Austin Uninsured/Underinsured Motorist Lawyer

Skilled Uninsured/Underinsured Motorist Attorney in Austin, TX

Austin is one of the busiest metropolitan areas of Texas, and car accidents happen every day for various reasons. Whether your recent accident happened on a highway like I-35 or on a busy downtown corridor like Congress Avenue, the at-fault driver’s auto insurance is meant to be your primary means of recovery. An Austin uninsured/underinsured motorist lawyer will be a valuable asset if the driver who caused your accident does not have required coverage.

Representing Victims of Uninsured/Underinsured Motorist Accidents in Austin, TX

The Stewart Law Firm has a record spanning more than 23 years, during which our team has helped thousands of clients secure millions in compensation. We have successfully represented many car accident victims in Austin, including those who were injured by uninsured and underinsured drivers. Navigating these cases can be challenging, and you have a better chance of reaching positive results with an experienced attorney representing you.

According to the Insurance Information Institute, as of 2023, about 14% of drivers nationwide were uninsured. When a vehicle accident happens in Texas, and the at-fault driver does not have insurance, the injured victim must either rely on their own uninsured motorist coverage or file a personal injury claim directly against the at-fault driver. Your attorney can help you determine your most viable legal options if you find yourself in this difficult situation.

Understanding Texas’ Auto Insurance Laws

Texas law requires every driver in the state to have an auto insurance policy that includes:

• Bodily injury liability coverage of at least $30,000 per person and at least $60,000 per accident involving multiple victims.
• Property damage liability coverage of at least $25,000. This can cover the other driver’s vehicle repair costs after an accident.

Additionally, insurance companies selling policies in Texas are required by state law to offer uninsured/underinsured motorist coverage, and most drivers add this coverage to their policies. The policyholder must decline this coverage option in writing if they do not want it and wish to avoid a higher premium, but it is generally wise to have this coverage option to have better legal options after an accident caused by an uninsured driver.

Every driver shopping for auto insurance in Texas typically has several options for customizing their policy. Collision coverage can pay for your own vehicle repairs or vehicle replacement if you are found liable for an accident, and you can also pay for towing and labor coverage, which can be useful if you need help with a tow or flat tire.

If you are hurt in an accident caused by an uninsured driver, you can file a claim against your own insurance policy if you have purchased uninsured motorist coverage. This coverage functions at the same limits as the liability coverage you have purchased, but do not assume that filing your claim will be easy. You may quickly see that the insurance company you have paid for your policy is now fighting your claim, hoping to settle for as little as possible.

Dealing With Insurance Companies After an Uninsured Motorist Accident

Whether the at-fault driver did not have enough coverage to fully compensate you after your accident or they did not have insurance at all, filing a claim against your own policy’s uninsured/underinsured motorist coverage will be easier with an attorney’s help.

Most insurance company representatives are trained to use claimants’ own words against them at any opportunity, hoping to justify devaluing or denying their claim. It’s a good idea to hire an uninsured/underinsured motorist lawyer before this happens with your claim. When an insurance company sees that you have legal representation, they are more likely to handle the claim appropriately and deliver a reasonable settlement offer in good faith.

If the at-fault driver has some insurance, but not enough to fully compensate you, then you may need to start your recovery by filing a claim against their policy, securing as much compensation as possible, and then pursuing additional compensation for your damages through an underinsured motorist claim with your own insurance carrier. Successfully obtaining a settlement will require firmly establishing liability for the accident and proving your total damages.

CALL (512) 326-3200 TO SCHEDULE YOUR CONSULTATION

Proving Liability in an Uninsured Motorist Case

In Texas, all vehicle accidents involving two or more parties are resolved on a fault basis. This means that whoever caused the accident is responsible for the resulting damages. Before you can claim any compensation for your damages, you must identify who caused the accident and prove how they caused it.

A few of the most commonly cited causes of vehicle accidents in the Austin area include speeding, distracted driving, and other driver negligence. Accidents can also result from illegal misconduct like drinking and driving. Your Austin uninsured/underinsured motorist lawyer can gather evidence to prove how the defendant caused your accident, and they can also resolve any liability disputes that might arise in your case.

Texas upholds a modified comparative fault rule or proportionate responsibility rule, under which a plaintiff may still recover partial compensation for their damages if they are found partially at fault for causing them. However, the plaintiff must be found less than 50% at fault; otherwise, they are barred from recovery. If you share fault for your accident, you can still claim compensation through available insurance, but you face a diminished recovery.

What to Do About Catastrophic Injuries

While your own uninsured/underinsured motorist coverage can be invaluable if you are hurt in an accident caused by an uninsured or underinsured driver, some accidents result in life-changing catastrophic injuries that available insurance cannot fully compensate. For example, about 38.3% of all spinal cord injuries diagnosed in the US result from vehicle accidents, and these injuries have a high chance of causing permanent paralysis.

