How Uninsured/ Underinsured Motorist Claims Work

Our Houston car accident lawyers can help you with your uninsured / under insured motorist claim.

Uninsured and under insured motorist coverage insurance is an optional form of insurance coverage that many people purchase. In fact, many car insurance providers will include it as part of a default package.

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The idea behind this type of insurance coverage is that in the event your vehicle is struck by a driver that does not have any car insurance coverage, or does not have enough car insurance coverage to cover the full extent of you property damage or injuries, you will be able to file a claim against your own insurance company under the uninsured/ under insured portion of your insurance policy.

This is a fairly common scenario because most motorcycle accident drivers only carry the minimum insurance coverage that is required by law. It is very easy for the total of your property damage and personal injury damages to exceed the value of their policy. In most cases, their insurance company is not required to pay beyond the amount of the coverage that their insured purchased.


Difficulties in Filing an UM Claim

As you are probably aware, the whole idea behind the insurance industry is that they are banking on the fact that they will likely never have to pay out on most policies. Uninsured/ underinsured coverage works the same way only more so. Naturally, you will only receive a payout if you meet certain requirements and so forth.

The biggest hurdle to overcome is that you must completely exhaust the defendant’s insurance policy before any under insured money will be disbursed. If the defendant’s insurance company does not release their policy limits, you may never get be able to take advantage of a UM claim. Thus, it is imperative to have the help of an aggressive car accident injury attorney who can recover the full limits of the defendant’s insurance policy.


Some of Our Most Recent Successful Cases
$100,000.00 Recovery - Third-Party Dram Shop Accident (Broken Leg)
(policy limits) Recovery for pedestrian who suffered a broken leg when he was hit by a drunken driver.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$1,000.00
$41,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client suffered soft-tissue injuries when her car was side-swiped by a dump truck.
Total Recovery:
$41,000.00
Attorney Fees:
$13,666.00
Litigation Expenses:
$50.00
$50,000.00 Recovery - Workplace Accident (Concussion)
Recovery for worker who fell from the back of a pickup truck and suffered a concussion.
Total Recovery:
$50,000.00
Attorney Fees:
$20,000.00
Litigation Expenses:
$348.00
$93,000.00 Recovery - Motorcycle Accident (Soft-Tissue Injuries and Abrasions)
Recovered for victim of motorcycle accident who suffered soft tissue injuries and abrasions.
Total Recovery:
$93,000.00
Attorney Fees:
$31,000.00
Litigation Expenses:
$181.00
$30,000.00 Recovery - Commercial Vehicle Accident (Muscle Aches, Pains & Dizziness)
Recovery for the driver of car that was side-swiped by an 18-wheeler. Plaintiff suffered muscle aches, pains & dizziness.
Total Recovery:
$30,000.00
Attorney Fees:
$10,000.00
Litigation Expenses:
$500.00
$300,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Facial Fractures and Head Trauma)
A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff's employer was a subscriber to Texas Workers' Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.

The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harms way. They maintained that the plaintiff simply walked behind the reversing tractor trailer as it pushed back toward the loading dock.

It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle's proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.
Total Recovery:
$300,000.00
Attorney Fees:
$120,000.00
Litigation Expenses:
$9,807.00
$210,000.00 Recovery - Automobile Accident (Neck Injury Requiring Surgery)
Our client was injured in a motor vehicle accident when an employer driving a company vehicle failed to yield the right of way and collided with the plaintiff's vehicle. The defendant's employer was sued for negligence soon thereafter. The defendants alleged that the company should not be held liable for the actions of the employee.

They claimed that the employee was not in the course and scope of his employment at the time of the accident. Through discovery, our attorneys learned that the defendants had a policy, both written and implied, whereby employees of the company were allowed to drive work vehicles after hours.

Furthermore, our attorneys argued case law that expanded the definition of course and scope which showed that the defendant was indeed "on the clock" when the accident occurred.

As a result, the defendants conceded liability and turned their defenses toward the alleged damages. They claimed that our client had a preexisting condition that was responsible for her current state.

We deposed the emergency room physician who assessed the client and recommended surgery regarding the medical necessity of the surgical procedure and the proximate cause of the plaintiff's condition. He testimony unequivocally defeated these arguments. The case was satisfactorily resolved through litigation.
Total Recovery:
$210,000.00
Attorney Fees:
$70,110.00
Litigation Expenses:
$3,787.00
$200,000.00 Recovery - Automobile Accident (Closed Head Injury)
Recovered for car accident victim who suffered a closed head injury.
Total Recovery:
$200,000.00
Attorney Fees:
$66,666.00
Litigation Expenses:
$1,500.00
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a automobile accident.
Total Recovery:
$25,000.00
Attorney Fees:
$8,250.00
Litigation Expenses:
$100.00
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
Attorney Fees:
$175,000.00
Litigation Expenses:
$1,084.00

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