Auto Accidents

Uninsured and Underinsured Motorist

Some studies suggest that 1/3 of all drivers have no insurance completely ignoring auto insurance requirements. These individuals either fail to, or cannot afford to purchase insurance, or they carry insufficient insurance. Uninsured motorist coverage is a form of insurance that pays for bodily injury that results from an accident with a driver who is legally responsible for the injuries, but has no liability coverage. Underinsured motorist coverage pays for bodily injury that results from an accident with a driver who has liability insurance with limits that are lower than the injured party's underinsured motorist coverage limits. If you have been involved in an accident with an uninsured or underinsured driver, it is important that you contact an attorney at an experienced personal injury law firm immediately so you do not waive valuable legal rights.

Uninsured Motorists

Typically, uninsured motorist coverage protects injured drivers if the at-fault driver has no insurance. Uninsured motorist coverage can also apply when someone is injured in an accident with an unidentified hit-and-run vehicle. If a person has uninsured motorist coverage and is in an accident with an uninsured motorist, he or she can collect from his or her insurance company to recoup damages. If you are involved in an accident with an uninsured motorist, you should consult with an experienced personal injury attorney before you file a claim with your insurance company to ensure that you obtain all of the coverage available to you.

Underinsured Motorists

Underinsured motorist coverage provides compensation for injured drivers when the at-fault driver does not have enough insurance coverage to compensate the injured party in full for his or her injuries. An "underinsured motorist" is generally a person who is responsible for the injuries, but who has opted to purchase only the minimum policy required by law. If a person has purchased underinsured motorist coverage is in an accident with an underinsured motorist, he or she may be able to collect from his or her insurance company to recoup damages that are greater than the responsible party's limits.

Collecting benefits

In order to collect underinsured or uninsured motorist benefits, a party generally must first establish that the underinsured or uninsured driver was at fault and that he or she suffered significant injuries. In the case of underinsured motorist benefits, the injured party must also collect the at-fault driver's policy limits before collecting under his or her own insurance policy. An insurance company is typically entitled to a credit for any recovery received from the underinsured motorist's policy.

Stacking Insurance Coverage

Uninsured and underinsured motorist coverage is "stackable" in Texas. Stacking uninsured or underinsured motorist coverage may permit a person to add together either insurance coverage from several auto policies or insurance coverage from family members.

Conclusion

Uninsured and underinsured motorist coverage protects a person if someone who does not have adequate insurance injures him or her in an automobile accident. If you are in an accident with someone who is uninsured or underinsured, do not settle with the other driver's insurance company without first contacting our law firm. Some underinsured motorist policies are not required to pay if the insured person has settled with the other driver's insurance company with out first obtaining consent to settle. This can be a very costly mistake. Protect your rights, contact our firm today. An attorney can provide you with the information and support you need to obtain the best result available to you.

If you have been injured in a car accident, please contact Carabin & Shaw today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.

For immediate assistance, call us toll-free at 1.800.862.1260 .

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