Uninsured and Underinsured Motorist Claims in Texas
When the driver who hit you has no insurance, or nowhere near enough, the recovery usually comes from your own policy. That turns your insurer into the opposing party, which changes how the claim has to be handled.
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What UM and UIM coverage actually do
Uninsured motorist coverage responds when the at-fault driver has no liability insurance, or cannot be identified, as in a hit and run. Underinsured motorist coverage responds when the at-fault driver has insurance but not enough to cover the harm.
Texas requires insurers to offer both, and the coverage applies unless you rejected it in writing. Many drivers do not know whether they carry it, and the declarations page of your own policy is the first document worth reading after a collision with an uninsured driver.
Why Texas minimum limits run out so quickly
Texas requires drivers to carry at least 30,000 dollars per injured person and 60,000 dollars per crash. A single ambulance ride, an emergency department visit and imaging can consume a substantial share of that before any treatment begins.
That is the practical reason UIM coverage matters. It is not protection against reckless strangers so much as protection against the ordinary reality that the minimum is far below what a serious injury costs.
Your insurer becomes your opponent
A UM or UIM claim is made against your own insurer, and once money is at stake it behaves like any other insurer defending a claim. It will evaluate fault, dispute the extent of injury and question causation.
The relationship is contractual rather than adversarial in form, which means your policy imposes duties on you: prompt notice, cooperation, and in most policies, obtaining the insurer's consent before settling with the at-fault driver.
The consent trap in an underinsured claim
Where the at-fault driver's insurer offers its policy limits, accepting without your own insurer's written consent can destroy the UIM claim entirely. The reason is subrogation: by settling, you extinguish your insurer's right to recover from the at-fault driver, and policies protect that right by requiring consent.
This is one of the most common ways a valid claim is lost, and it happens precisely when an injured person believes they are doing the sensible thing by accepting what is offered.
Hit and run claims
UM coverage can respond to a hit and run, but insurers generally require prompt reporting to police. Where there was no physical contact, as with a driver forced off the road, policies commonly require independent corroboration. Reporting immediately protects the claim.
Deadlines are different here
A UM or UIM claim is a contract claim against your insurer, and the deadline is not necessarily the two year period that applies to the claim against the at-fault driver. Policy conditions can impose their own shorter requirements for notice and for filing suit. Read the policy early rather than assuming two years applies.
Summary
| Uninsured motorist | Underinsured motorist | |
|---|---|---|
| When it applies | At-fault driver has no liability insurance, or is unidentified | At-fault driver has insurance but not enough |
| Typical scenario | Hit and run, or an uninsured driver | Serious injury against minimum limits |
| Claim is against | Your own insurer | Your own insurer |
| Consent needed to settle with the other driver | Not usually relevant | Yes, and settling without it can void the claim |
| Deadline | Set by the policy as well as by statute | Set by the policy as well as by statute |
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Frequently asked questions
You do unless you rejected it in writing. Texas requires insurers to offer UM and UIM coverage, and it is included by default. Your declarations page will show it, and it is worth checking before assuming there is no recovery available.
Not without written consent from your own insurer if you intend to make an underinsured motorist claim. Settling without consent can extinguish your insurer's subrogation rights and void the UIM claim. This is one of the most common ways a good claim is lost.
A claim in which you were not at fault should not be treated as an at-fault claim. If you are concerned, ask your insurer how it classifies the claim before deciding, rather than assuming.
Usually yes, but insurers generally require prompt reporting to police, and where there was no physical contact, independent corroboration. Report it immediately to protect the claim.
Not necessarily. A UM or UIM claim is a contract claim against your own insurer, and the policy can impose its own notice and suit requirements. Read the policy early rather than assuming the two year limitations period governs.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
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