Uninsured Motorist Claims Attorneys in Houston, Texas

Uninsured motorist (UM) coverage protects you from at-fault drivers in Texas who lack auto liability insurance. UM coverage also protects you from hit-and-run at-fault drivers when evidence shows physical contact between the involved vehicles. UM coverage on your insurance policy compensates you and other occupants of your vehicle for injuries, medical expenses, and other damages. While Texas requires that uninsured motorist coverage be offered on each new auto policy, Texas permits the insured to reject that coverage. However, the rejection must be in writing and signed by the policyholder. The requirement that UM coverage be offered on auto liability policies applies only to new policies, it does not apply to policy renewals.

Uninsured Motorist Coverage Protects You As a Victim of a Hit and Run Accident

Eligibility for uninsured motorist benefits depends on whether you, or the vehicle you occupy, carries uninsured motorist coverage. Uninsured motorist benefits are available when the responsible third party in an auto collision has no insurance, or when an unknown hit-and-run driver flees the scene of the accident. However, to constitute a hit-and-run accident under Texas law, the fleeing vehicle must have made physical contact with your vehicle. Whether physical contact actually occurred can be a source of argument, requiring the client to hire an experienced lawyer which knows how to present the evidence with the use of proper experts.

Policies affording uninsured motorists coverage are usually in these amounts: 30/60, 50/100, 100/300, or 250/500. The amount of uninsured benefits depends upon the amount of coverage selected by the policyholder. A 30/60 policy means the insurance company will pay a maximum of $30,000 per person, but not more than $60,000 per accident. The more coverage an insured desires, the higher the insurance premiums.

For example, imagine John Doe rear-ends Larry's car, injuring both Larry and his passenger, Curly. John Doe has no insurance. Let’s suppose Larry has $48,000 in medical bills and Curly has $45,000 in medical bills. Fortunately, Larry has uninsured motorist coverage of 30/60. Because John Doe had no insurance, Larry’s UM coverage will likely pay Larry the policy limit of $30,000 and Curly the policy limit of $30,000. Larry and Curly may then be required to sign over all of their rights from the auto accident to Larry’s insurance company which may then pursue John Doe to recover the $60,000 it paid to Larry and Curly. If Larry's policy has 50/100 in UM coverage, this means the insurance company will pay no more than $100,000 for the entire accident, but no more than $50,000 to Larry or Curly.

Can I Stack The Benefits?

What if the vehicle I occupy as a passenger has uninsured motorist coverage, and I also have uninsured motorist coverage on my own auto policy? Can I stack the UM benefits from the two different UM policies? The simple answer is yes, stacking UM coverages is permitted in Texas.

What does it mean to “stack” UM benefits? To “stack” benefits means collecting benefits from more than one policy for a particular accident. In Texas, you are allowed to stack uninsured motorist benefits. This means that if Curly had his own uninsured motorist coverage of 30/60, Curly, as the passenger, could stack the benefits from the two policies, allowing Curly to recover $30,000 from Larry's policy and another $30,000 from Curly's policy.  However, Larry is limited to recovering only $30,000 from his own policy.

Don’t Delay! Call Us Now Before Time Runs Out!

If you have sustained injuries because of an accident and the responsible person did not have any insurance, or if the liable driver fled the scene without providing any information, then you may be entitled to collect uninsured motorist benefits. Contact the Houston law firm of Joel A. Gordon & Associates for a free consultation and to discuss how our attorneys may assist you in your claims.