Uninsured and Underinsured Motorist Claims

Uninsured/underinsured motorist (UM/UIM) coverage is the 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 comes with every policy and applies unless you turned it down in writing. This is general information, not legal advice.

What UM/UIM coverage is

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

Both are first-party coverages, which means 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 your injuries and, depending on your policy, certain property damage.

Why this coverage matters in Texas

Texas only makes drivers carry 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 blow past those figures all the time. On top of that, some drivers carry no insurance at all despite the requirement.

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

How UM/UIM claims typically work

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

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

Keep the same paperwork you would for any claim: the crash report, medical records and bills, proof of lost wages, and your repair or valuation records.

Stacking and policy limits, in general

People sometimes ask about “stacking,” which broadly means combining coverage limits, say across multiple vehicles on one policy or across multiple policies, to raise the total available. Whether and how any stacking applies leans heavily on your specific policy language and the circumstances. The takeaway is simple: your available UM/UIM protection is defined by your own policy, so it’s worth reading your declarations page to see what limits you actually carry.

Because you were offered this coverage when you bought your policy, you probably have it unless you rejected it in writing. 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 have to include UM/UIM coverage unless you rejected it in writing. A lot of 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 kicks in when the at-fault driver has insurance but their limits are too low to cover your losses. It helps with 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 your policy, and it’s not something we can predict for your situation. What matters is that UM/UIM exists precisely to protect you when the other driver can’t, which is why a lot of people carry it.