Being involved in a car accident is always stressful, but it can be even more challenging when the at-fault driver does not have enough insurance to cover your losses. Underinsured motorist (UIM) coverage is designed to protect you in these situations. It is designed to bridge the gap between the at-fault driver’s policy limits and your actual damages.
Understanding how much you can recover from a UIM claim depends on several factors, including your policy limits and the extent of your injuries. Although the UIM claims process can be complicated, with the right car accident lawyer from Carew Garcia Bohuslav Law, PLLC, you can maximize your compensation and protect your financial future. Here is more about the factors that could impact how much compensation you recover from an underinsured motorist claim and how to get the most out of your case.
Factors Affecting Underinsured Motorist Claim Amounts
The amount you can recover through a UIM claim depends on various factors specific to your case. Some of the most significant elements that may influence your settlement include:
Policy Limits
Your UIM recovery is capped by the limits of your policy as described by the Texas Department of Insurance. For example, if your UIM coverage is $50,000, that is the maximum amount you can receive, even if your damages exceed that amount.
Medical Expenses
The cost of your medical care, including emergency treatment, surgeries, rehabilitation, and ongoing care, is a critical component of your claim. We must accurately document every medical expense to ensure we have accounted for all losses.
Lost Wages
If your injuries prevent you from working, your lost wages and any diminished earning capacity will factor into your claim. This includes both past income you have missed and potential future income losses. You may also be entitled to compensation for your loss of benefits provided by your employer, such as sick leave or holiday pay.
Property Damages
Vehicle repair costs for modern cars and trucks can be very costly. Your UIM claim could help cover the repair costs for your vehicle as well as compensation for the diminished value of your vehicle.
The UIM Claim Process
Filing an underinsured motorist claim involves several important steps. Working with an experienced personal injury lawyer from Carew Garcia Bohuslav Law, PLLC can simplify the process and increase your chances of recovering a fair settlement:
- Report the accident
- Gather supporting evidence
- Evaluate the at-fault driver’s coverage
- Submit a UIM claim
- Work with the claim adjuster
- Negotiate a fair settlement
- Initiate litigation if necessary
Tips for Maximizing Your UIM Claim
Obtaining the full value of your UIM claim requires careful preparation and strategic action. Here are some tips to help maximize your payout:
Gather Comprehensive Evidence
Strong evidence is the foundation of a successful claim. Take photos of the accident scene, obtain a copy of the police report, and collect medical records that detail your injuries and treatment.
Document All Expenses
Keep detailed records of all accident-related costs, including medical bills, repair estimates, and proof of lost wages. This ensures we do not overlook any damages when calculating your claim.
Avoid Giving Recorded Statements
Insurance companies may use recorded statements against you. Protect yourself from being taken advantage of by having your attorney negotiate with the insurer on your behalf.
Understand Your Policy
Review your UIM policy to understand its limits and exclusions. This information can help you set realistic expectations as you move through the insurance claims process.
Underinsured Motorist Claim FAQ
What is underinsured motorist coverage?
Underinsured motorist (UIM) coverage protects you when the at-fault driver’s insurance policy is insufficient to cover your damages.
How much UIM coverage do I need?
The amount of UIM coverage you need depends on your financial situation and potential risks. Many experts recommend purchasing coverage equal to or greater than your liability limits.
Can I file a UIM claim if I’m partially at fault?
In Texas, you can still file a UIM claim if you are partially at fault, as long as your fault does not exceed 50% per Tex. Civ. Pract. & Proc. Code § 33.001. However, your compensation will be reduced by your percentage of fault.
What if my insurance company denies my UIM claim?
If your claim is denied, we can review the denial, gather additional evidence, and appeal the decision or file a lawsuit if we determine the insurance company has handled your claim in bad faith.
Trust In a Premier Texas Car Accident Lawyer When You Need Help
Your underinsured motorist accident may have upended your life, but it does not need to define your future. A highly experienced truck accident lawyer from Carew Garcia Bohuslav Law, PLLC may be able to help you maximize your settlement and get the justice you deserve.
With decades of legal experience and a passion for zealous client advocacy, our firm’s dedication and commitment are unmatched. Get our team working on your case as soon as today when you contact our office by phone or through our quick contact form to request your free, no-obligation-obligation consultation.