Underinsured motorist coverage is a huge problem in Texas and across the country. While nearly every state requires by law that drivers carry adequate insurance – the reality is much different. Some studies place the average nationwide number of uninsured drivers at 14% – although some states found that up to thirty percent of their drivers were uninsured (Colorado) while others claim less than 5% are uninsured (Maine). This means that 14 out of 100 drivers on the road is uninsured and the problems this causes are played out regularly in courtrooms around the United States as victims attempt to wrest recompense for damages from a perpetrator who often has little or no assets.
Texas law requires that automobile insurance policies include personal injury protection (PIP) and uninsured motorist protection (UM/UIM) unless you reject this coverage in writing. Also, often as a condition of your automobile loan, your lender may require you to purchase other types of coverage, such as collision or comprehensive coverage, to pay for any damage to your vehicle.
What should you do if you are hit by an uninsured motorist? First, do not wait until the moment of reckoning to have a plan in place for this eventuality. As the previous statistics have shown – any driver has a chance of being hit by an uninsured driver! With this in mind one should understand that no matter how unfair it may seem – you may be liable to pay for your damages out of pocket. One thing is for sure – never let the driver off with the simple plea that they’ll be happy to pay for your expenses over time. CALL THE POLICE and get the accident on record. Also flag a passing motorist to serve as a witness to the accident and./or the subsequent proceedings. If someone is willing to gamble injury and property damage to themselves or others by driving without insurance – they are not likely to be willing to pay out of pocket without legal intervention.
