Uninsured or underinsured motorist coverage can be part of your auto insurance policy. Texas only requires that you carry liability insurance. Liability insurance covers other people for damage or injuries that you caused. But, coverage like uninsured motorist compensates you after an accident and not a third party.
One in eight drivers on the road does not carry auto insurance. If you have been involved in a auto accident, make sure that you have coverage that compensates you regardless of the other driver or fault.
The Texas Insurance Code Title 10 §1952.101 provides for Uninsured and Underinsured motorist coverage. Underinsured/Uninsured pays the insured (that means you) directly for property damage and bodily injuries, not to exceed the limit specified in the insurance policy. Payments for property damage will usually carry about a $250.00 deductible.
For example, you may have a collision that is the fault of the other driver. If your damages exceed the other driver’s policy limits, you can recover under their coverage and your underinsured coverage. This means that you may recover under both types of coverage. The insured shall designate one coverage as the primary coverage. When the primary coverage is exhausted, the insured may recover under the secondary coverage.
The other driver may claim to have no insurance coverage. If so, the insurer has the burden of proof as to whether a motor vehicle is uninsured. These cases should be handled in the county where the beneficiary instituting the action resided at the time of the accident or the county where the accident occurred.
If you have been involved in an automobile accident, go over all the coverage that you have with your lawyer. They review your coverage for uninsured or underinsured motorist coverage and help you to understand the different areas of coverage that you may have. One of the jobs of your attorney is to try and make a bad event a little easier. They do this by trying to get you the best possible recovery.