Every day thousands of uninsured or underinsured drivers are on Texas roads with the potential to cause accidents that they would not be able to pay for. These actions can lead to precarious legal and financial situations for everyone involved and cause unnecessary stress in the wake of already traumatic car accidents. Though the path forward after an accident with uninsured or underinsured drivers may seem uncertain, our team of lawyers can give you the advice that you need to help guide you through this situation.
It’s important to us that those responsible for causing accidents are also held financially responsible for their actions through personal injury claims. Our experienced attorneys at García Injury Law know how to handle claims that involve uninsured and underinsured drivers. We can answer your questions and give you the legal assistance you need after an accident with drivers who aren’t covered by insurance.
An Introduction to Uninsured and Underinsured Motorist Coverage
Regular car insurance is meant to help you cover damages to your vehicle or injuries for yourself, passengers, and people in other vehicles that occur in an accident. Ideally, insurance would pay for the full amount of damages. However, when a motorist is uninsured or underinsured, that isn’t only bad news for that vehicle owner; that can be a dangerous liability for anyone who they’re involved in an accident with. Being uninsured or underinsured often means that if the accident was that driver’s fault, they wouldn’t get help covering part or all their own medical costs — not to mention those of other drivers and passengers associated with the accident.
Your regular insurance will pay for damages for you and others up to a certain amount, depending on your coverage. The more you spend on insurance coverage, the more your insurance company will pay out in the case of an accident. Purchasing uninsured or underinsured motorist coverage is an extra charge on top of your policy, but it can be well worth the slight monthly increase to ensure that you have more coverage for your and your passenger’s medical bills or other damages related to an accident.
The Importance of Uninsured Motorist Coverage in Auto Insurance
We want to believe that everyone on the road is buying insurance for their vehicles, but that’s not always the case. As of 2024, about 8.3% of drivers in Texas are uninsured. That number rises to about 13% of drivers across the United States. This equates to millions of people who don’t have the coverage they should have when driving. With so many people operating vehicles without proper coverage, it can be a good idea to give yourself the added protection of uninsured or underinsured motorist coverage.
While some states require it, Texas is one of the states that doesn’t mandate uninsured or underinsured motorist insurance. Although this gives drivers the choice of whether or not to pursue this coverage, you need to specifically request and opt into these options. We recommend doing your research with your chosen provider and seeing what your best options are.
What Deters People From Uninsured Motorist Coverage?
Many people forgo adding uninsured or underinsured motorist insurance to their policy because they think it will be a huge monthly or yearly price hike. The truth is that for only a few dollars more, you can get more comprehensive coverage that can keep your financial security safer. Every insurance policy is different, though the average annual cost of uninsured motorist coverage in Texas is between $50 and $75 dollars, equating to an extra $5 to $7 dollars a month added to your premium. Those few extra dollars might help you in the long run.
How Underinsured Motorist Coverage Protects You
Here’s how underinsured motorist coverage protects you. Let’s say you get in an accident, and it’s the other driver’s fault. Maybe that driver has insurance, but it’s not enough to cover the full amount. Even though that driver is legally responsible if they don’t have the funds, you’ll be unable to get the money, and the medical bills you incur will still have to be paid — by you.
If you have uninsured or underinsured motorist coverage, your insurance company will be able to cover more of the costs of the accident that otherwise would have been unable to be recovered from the other driver, saving you money and stress.
Differences Between Uninsured and Underinsured Motorist Coverage
Uninsured and underinsured motorist coverage seems very similar at first glance, but they are two different ideas. It’s important to understand the difference between the two because both have different legal implications.
Uninsured Motorist
When a driver is uninsured, that means that they don’t have any insurance. They are not covered in any way if they get into an accident, whether or not the accident was their fault. This means that any subsequent medical bills that arise from the accident will not be able to be covered by them. This leaves the injured party paying their own bills. It is illegal to drive in Texas without insurance, and being uninsured can lead to further legal issues and fines.
Underinsured Motorist
Underinsured drivers do have insurance coverage, but their insurance coverage falls short. Their insurance may only cover part of an accident and the accompanying medical bills. This could be because they had a lower-priced insurance policy, and the accident went over their policy limit.
This leaves you to cover the rest of the medical bills, even if the other driver was at fault. While it is not illegal to be underinsured, and you may have no way of knowing before an accident if your policy will cover the scope of a catastrophic accident, it can lead to further financial problems.
You can add uninsured or underinsured motorist coverage to your insurance policy at any time. Double-check your insurance policy to see if you’re covered. Look at your insurance company’s policy additions online, or call them to see how much it would be to add to your coverage. You can also check how much your insurance pays during accidents to see your total coverage.
The Price of Driving Uninsured
Uninsured drivers might think they’re saving money, but they’re really putting themselves at financial risk, and not just because of the possibility of accidents. Their actions could lead to certain penalties.
- A first offense could come with fines of up to $350.
- A second offense could be fined up to $1000.
- The car can be impounded for half a year (and the driver would have to pay storage fees).
- Accidents involving serious injuries might lead to fines of up to $4000 and/or jail time of up to one year.
- Insurance premiums, when the driver does apply for them, might be higher.
Common Situations Involving Uninsured or Underinsured Motorists
Including some drivers who negligently don’t get insurance, you might run into uninsured or underinsured motorists that include:
- Accidents with rideshare drivers, where they do not have enough coverage or did not tell their insurance company they were driving for a rideshare
- Hit-and-run accidents
- Accidents involving teenage drivers who might not be included under their parent’s insurance
- Accidents involving drivers whose insurance is expired or lapsed
Because accidents can happen at any time, it’s best to be prepared for situations where you might face a driver who doesn’t have coverage. Our attorneys can help you figure out your next best step if you find yourself in a situation with an uninsured or underinsured driver.
State-Specific Regulations for Uninsured and Underinsured Coverage
Texas requires drivers to have a certain amount of coverage when operating vehicles. The minimum amount of liability coverage a Texas driver can have is:
- At least $30,000 in injuries per person (totaling $60,000 per accident)
- $25,000 in property damage
While these may seem like large numbers, the cost of a car accident can be much higher than that, with medical bills near to or over a million dollars, depending on the extent of the injuries involved, and the number of people who needed medical care. Being fully insured might mean purchasing a higher-priced policy in the present that can help you save more in the future.
Comparative Negligence and Uninsured or Underinsured Drivers
In Texas, comparative negligence portions compensation according to responsibility for the accident between the two (or more) parties involved. In cases with uninsured or underinsured motorists, much of the financial responsibility might land on your shoulders simply because the other drivers can’t pay.
We understand how unjust that feels. Allow our team to help you navigate your best approach to this difficult situation so you aren’t stuck with a financial burden that shouldn’t be yours.
Why Should I Get a Lawyer for Uninsured/Underinsured Motorist Accidents?
Even if the responsible party is underinsured or uninsured, we can assist those who have been through a traumatic car accident. Our team is experienced in negotiating with insurance companies — including our own client’s insurance. Our team can help you:
- Collect essential evidence for your claim
- Talk to bystanders and witnesses after the accident
- Help you investigate a hit-and-run accident
- Gather photos and videos, including security camera footage or traffic camera footage
- Negotiate with your insurance company or an underinsured motorist’s insurance company for a fair payout
Contact García Injury Law Today
While we can’t ensure that everyone has appropriate coverage, we can assist you if you find yourself in a car accident with a motorist who doesn’t have enough coverage. Let our team of lawyers help you with your personal injury claim. Contact us online or call our office at 512-474-4487 to get your questions about uninsured and uninsured motorists answered.
