Dallas Uninsured Motorist Lawyer | Hit by Uninsured Driver

If you were hit by an uninsured driver in Dallas, you can still recover compensation for your injuries through your own insurance policy’s uninsured motorist coverage. This coverage protects you when the at-fault driver has no insurance or when you’re the victim of a hit-and-run. Most Texas drivers don’t realize they have this protection until they need it.

Getting paid after an uninsured motorist accident is more complicated than a typical claim. You’re now dealing with your own insurance company, and they’ll look for every reason to pay you less than you deserve. The adjusters know the system, and they’re counting on you not knowing your rights.

At Varghese Summersett, our Dallas personal injury lawyers have recovered substantial settlements for clients injured by uninsured drivers. We know how insurance companies operate in these claims, and we fight to make sure you get every dollar you’re owed.

What Is Uninsured Motorist Coverage in Texas?

Under Texas Insurance Code § 1952.101, every auto insurance policy sold in Texas must include uninsured motorist coverage unless you specifically reject it in writing. This coverage pays for your damages when you’re injured by a driver who has no insurance.

The coverage typically includes two parts. Uninsured motorist bodily injury (UMBI) covers your medical bills, lost wages, pain and suffering, and other injury-related losses. Uninsured motorist property damage (UMPD) covers damage to your vehicle and other property.

Most drivers accept this coverage when they buy their policy. If you’re not sure whether you have it, check your declarations page or call your agent. The limits usually match your liability coverage, so if you carry 50/100 liability, you likely have 50/100 in uninsured motorist protection.

When You Need an Uninsured Motorist Claim

You file an uninsured motorist claim when the driver who caused your accident has no insurance. This happens more often than people think. According to the Insurance Research Council, roughly one in eight Texas drivers operates without insurance despite it being required by law.

You also use this coverage after a hit-and-run. If the driver who hit you fled the scene and you can’t identify them, your uninsured motorist coverage treats it as if the driver had no insurance. The same applies if someone hits your parked car and drives away.

In some cases, the at-fault driver might have insurance, but their policy limits are too low to cover your damages. That’s when underinsured motorist coverage kicks in. It’s a separate but related coverage that pays the difference between what the other driver’s insurance pays and what you actually need.

How Uninsured Motorist Claims Work

The process starts when you notify your insurance company that you’ve been in an accident with an uninsured driver. Most policies require you to report the accident within a reasonable time, usually a few days. Missing this deadline can give the insurance company grounds to deny your claim.

Your insurer will assign an adjuster to investigate. They’ll ask for a recorded statement, review the police report, examine your medical records, and assess the damage to your vehicle. This is where the claim can go sideways. Your own insurance company becomes your adversary, and their goal is to minimize what they pay.

Under Texas law, your insurance company must handle your claim in good faith. That means they can’t unreasonably delay payment, deny valid claims without proper investigation, or refuse to settle when liability and damages are clear. When insurers violate these duties, they can be held liable for bad faith.

If you and your insurance company can’t agree on a fair settlement, the claim may go to arbitration or litigation. Many policies include arbitration clauses that require disputes to be resolved outside of court. Other times, you have the right to file a lawsuit against your own insurer for breach of contract or bad faith.

Compensation Available in Uninsured Motorist Claims

Your uninsured motorist coverage can pay for the same types of damages you’d recover from the at-fault driver if they had insurance. Medical expenses are covered, including emergency room visits, surgery, physical therapy, prescription medications, and any future medical care related to your injuries.

Lost wages count as well. If your injuries caused you to miss work, you’re entitled to compensation for that lost income. If your injuries will affect your ability to earn money in the future, you can recover for diminished earning capacity.

Pain and suffering damages compensate you for the physical pain and emotional distress caused by your injuries. These are often the largest part of your claim, but they’re also the most disputed. Insurance companies try to minimize these damages by arguing your injuries weren’t that severe or that you recovered quickly.

Property damage is usually straightforward. Your insurer pays to repair or replace your vehicle up to its actual cash value. If your car is totaled, you receive what it was worth immediately before the accident.

The total amount you can recover is limited by your policy limits. If you have $100,000 in uninsured motorist coverage and your damages exceed that amount, you can only collect up to your policy limit unless you have additional coverage or another source of recovery.

Why Insurance Companies Fight Uninsured Motorist Claims

Your insurance company is a business. Every dollar they pay you is a dollar out of their profits. When you file an uninsured motorist claim, they can’t pass the cost to another insurer, so they have every incentive to pay as little as possible.

One common tactic is disputing fault. Even though another driver hit you, your insurer might argue you were partly to blame. Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. If you’re found more than 50 percent at fault, you recover nothing. If you’re 30 percent at fault, your recovery is reduced by 30 percent.

Insurance companies also minimize the severity of your injuries. They’ll review your medical records, looking for pre-existing conditions, gaps in treatment, or any suggestion that you’re exaggerating your pain. They send you to their own doctors, who often downplay your injuries and rush you back to work.

