, in a UM/UIM context, your provider’s financial interests directly oppose your own.
Every dollar they pay you on your claim reduces their profits, creating an inherent conflict of interest. Acknowledging this conflict makes it clear how a car accident lawyer can help you file a UM/UIM claim. Your attorney acts as your dedicated advocate against your insurer’s financial motivations.
Your insurance adjuster may use the same tactics as an at-fault driver's adjuster. They may question the severity of your injuries, dispute the necessity of your medical treatments, or argue that you contributed to the accident.
A lawyer provides the buffer you need and counters these tactics with facts and legal arguments.
How a Car Accident Lawyer Helps With Filing a UM/UIM Claim
A knowledgeable car accident attorney provides critical support and advocacy at every stage of the claims process. An attorney serves as your strategic partner, using their experience to anticipate challenges and develop effective solutions.
Their involvement signals to the insurance company that you are serious about protecting your rights and recovering what you are due under your policy.
Gathering Crucial Documentation for Your UM/UIM Claim
A strong UM/UIM claim depends on strong evidence. Your insurance company won’t simply accept your word regarding your injuries or other losses. You must provide comprehensive documentation that proves both the other driver's fault and the full value of your damages.
An experienced car accident lawyer knows precisely what evidence your insurer requires. They organize and present this information in a clear, professional package that anticipates and addresses the adjuster’s potential questions.
Necessary documentation often includes the following:
- Accident Report: The official police report establishes the date, time, location, and involved parties, and it often includes the officer’s initial assessment of fault.
- Medical Records: This includes everything from the initial emergency room visit to ongoing physical therapy, diagnostic imaging, and surgical reports.
- Proof of Lost Income: Your lawyer will use pay stubs, employment letters, and tax documents to demonstrate the wages you lost while unable to work.
- Photographic and Video Evidence: Pictures of the accident scene, vehicle damage, and your visible injuries provide powerful visual proof of the incident's impact.
Your attorney handles the burden of collecting these documents, freeing you to concentrate on what matters most: your health and family.
Managing All Communications and Deadlines
Your attorney takes over all communication with the insurance companies. This protects you from saying something that could be misinterpreted or used against you later.
They also manage all of the strict deadlines and procedural requirements associated with Texas UM/UIM insurance laws, ensuring your claim remains valid.
Calculating the Full Value of Your Claim
Determining the true value of your claim goes far beyond adding up your current medical bills. A comprehensive valuation accounts for all economic and non-economic damages you have suffered and are likely to suffer in the future.
Insurance adjusters may offer a quick, low settlement that overlooks these long-term costs. A car accident lawyer helps you file an UM/UIM claim by building a case that reflects your total losses.
Common examples of damages include:
- Current and Future Medical Expenses: This category covers everything from ambulance fees and hospital stays to future surgeries, rehabilitation, and necessary medications.
- Lost Wages and Diminished Earning Capacity: This includes the income you've already lost plus any reduction in your ability to earn a living in the future due to your injuries.
- Property Damage: This relates to the cost of repairing or replacing your vehicle and any other personal property destroyed in the crash.
- Out-of-Pocket Expenses: These are other costs like travel to medical appointments, household help you had to hire, or modifications made to your home.
- Pain and Suffering: This refers to the physical pain and emotional distress caused by your injuries.
- Mental Anguish: This includes conditions like anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident.
- Physical Impairment and Disfigurement: This compensates for the loss of use of a body part or for permanent scarring and other visible injuries.
- Loss of Enjoyment of Life: This payment accounts for your reduced ability to participate in hobbies and activities you once valued.
Negotiating and Litigation
Insurance adjusters are trained negotiators whose goal is to settle claims for as little as possible. Your attorney handles the negotiation process, using their experience and skill to identify and counter lowball offers with factual evidence and legal precedent.
If your insurance company refuses to make a fair offer or wrongfully denies your claim, your lawyer can file a lawsuit. The ability and willingness to take a case to court gives you significant leverage during negotiations.
An attorney can also pursue a bad faith insurance claim if your provider acted unreasonably or unfairly in handling your case.
FAQ for How a Car Accident Lawyer Help File an UM/UIM Claim
How Does a Car Accident Lawyer Prove the Other Driver Was at Fault in a UM Claim?
To prove the other driver was at fault, your lawyer gathers and presents key evidence. The police report provides an initial assessment of negligence. Witness statements can corroborate your version of events, and accident reconstruction experts can demonstrate how the collision occurred.
Photos and videos of the scene, vehicle damage, and traffic patterns also help establish liability.
What Types of Damages Does UM/UIM Insurance Cover?
UM/UIM insurance generally covers the same types of damages that the at-fault driver's liability insurance would have covered. This includes your medical bills, lost wages, and compensation for pain and suffering.
The coverage also extends to physical impairment, mental anguish, and any disfigurement caused by the accident, up to the limits of your specific policy.
Why Is My Own Insurance Company Offering a Low Settlement?
Your insurance company, like any business, operates to maximize its profits. In a UM/UIM claim, your financial interests are in direct opposition to theirs. A low initial settlement offer is often a tactic to determine if you’ll accept less than the full value of your claim.
The adjuster's goal is to close the file as inexpensively as possible, and they may not account for your future medical needs or non-economic damages unless pressured to do so.
What Is the Deadline To File a UM/UIM Claim in Texas?
In Texas, you usually have two years to sue the driver who caused the crash, but if you need to make a claim under your own UM/UIM coverage, the rules are different. Those claims are based on your insurance contract, and you generally have four years to file a lawsuit.
The deadline can depend on when it’s proven that the other driver was at fault and how much your damages are. Your policy also likely says you must notify your insurance company quickly after a wreck. If you wait too long, the insurer might try to deny your claim.
What Are My Options if My Insurance Company Denies My UM/UIM Claim?
A denial of your UM/UIM claim doesn’t mean your case is over. First, your attorney can demand the insurance company provide a formal denial in writing that clearly states its reasons. This letter forms the basis for your response and any future legal action you might take.
Your lawyer can then file a formal appeal directly with the insurance company. This appeal often includes new evidence or stronger legal arguments to challenge their interpretation of the policy or the accident's facts.
This step frequently opens the door for a new round of negotiations. If negotiations still fail, your attorney can file a breach of contract lawsuit to compel the insurer to honor its obligations.
In situations where an insurer denies a claim without conducting a reasonable investigation or for an unfair reason, your lawyer might also pursue a claim for insurance bad faith.
Call Lorenz & Lorenz, PLLC Today
After an accident, your energy should be devoted to your recovery and your family. The complex battle with an insurance company over a UM/UIM claim can drain that energy and create immense stress.
Pursuing the compensation you need isn’t about dwelling on the past event but about building a stable foundation for your future. A cart accident lawyer can help you secure the resources you need to move forward with your life.
Let a dedicated legal advocate handle the fight for you. If you need help with a UM/UIM claim, call the team at Lorenz & Lorenz, PLLC at (512) 477-7333 for a free consultation.