What If the Other Driver Is Underinsured or Uninsured?

A car accident can be devastating, but when the other driver doesn’t have car insurance, it can be a nightmare. How are you going to cover your damages? There are options to consider, but you need to reach out to an experienced attorney right away.

At Kemmy Law Firm, we will work with your own insurance policy and consider filing a lawsuit against the at-fault driver. Call Kemmy Law Firm at (830) 264-6297 or use our online form to reach out for a free, initial consultation. We will go over what happened and explain your options.

We have been working with car accident victims for more than 50 years, and we can help you too. Whether you need a car accident lawyer in Hobbs, NM or an accident attorney in Odessa, TX, contact us today to see how our law firm can help.

How Does Uninsured/Underinsured Coverage Work?

In Texas, insurance companies must offer you uninsured/underinsured motorist coverage. Your insurance company should have given you the option to opt-in to UM/UIM coverage. If you do not have it, you would have had to state that you did not want it in writing.

Uninsured/underinsured motorist insurance is also required in New Mexico. You must have a minimum of $25,000 per person for injuries and $50,000 per accident. The minimum amount of property damage is $10,000 per accident.

Report an Accident to Your Insurer Immediately

Notifying your insurance company promptly after an accident with an uninsured or underinsured driver is crucial in the recovery process. It initiates the claims process, allowing your insurer to start investigating the incident and gathering necessary documentation.

Taking timely action helps protect your rights, ensures a smoother claims process, and increases the likelihood of receiving fair compensation for your losses. Failing to notify your insurer or delaying notification could jeopardize your claim and hinder your ability to recover damages.

Will UM/UIM Insurance Cover All Your Losses and Injuries?

UM/UIM insurance can cover things like:

Medical Expenses: Covers medical bills for you and your passengers.
Lost Wages: Compensates for lost income due to injury.
Pain and Suffering: Provides compensation for pain and suffering resulting from the accident.
Property Damage: Covers repairs or replacement of your vehicle.

However, when you make a claim against this policy it operates similarly to an opposing party’s insurance policy. Insurers (even your own) may delay your claim or refuse to cover valid medical bills, lost wages, and more.

That’s why you should work with an attorney to make sure your insurance company property pays out on your uninsured/underinsured claim. You might think they have your best interests in mind, but the insurance company’s goal is always to pay as little as possible.

Using Your Collision Insurance Policy for Property Damage

Collision insurance will cover damage to your own vehicle if the other party does not have insurance. Collision coverage is not required in Texas or New Mexico; however, it is always a good idea to protect yourself with as much insurance coverage as possible.

If you owe money on your vehicle, your lender will likely require that you have collision coverage on your car. You should have enough to pay off your loan so you don’t end up paying on a vehicle that has been crashed and totaled.

Can Health Insurance Provide Medical Coverage for Injuries?

Your health insurance can also provide medical coverage if you’re injured in an accident. It can cover emergency room visits, hospital stays, surgeries, medical tests, rehabilitation, and follow-up care. However, you’ll still be responsible for your regular deductibles and co-pays.

While health insurance covers medical expenses, it won’t cover other accident-related costs like lost wages or pain and suffering. Work with a personal injury attorney for help determining how your different insurance policies coordinate with each other.

Can You Sue an Uninsured/Underinsured Driver?

You may also sue the at-fault driver personally after a car accident. However, this is sometimes futile for a few reasons:

Difficulty in Collecting Damages: The other driver may not have the personal assets to cover the judgment.
Time-Consuming Process: Lawsuits can be lengthy and costly.
Potential for Limited Recovery: Even if you win the lawsuit, the amount you can recover may be limited by the driver’s financial resources.

That’s why you should work with a personal injury attorney who can investigate the financial situation of the person who caused your crash. They may have financial resources that you can get to obtain the compensation you deserve after a wreck.

Call Kemmy Law Firm for Help Recovering the Money You Need

If you were involved in a wreck with someone who was not insured or did not have enough insurance to cover all of your damages, you should immediately contact a personal injury lawyer with Kemmy Law Office. With over 50 years of combined legal experience and millions recovered, we know how to pursue fair compensation for everything that you endured.

With offices in San Antonio, Midland-Odessa, and Hobbs, NM, we will listen to your story and give you a realistic assessment. Call (830) 264-6297 today. There’s no risk in calling because we offer free initial consults, and are only paid when you recover compensation.

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