Delay is another weapon. The longer your claim drags on, the more desperate you become. Medical bills pile up, collectors start calling, and you need money now. That’s when insurers make lowball offers, betting you’ll take less just to end the process.

What Makes Uninsured Motorist Cases Harder

Fighting your own insurance company creates complications you don’t face when pursuing the other driver’s insurer. You have a contractual relationship with your insurer, which means they know your policy inside and out. They know every exclusion, every limitation, and every technicality they can use against you.

Many policies require arbitration for uninsured motorist disputes. This means you can’t go straight to court. Instead, you and your insurer each pick an arbitrator, and those two arbitrators pick a third. The panel hears your case and makes a decision. Arbitration can be faster than court, but it also limits your options for appeal.

Another challenge is proving your damages. When you sue another driver, a jury hears your case and decides what you deserve. In arbitration or negotiations with your own insurer, you’re often dealing with people who are skeptical by training. They’ve seen thousands of claims, and they assume everyone exaggerates.

Common Defenses Insurance Companies Use

Insurance companies raise predictable defenses in uninsured motorist claims. One is a late notice. If you didn’t report the accident quickly enough, they argue you violated the policy’s terms, and they don’t have to pay. What counts as “quick enough” often becomes a fight.

They also question whether the other driver was really uninsured. If there’s any possibility the at-fault driver had coverage, your insurer will demand proof they didn’t. This can be tricky in hit-and-run cases where you never identified the driver.

Policy exclusions come up frequently. Your insurer might argue the accident happened while you were using your car for business purposes, which isn’t covered under a personal auto policy. Or they claim you were driving without permission, or that you failed to cooperate with their investigation.

Pre-existing injuries are another favorite. If you had back pain before the accident, they’ll argue your current back pain is from the old injury, not the crash. They’ll comb through years of medical records looking for anything they can use to reduce their payment.

The Claims Process and What to Expect

After you report the accident, expect a call from an adjuster within a day or two. They’ll want a recorded statement. Be careful here. Anything you say can be used to deny or reduce your claim. If you’re not sure how to answer, tell them you need to speak with an attorney first.

The adjuster will also ask for documentation. Police reports, medical records, wage statements, repair estimates, and photos of the damage are all standard requests. You’re required to cooperate, but you don’t have to hand over everything immediately. You’re allowed time to gather documents and review them before turning them over.

Once the adjuster has what they need, they’ll make an offer. The first offer is almost always too low. They expect you to negotiate. If you accept the first offer without question, you’re likely leaving money on the table.

Negotiations can take weeks or months. Your insurer might request additional medical exams, independent evaluations of your vehicle damage, or depositions from witnesses. Each step is designed to find weaknesses in your claim.

If negotiations fail, you move to arbitration or litigation. This is where having an experienced attorney becomes important. The rules are complex, the deadlines are strict, and a mistake can cost you everything.

How a Lawyer Helps in Uninsured Motorist Claims

A lawyer handles communication with your insurance company. That means no more calls from adjusters trying to get you to say something that hurts your claim. Your lawyer knows what information to provide and what to hold back.

Attorneys also know how to value your claim. Insurance companies count on injured people not knowing what their case is worth. They offer $10,000 when the case is worth $50,000, betting you don’t know the difference. An experienced lawyer calculates the full value of your damages and won’t settle for less.

Your lawyer gathers and presents evidence. Medical records, expert opinions, accident reconstructions, and witness statements all build your case. Insurance companies take claims more seriously when they see a lawyer has done the work to prove every element.

If your case goes to arbitration or trial, having a lawyer is not just helpful but necessary. The process is adversarial, the rules are strict, and you’re up against an insurance company with a team of lawyers. You need someone who knows the system and can fight on your terms.

Let Us Fight for You. If you’ve been injured by an uninsured driver in Dallas, you deserve full compensation for your losses. Varghese Summersett has a track record of holding insurance companies accountable and recovering maximum settlements for our clients. Contact us today.

When to File a Lawsuit Against Your Insurer

Most uninsured motorist claims settle without going to court. But if your insurance company acts in bad faith, refuses to pay a valid claim, or offers an unreasonably low settlement, you may need to file a lawsuit.

Bad faith occurs when an insurer violates its duty to handle your claim fairly. Examples include denying your claim without a reasonable investigation, delaying payment without good cause, or refusing to settle when liability and damages are clear. Texas law allows you to sue for bad faith and recover additional damages beyond your policy limits.

Filing a lawsuit signals you’re serious. Insurance companies know that going to trial is expensive and risky for them. Once they see you’re willing to fight, they often come back with better offers.

Litigation also preserves your rights. Texas has a statute of limitations for insurance claims. If you wait too long, you lose the right to sue. Filing a lawsuit stops the clock and protects your ability to recover.

What to Do After Being Hit by an Uninsured Driver

First, call the police. Even if the other driver says they don’t have insurance, you need an official report. The report documents what happened and creates a record you’ll need for your claim.

Get the other driver’s information. Name, address, license plate number, and driver’s license number are all critical. Even if they claim to have no insurance, collect everything. Sometimes people lie about coverage hoping you won’t pursue a claim.

