Uninsured and Underinsured Motorist Claims - Houston Car Accident Lawyers

Uninsured/underinsured motorist (UM/UIM) coverage is part of your own auto policy that helps pay for your injuries and losses when the at-fault driver has no insurance or not enough to cover the harm. In Texas it is offered with every policy and applies only if you did not reject it in writing. This is general information, not legal advice.

What UM/UIM coverage is

Two related protections often travel together. Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance at all, and it can also apply in certain hit-and-run situations where the responsible driver cannot be identified. Underinsured motorist (UIM) coverage applies when the at-fault driver does have insurance, but their limits are too low to cover your losses.

Both are first-party coverages, meaning you claim against your own insurer. They step into the shoes of the missing or inadequate coverage the other driver should have carried, helping pay for injuries and, depending on your policy, certain property damage.

Why this coverage matters in Texas

Texas requires drivers to carry only minimum liability limits of 30/60/25, which is 30,000 dollars per injured person, 60,000 dollars per accident, and 25,000 dollars for property damage. Serious crashes routinely produce medical bills and losses that exceed those figures. On top of that, some drivers carry no insurance at all despite the requirement.

UM/UIM coverage is designed for exactly these gaps. If you are badly hurt by a driver with a 30,000 dollar limit and your bills climb well past it, your own UIM coverage may help make up the difference, up to your policy limits. Without it, you could be left absorbing costs the other driver simply cannot pay.

How UM/UIM claims typically work

Because you are claiming against your own insurer, the process runs a little differently than a liability claim:

You still must establish the other driver’s fault and the extent of your damages, just as you would against their insurer.
UIM often comes into play after the at-fault policy is addressed. Insurers commonly expect the other driver’s limits to be accounted for before UIM pays the remaining covered losses.
Your insurer becomes the party evaluating your claim, which can feel adversarial even though it is your own company.
Notice and cooperation terms in your policy apply, so review your policy’s requirements and deadlines.

Keep the same documentation you would for any claim: the crash report, medical records and bills, wage-loss proof, and repair or valuation records.

Stacking and policy limits, in general

People sometimes ask about “stacking,” which broadly refers to combining coverage limits, for example across multiple vehicles on a policy or across multiple policies, to increase the total available. Whether and how any stacking applies depends heavily on your specific policy language and the circumstances. The general point to take away is that your available UM/UIM protection is defined by your own policy, so it is worth reading your declarations page to see what limits you actually carry.

Because you were offered this coverage when you bought your policy, you likely have it unless you rejected it in writing. If you are not sure, check your policy documents or ask your insurer to confirm your UM/UIM limits.

Frequently asked questions

Do I have UM/UIM coverage if I never asked for it?

In Texas, insurers must include UM/UIM coverage unless you rejected it in writing. Many drivers have it without realizing. Check your declarations page or ask your insurer to confirm. This is general information, not legal advice.

When does underinsured coverage actually pay?

UIM generally applies when the at-fault driver has insurance but their limits are too low to cover your losses. It helps cover the remaining covered damages up to your own UIM limit, after the at-fault policy is accounted for.

Will using my own UM/UIM coverage raise my rates?

That depends on your insurer and policy, and it is not something we can predict for your situation. What matters is that UM/UIM exists precisely to protect you when the other driver cannot, which is the reason many people carry it.