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When you get into a car accident that is caused by another driver, it can be bad enough. However, matters can seem even worse if the at-fault driver:
Flees the scene
Has insurance that won’t fully cover your losses.
Has insurance that won’t fully cover your losses.
You may be confused about how you will pay for the repair or replacement of your car or your medical bills. You may also be wondering how you will handle all of your other expenses while dealing with your injuries and being unable to work.
Unfortunately, this scenario is all too common in Texas. In fact, according to news reports, 14 percent of the state’s drivers are on our roads without legally required auto insurance, or around 2.5 million drivers.
If you find yourself facing this difficult situation after getting into an car accident in Fort Worth, Tate Law Offices, P.C., wants to help you.
Our lawyers have many years of experience with handling auto accident claims involving hit-and-run, uninsured and underinsured drivers.
Contact Your Fort Worth Uninsured Car Accident Lawyer
Our attorneys can review your case and sort through all of your options, which may include:
- Filing a claim with your own auto insurance company
- Seeking a recovery from a liable third party
- Pursuing compensation from the at-fault driver’s personal assets.
Our goal is simple: We want to maximize your compensation. We will charge no fees unless we secure a settlement or verdict that benefits you and your family.
Get Help from Our Fort Worth Uninsured Car Accident lawyer Attorneys
At Tate Law Offices, P.C., we understand the problems that can arise when you are injured in an accident involving a hit-and-run, uninsured or underinsured driver. Our goal is to help you to overcome those problems and seek the compensation you deserve.
What Does Auto Insurance Cover in Fort Worth?
In your consultation, we can explain how auto insurance works in Texas and review the policies involved in your case. Ultimately, we can pursue all options for your financial recovery.
Under Texas law, all drivers who register a car in our state must carry liability insurance. This auto insurance pays for the property damage and bodily injury that you cause someone else to suffer in an accident that was your fault.
The law requires drivers to carry this insurance in the following minimum amounts, or limits:
- $30,000 for injury to one person
- $60,000 for injury to two or more persons
- $25,000 for property damage per accident.
When you buy an auto insurance policy in Texas, the insurer must also offer you the following types of coverage:
- Personal Injury Protection (PIP) – This covers your medical expenses and 80 percent of your lost income. This coverage is available regardless of who was at fault in your crash. The insurer must offer a minimum of $2,500 in coverage. You have this coverage unless you reject it in writing.
- Uninsured / Underinsured Motorist (UM / UIM) – This insurance will cover your losses if you are in a crash with a hit-and-run, uninsured or underinsured driver. A recovery, however, requires establishing that another driver was at fault. You can have either bodily injury or property damage UM / UIM, or both. Like PIP coverage, you are deemed to have this coverage unless you reject it in writing. The insurer must offer it to you in the following minimum amounts:
- $30,000 for injury to one person
- $60,000 for injury to two or more persons
- $25,000 for property damage per accident.
As part of our investigation of your car accident, Tate Law Offices, P.C., can determine the amount of liability coverage available through the at-fault driver’s auto insurance policy. We can also review your own policy.
In addition to PIP benefits and UM / UIM, your policy may also provide:
- Medical Payments – This is coverage for your medical expenses. If you have lost a loved one, it would cover your family’s funeral and burial costs as well. Establishing fault is not required.
- Collision and Comprehensive – If you are financing your car, you may need to have this coverage. Collision covers damage to your vehicle in a crash, regardless of who was at fault. Comprehensive covers damage caused by reasons other than a crash such as a collision with an animal or fire, hail or vandalism.
After your crash, you may be contacted by the other driver’s insurance company or your own insurer. Never give a recorded statement or agree to a settlement of your case without first talking with Tate Law Offices, P.C.
You should know that insurance companies often make initial offers that fail to fully cover all of your losses. Also, an insurer may take anything you say and try to use it against you.
Tate Law Offices, P.C., will make sure your rights are protected. We can deal directly with the insurance company while you focus on getting better after your crash. We can also review any settlement offers you receive and advise you on whether they fairly compensate you. If not, we can negotiate with the insurance company on your behalf.
What Are Your Options If Hit by an Uninsured / Underinsured Driver in Fort Worth?
If another driver’s negligence cause you to suffer injuries, you have the right to be fully compensated for all of your losses, including your past and future medical expenses, past and future lost income, pain and suffering and more.
If the other driver lacks insurance or has insurance that fails to cover all of your losses, we can pursue options that include:
- Bringing a claim against the at-fault driver – We can seek compensation for you from the driver’s personal assets. However, in reality, most drivers lack the assets to cover the type of financial losses a person sustains in an auto accident.
- Filing a UM / UIM claim – The best option would be to seek compensation through your own insurance coverage (unless you rejected it in writing). Your recovery would be subject to the limits of your policy. For this reason, we suggest buying UM / UIM coverage above the minimum limits. A small difference in premiums could make a major difference if you are involved in a crash.
- Pursuing a recovery from a liable third party – If the at-fault driver was acting in the course and scope of his or her employment at the time of the crash, the driver’s employer could be held liable for your losses. If your case involved a drunk driver, a claim could possibly be made against the bar, restaurant or store that provided alcohol to the driver.
How Does the UM / UIM Claims Process Work in Fort Worth?
Filing a UM / UIM claim in Texas can be a complicated process. The lawyers of Tate Law Offices, P.C., can carefully guide your case through every stage.
For instance, most insurance policies will require you to receive written consent from your auto insurance policy in order to bring a claim against an uninsured / underinsured motorist. We can work with your insurer to obtain this consent.
Additionally, in some cases, whether the driver who caused your crash is “underinsured” may be an issue. We can establish the full extent of the losses you have suffered and determine whether the at-fault driver’s coverage will satisfy those losses.
Another issue may be whether you can “stack” your UM / UIM coverage. In Texas, if you have purchased more than one policy, the amount of coverage available to you would be the sum of those policies. We can determine whether stacking applies to your case.
What Can You Do If Your Insurer Denies Your UM / UIM Claim in Fort Worth?
Insurance companies may claim that you are “in good hands” with them or that they will be by your side if something unfortunate such as an auto accident happens to you.
However, in reality, they are for-profit businesses. Their goal is to maximize their revenue by paying as little as possible in claims – including your claim. If an insurance company unjustly denies your UM / UIM claim or otherwise fails to deal with you in good faith, Tate Law Offices, P.C., will fight for you.
Depending on the facts of your case, we may pursue a “bad faith insurance claim” on your behalf. Such a claim may be warranted if the insurer denies your claim after failing to investigate, negotiate or settle your claim in good faith. For instance, in some cases, an insurer may misrepresent your policy and assert that an exclusion provision applies to your case and bars your claim.
At Tate Law Offices, P.C., we know common auto insurance company tactics, and we know how to counter them. You can count on us to aggressively protect your rights.
Sources / More Information
- Automobile Insurance Made Easy, Texas Department of Insurance
- Dallas County’s Uninsured Driver Rate Speeds Up, The Dallas Morning News