Spinal cord injuries, traumatic brain injuries, internal organ damage, and injuries that result in the loss of bodily function are just a few examples of catastrophic injuries that an uninsured or underinsured motorist can cause in an accident. If they do not have insurance, they may have minimal assets, so it may not be worth filing a personal injury claim against them.

Your attorney can determine the full scope of damages you are eligible to claim and the optimal way to claim them. In a catastrophic injury case, the injured victim has the right to pursue compensation for the economic and non-economic damages the defendant caused. Your Austin uninsured/underinsured motorist attorney can help you calculate claimable damages including: 

• Medical bills. You have the right to claim full repayment of any and all medical expenses you face after the accident. This can include the cost of future medical care if your accident resulted in any injuries that require ongoing treatment. This is especially likely when you have suffered a catastrophic and permanently disabling injury that may require constant in-home medical care and supervision.
• Lost wages. The victim of a catastrophic injury may be left unable to work in the future, or they may not be able to return to their previous job and will only be able to handle lower-paying work. If so, they have the right to claim compensation for their lost income and their lost earning capacity from the defendant who caused their accident.
• Property damage. Insurance may cover some or all of your vehicle repair or replacement costs, and you can also seek compensation for any personal belongings that were lost in the accident. However, any property damage not covered by insurance may be claimed as economic damages in your personal injury case.
• Pain and suffering. Catastrophic injuries are physically and psychologically life-changing in several ways. Texas’ personal injury laws allow an injured plaintiff to claim financial compensation for the physical pain, emotional suffering, and psychological trauma they have endured because of the defendant’s negligence or misconduct. Your attorney can determine a reasonable amount for your catastrophic injury.

When an at-fault driver has caused an accident through some type of egregious negligence or illegal misconduct, such as reckless driving or driving under the influence, they may only face civil liability for the damages they caused, but may also be forced to pay punitive damages, and they are likely to be criminally charged for these actions. Your attorney can explain how any such variables could influence the outcome of your civil claim for damages.

Ultimately, if the at-fault driver does not have the assets necessary to fully compensate you for this level of injury, then your own insurance may be your only option for recovering compensation. Insurance companies fight injury claims however they can, so it’s important that you have an experienced lawyer on your side whom you can trust to pursue a reasonable settlement offer.

If the at-fault driver did not have insurance but does have the assets to pay for your losses, then filing a personal injury case directly against them offers you the greatest chance of securing appropriate compensation. Most personal injury cases filed in Texas are resolved privately through settlement negotiations, but some cases must be resolved through litigation. You need a trial attorney you can trust on your side if your case calls for this.

CALL OUR FIRM AT (512) 326-3200 TODAY.

How Your Austin Uninsured/Underinsured Motorist Lawyer Can Help

The aftermath of any accident in Austin can be confusing and traumatic, and the first steps you take can significantly affect the outcome of the recovery efforts you pursue. Whether you need to rely solely on your own insurance policy for compensation or you have grounds to file a personal injury case against the at-fault driver, it’s vital to start building your case as soon as possible.

After you receive medical treatment for your injuries, you should reach out to an Austin uninsured/underinsured motorist attorney at your first opportunity. They can obtain and preserve the evidence you need to firmly establish fault for the accident, and then they can determine the most efficient path for you to recover your losses.

You may be able to claim some compensation from an underinsured driver before filing another claim with your own insurance carrier to seek further compensation for the remainder of your losses. You may also only be able to file a claim with your own carrier if the at-fault driver does not have insurance at all. If you have grounds to file a personal injury case against the at-fault driver and they have assets that can pay for your damages, you need an attorney to help with this as well.

The Stewart Law Firm develops a client-focused legal strategy in every case we accept. We will carefully review the details of how your accident happened, help you prove liability, and then review available insurance options so you can recover compensation as swiftly as possible. You can trust our team to negotiate with insurance companies on your behalf, verifying that they process your claims in good faith and offer reasonable settlements.

If you have been catastrophically injured and are able to pursue a personal injury claim against the uninsured driver, rest assured that our team can represent you through all stages of settlement negotiations as well as any litigation necessary for resolving your case. Our goal in every case we accept is to help our client secure as much compensation as state law allows for their damages.

CALL (512) 326-3200 TO SCHEDULE YOUR CONSULTATION

Hire an Uninsured/Underinsured Motorist Accident Lawyer in Austin Today

It costs you nothing upfront to hire The Stewart Law Firm, PLLC, to represent you in any vehicle accident case. We take personal injury claims on a contingency fee basis, meaning if there is no recovery, you pay no fee. We only get paid when you do, and our firm has earned a strong reputation as a leading choice for personal injury counsel in Austin and the surrounding communities of Texas.

It also costs you nothing to speak with our team about your case. If you or a family member has been injured in an accident caused by an uninsured driver, you can meet with our team in a free, no-obligation consultation to learn more about your legal options and how we can help with your recovery. Contact us today to schedule your free consultation with an Austin uninsured/underinsured motorist lawyer. We look forward to handling your case.

CALL (512) 326-3200 TO SCHEDULE YOUR CONSULTATION