Take photos of the scene. Damage to both vehicles, skid marks, traffic signs, and any visible injuries should all be photographed. These images become evidence that can’t be disputed later.

Seek medical attention immediately. Some injuries don’t show symptoms right away. A doctor’s evaluation creates a record of your injuries and ties them directly to the accident. Delaying treatment gives the insurance company an excuse to argue you weren’t really hurt.

Notify your insurance company quickly. You have a duty to report the accident promptly. Failing to do so can give your insurer grounds to deny your claim.

Don’t give a recorded statement without legal advice. Your insurer will ask for one, but you’re not required to provide it immediately. Speak with an attorney first to understand what questions they’re likely to ask and how to protect your rights.

Understanding Your Insurance Policy

Most people don’t read their insurance policy until they need it. By then, it’s too late to add coverage or negotiate better terms. Understanding what you have before an accident happens gives you leverage.

Your declarations page lists your coverage limits. Look for uninsured motorist bodily injury and uninsured motorist property damage. These are usually listed as “UM” or “UIM” coverage. The numbers represent the maximum the insurer will pay.

Many policies have a per-person and per-accident limit. For example, 50/100 coverage means $50,000 per person and $100,000 per accident. If multiple people are injured in one crash, the total recovery can’t exceed $100,000, and no single person can recover more than $50,000.

Some policies include a deductible for uninsured motorist property damage. You pay that amount out of pocket before the insurance kicks in. Other policies waive the deductible if the at-fault driver is identified and confirmed to be uninsured.

Comparative Negligence and Your Claim

Even if the other driver was uninsured and at fault, your insurance company might argue you share some blame. Texas uses a modified comparative negligence system, which reduces your recovery by your percentage of fault.

If you were texting at the time of the accident, running late and speeding, or distracted in any way, the insurer will use that against you. They’ll claim you could have avoided the accident if you’d been more careful, and therefore, you’re partially responsible.

The key threshold is 51 percent. If you’re found to be 51 percent or more at fault, you recover nothing. If you’re 49 percent at fault, you recover 51 percent of your damages. Every percentage point matters.

Fighting comparative negligence claims requires evidence. Witness statements, accident reconstruction, and traffic camera footage can all prove the other driver was entirely at fault. Without this evidence, the insurance company’s version of events might stand.

What to Expect From Varghese Summersett

We handle your uninsured motorist claim from start to finish. That means dealing with your insurance company, gathering evidence, negotiating a settlement, and taking your case to arbitration or court if necessary.

Our team includes attorneys with decades of experience in personal injury law. We’ve recovered millions for clients injured by uninsured drivers, and we know the tactics insurance companies use to avoid paying fair claims.

You pay nothing unless we win. We work on a contingency fee basis, which means our fee comes out of your settlement or verdict. If we don’t recover money for you, you owe us nothing.

We’re based in Dallas with offices in Fort Worth, Houston, and Southlake. Our lawyers are available to meet with you at your convenience, and we’ll keep you informed every step of the way.

Frequently Asked Questions

Do I have to sue my own insurance company to get paid?

Not always. Most uninsured motorist claims settle through negotiation. But if your insurer refuses to pay a fair amount, filing a lawsuit or demanding arbitration may be necessary. Having a lawyer often speeds up the process and leads to better offers.

How long do I have to file an uninsured motorist claim in Texas?

You typically have two years from the date of the accident to file a lawsuit against your insurance company for breach of contract. But you should report the accident to your insurer immediately. Waiting too long can give them grounds to deny your claim.

What if I don’t have uninsured motorist coverage?

If you don’t have this coverage, your options are limited. You can try to sue the at-fault driver personally, but if they have no insurance, they likely have no assets to pay a judgment. In some cases, you might recover through other insurance policies, such as your health insurance or a family member’s policy.

Can I stack uninsured motorist coverage if I have multiple vehicles?

Texas does not allow stacking of uninsured motorist coverage unless your policy specifically provides for it. Most policies include anti-stacking language that limits your recovery to the coverage on the vehicle you were driving at the time of the accident. Check your policy or ask your agent.

What if the other driver says they have insurance but they really don’t?

If the other driver gives you false insurance information, you can still file an uninsured motorist claim once you discover the truth. Make sure to document everything, including the false information they provided. This can also support a fraud claim against that driver.

Get Help With Your Uninsured Motorist Claim

Being hit by an uninsured driver shouldn’t leave you paying for someone else’s mistake. Your uninsured motorist coverage exists to protect you, but getting your insurance company to pay what you deserve takes experience and persistence.

Varghese Summersett has helped hundreds of Dallas residents recover compensation after accidents. We know how to negotiate with insurance companies, and we’re prepared to take your case to arbitration or court if that’s what it takes.

Don’t let your insurance company shortchange you. Call (214) 903-4000 today to schedule a free consultation with a Dallas uninsured motorist lawyer. We’ll review your case, explain your options, and fight to get you every dollar you’re owed. Past results do not guarantee future outcomes, but we’ll bring the same dedication and skill to your case that has helped our clients recover millions.