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Uninsured Motorist and Under Insured Motorist Coverage Explained

May 3, 2022
According to the Texas Department of Insurance, an estimated 20%, or one out of every five vehicles in Texas, is uninsured. That's about 4 million motorists driving around without insurance in Texas.

Being involved in a car accident is a stressful situation. Adding in the possibility that the at-fault driver may not be insured is another issue to add to the whole process.

It isn't fair nor ideal to have to protect yourself from someone else's inability to have insurance, but having Uninsured and Underinsured Motorist Coverage on your own auto policy can help mitigate some of those physical and financial stresses.

What is the difference between Uninsured and Under-Insured Motorist Coverage?

To simplify, when you are involved in an accident with an at-fault driver that does not have insurance, you can make an Uninsured Motorist claim with your own insurance to help recoup costs related to your damages.

Under-Insured Motorist Coverage will apply if the at-fault driver did have insurance but did not have enough under their policy limits to cover your damages.

Find out what to do if you were a passenger in an at-fault vehicle.

Auto insurers in Texas are required to offer UM when purchasing an insurance policy OR they must obtain an authorized signature from the policyholder rejecting the coverage. If the insurance company fails to obtain your signed written rejections, you are covered. It is up to you to reject this coverage, not the insurance company. If you are having difficulty filing your injury claim, contact our office right away.

What is the difference between UMPD and UMBI?

Both refer to subsets of Uninsured Motorist Coverage. UMBI refers to Uninsured Motorist Bodily Injury Coverage. This covers your medical expenses in the event you are injured in a car accident and the at-fault driver was uninsured. UMBI typically covers your passengers for their injuries as well.

UMPD refers to Uninsured Motorist Property Damage Coverage. This covers damage to your car or property after a crash with an at-fault driver who has no car insurance. Pay close attention to this portion of your policy as a payout may be deemed necessary only if the at-fault driver is identified.

A deductible may apply and some UM policies do not include UMPD based on other selected coverages, such as collision coverage.

What can I do if the at-fault driver does not have insurance?

Remember, the purpose of maintaining liability insurance is to protect yourself and your assets from a potential lawsuit in case you cause an accident. So, if you are hit by someone who does not have liability insurance, that person has opened themselves to fines, penalties, and legal ramifications. You may be able to file a lawsuit against them in pursuit of compensation for your damages.

Keep in mind that very few uninsured drivers have the resources to pay for personal injury damages. You should consult with a personal injury attorney as soon as possible to protect your rights and potential claim.

Review your policy to see if you have Uninsured Motorist (UM) Coverage - this is an incredibly important protection to include on your policy. UM protects you if you’re in an accident with an at-fault driver who doesn’t carry liability insurance - this often includes a hit-and-run situation in which the at-fault driver flees the scene.

Injured by a drunk driver? Call Stanley & Associates, Texas Injury Attorneys

If you or a loved one have been injured in a car wreck due to a drunk driver, contact Stanley & Associates for your free case consultation. We have represented thousands of clients across Texas and have over a decade of experience.

Our Texas car accident attorneys are available 24/7 to assist you. We work on a contingency fee basis, which means no fee unless we win. Call 844-227-9739

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Jacob s. hughey

Attorney and Partner

Jacob is a compassionate, no-nonsense personal injury attorney. Rest assured, he will fight for the best outcome possible for your injuries.

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Dustin C. Brown

Attorney and Partner

Dustin practices law for the individual because people need a strong voice in their corner.

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