One of the most common ways to recover compensation after a car accident is by filing a claim with the insurance company. However, if the driver who hit you is underinsured, you may not be able to recover as much compensation as you were hoping for through an insurance claim alone. Fortunately, with help from a reputable Texas car accident lawyer from Carew Garcia Bohuslav Law, PLLC, you can still get the most out of your claim.
Our team will closely evaluate the circumstances of your case to determine whether you can recover a portion of your damages through an insurance settlement and help you navigate your underinsured motorist claim to ensure the insurance company is held accountable for its legal obligations. We can help you understand how your underinsured motorist claim works and how much compensation you can expect to recover after reviewing the details surrounding your accident more extensively. Fortunately, even if your underinsured motorist claim is insufficient, you may have additional legal options to maximize your payout.
How Underinsured Motorist Claims Work in Texas?
Texas is a fault-based insurance state per Transportation Code Chapter 601. Motor Vehicle Safety Responsibility Act. Generally, after you have been involved in an accident, you will file a claim with the liable party’s insurance provider. However, what happens if the driver who hit you lacks enough insurance coverage to pay for the full value of your damages?
If you have purchased uninsured or underinsured motorist coverage as part of your personal auto insurance policy, you may be able to recoup a portion of your damages by filing an underinsured motorist claim. Filing a claim with your own insurance provider may not always be in your interest, even if you have purchased uninsured or underinsured motorist coverage. This is because filing a claim with your insurer could increase the amount you are expected to pay in premiums when it is time for your policy to renew.
However, after reviewing the circumstances of your case, your personal injury lawyer will have a better idea as to whether filing an underinsured claim is the best option for your case. In some instances, it is better to file a claim against your own insurance policy than get stuck covering the cost on your own or take a chance when your case goes to trial.
Texas Auto Insurance Requirements
All motorists are required to carry auto insurance coverage in the state of Texas as required by the Texas Department of Insurance (TDI). Under statute § 601.191, motorists are expected to carry the following types and amounts of coverage:
- $30,000 per person in bodily injury liability coverage
- $60,000 per accident in bodily injury liability coverage
- $25,000 per accident in property damage liability coverage
As can be seen, drivers are not required to carry comprehensive, collision, GAP insurance, or uninsured or underinsured motorist coverage. However, when you choose to add uninsured and underinsured motorist coverage to your policy, you can protect yourself if you are ever involved in a collision with a driver who does not have enough insurance coverage in place to meet your needs.
What Happens if Insurance Isn’t Enough?
Unfortunately, when you file a claim with the insurance company, it may not be enough to cover the full value of your damages. The liable party may have the minimum amount of auto insurance coverage in place, which could have a devastating impact on your ability to maximize your settlement through an insurance claim alone. For instance, if the at-fault party has only purchased the minimum $60,000 required in bodily injury liability coverage, but your medical expenses are greater than $100,000, you could have an excess of over $40,000 remaining in medical bills alone.
When you file a claim against your uninsured or underinsured motorist policy, the amount of coverage you have purchased will determine how much you can recover through your insurance settlement. However, just because you are dealing with your own insurance company does not mean the negotiation process will work out in your favor.
Of course, your truck accident attorney from Carew Garcia Bohuslav Law, PLLC will do everything possible to protect you from being taken advantage of by the insurance company. You can take steps to protect yourself by refusing to provide the insurance adjuster with a statement without your attorney present. We can address any of the insurance company’s questions or concerns, and provide them with your claim filing and the evidence they are going to need to continue processing your claim. Then, if your settlement offer is significantly less than your policy amounts allow for, we can continue negotiating settlement terms on your behalf.
Types of Damages The Insurance Company Might Cover
The insurance company is not going to compensate you for every single loss. Instead, your insurance settlement will cover specific types of damages as described in your uninsured or underinsured motorist policy. For instance, if you purchased $30,000 per person/$60,000 per accident in uninsured or underinsured motorist bodily injury liability coverage, the insurance company would only pay up to $60,000 in medical expenses.
Insurance companies traditionally do not offer compensation for any damages that are not specifically included in the policy terms. For example, you may not be able to recover compensation for your pain and suffering or emotional distress through an insurance claim alone. Instead, you may need to be prepared to move forward with a personal injury lawsuit if you hope to recoup the total value of your losses.
Meet With a Premier Texas Car Accident Lawyer for Help Today
Filing an underinsured motorist accident claim can be intimidating. As if dealing with the insurance company was not stressful enough, now you need to worry about whether the amount of coverage you purchased will fully meet your needs. Fortunately, even if you cannot recover the compensation you are entitled to through the liable party’s insurance coverage or your own underinsured motorist policy, you may still demand maximum compensation when you bring your case to trial.
Get the legal support you need to demand the compensation you deserve when you contact a high-powered Texas personal injury attorney from Carew Garcia Bohuslav Law, PLLC. We proudly offer 100% free consultations to car accident victims across the state. Claim yours as soon as today when you fill out our convenient contact form or call our office to get started.