Struck by an Uninsured Driver in Northwest Harris County?

Dealing with UM/UIM Claims & Getting Justice after Texas Car Accidents

Have you been struck by an uninsured driver? Dealing with a car accident is bad enough, but to learn that the other driver does not have insurance is a crushing feeling. Sadly, it is a very common occurrence in Northwest Harris County, as there are thousands of uninsured drivers on the road. While you do have legal rights beyond filing a personal injury lawsuit against the at-fault driver, realistically speaking, your only option for financial recovery is likely going to be with your own insurance company under your own policy.

If you have a car insurance policy, you should check with your insurance company to make sure you have Uninsured Motorist and Under Insured Motorist coverage (UM/UIM). The attorneys at Shaw Clifford Law are experienced in this complex process, and can explain everything you need to know about UM/UIM insurance and what it means for your case.

What is UM/UIM Coverage? Why Does it Matter in Texas?

 Accepting UM/UIM coverage is one of the best decisions that you can make to protect yourself. 

Uninsured/underinsured (UM/UIM) coverage is there to protect you if you are the victim of a car accident with a driver who is:

Uninsured, meaning they have no insurance

OR

Underinsured, meaning that their insurance limits are too low to cover your damages

Your UM/UIM coverage will kick in and pay for the exact same expenses that the at-fault driver’s insurance policy would have, such as:

Medical bills (past and future)

Lost wages

Pain and suffering

Property damage (if your policy covers it)

The ability to file a direct lawsuit against an uninsured motorist is still available in Texas, but it is almost never a good way to secure compensation. The simple truth is that many uninsured drivers in Texas have no real personal assets to satisfy a large judgment, even if you win your lawsuit. Because of this, the UM/UIM claims process is usually the only way to get the financial compensation that you need.

The UM/UIM Claims Process, Step by Step

As the name implies, the UM/UIM claims process is the process for filing a claim with your own insurance company. Just because it is your own insurer, however, does not mean that you should not have a lawyer by your side. An insurance company is still an insurance company, and their only job is to pay out as little as possible. A good attorney will ensure that you are being treated fairly and not taken advantage of.In general, here is what you can expect:

Immediate Steps: 

First and foremost, you will want to make sure that you call the police to get a formal report of the accident. You should also seek immediate medical care, even if your injuries seem minor or you are only in pain momentarily. The adrenaline rush you get from a car accident often masks pain, and you will need a medical record to support your claim.

Notification: 

You must give prompt notice of the accident to your insurance company. You will likely have to complete a “notice of claim” form, which will require a detailed written description of the accident. In this situation, it is best to consult with an attorney before giving a recorded statement, as what you say can be used against you and to devalue your claim.

Proof of Loss: 

You must file a proof of loss with the insurance company. This is basically a formal demand for payment, accompanied by a variety of forms, a police report, and proof of the damages you sustained.

Negotiations: 

Negotiating with an insurance company is a job for an experienced attorney. Your attorney will take on all communications with your insurance company and will protect your interests in negotiations. We will fight to get you a fair settlement that covers all of your damages, not a lowball settlement offer.

Statute of Limitations in UM/UIM Claims

Texas has a two-year statute of limitations for personal injury cases in Texas. This is the deadline for filing a personal injury lawsuit against the at-fault driver. It’s important to note, however, that a UM/UIM claim is actually a contract claim, or a breach of contract case against your own insurer and has a four-year statute of limitations. This period generally starts to run from the date that your insurer denied your claim, which can be a tricky issue. 

It is easy to lose track of time or make a mistake in the claims process, which could bar your right to recovery.

If you have been hurt in a car accident in Northwest Harris County, Personal Injury Attorney, Shaw Clifford and the Law Office of Shaw Clifford has the experience to help you through the complex UM/UIM claims process. We will help you hold all parties accountable and recover the compensation that you deserve.

Contact Shaw Clifford