How Uninsured/underinsured Motorist Coverage Can Protect You When the at-fault Driver Can’t

Car accidents are stressful enough. But learning that the driver who caused your crash has no insurance—or not enough insurance— can feel overwhelming. Many Texans assume this means they’re stuck paying medical bills and lost wages out of pocket.
Fortunately, Texas law provides an important safety net: uninsured and underinsured motorist (UM/UIM) coverage. If it’s included in your policy, it may allow you to recover compensation through your own insurance, even though you were not at fault.

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I. What Is UM/UIM Coverage in Simple Terms?
  • Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance at all.
  • Underinsured Motorist (UIM) coverage applies when the at-fault driver’s insurance exists—but is not enough to cover your damages.
This coverage can pay for:
  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage (in some cases)
Texas law requires insurance companies to offer UM/UIM coverage, and it stays in your policy unless you reject it in writing.
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II. When Can You Use UM/UIM Coverage?


To recover under UM/UIM coverage in Texas, you generally must show:



  • You have UM/UIM coverage in your policy
  • The other driver caused the accident
  • You suffered actual damages
  • The other driver had no insurance—or not enough


In plain language: you must prove the crash wasn’t your fault and that the at-fault driver couldn’t fully pay for the harm they caused.

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III. Why Insurance Companies Make UM/UIM Claims Difficult


Although UM/UIM coverage is part of your policy, insurance companies often treat these claims like lawsuits.


They may:


  • Dispute who caused the accident
  • Downplay your injuries
  • Argue the other driver had “enough” insurance
  • Delay payment pending proof or litigation


Texas courts have repeatedly confirmed that insurers do not have to pay UM/UIM benefits until liability and damages are legally established. This is why these claims often become contested and technical.

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IV. Do You Have to Sue the At-Fault Driver First?


Not always.


In many cases, Texas law allows injured drivers to pursue UM benefits directly against their insurance company, without first obtaining a judgment against the uninsured driver. This can streamline the process—but insurers still require proof of fault and damages.

The process is more complex than a standard claim, and mistakes can reduce or eliminate recovery.

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V. How Much Can You Recover?


UM/UIM recovery is typically limited by:


  • Your policy limits
  • Any amount already recovered from the at-fault driver’s insurer


For underinsured claims, your UM/UIM coverage usually fills the gap between the at-fault driver’s policy and your total damages—up to your policy limits.

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VI. Why Legal Guidance Matters in UM/UIM Claims


UM/UIM claims involve both insurance law and personal injury law. Small errors—such as missing deadlines, failing to preserve evidence, or accepting a low settlement—can permanently reduce your compensation.

An experienced attorney can help:

  • Confirm available UM/UIM coverage
  • Prove liability and damages
  • Push back against unfair denials
  • Maximize recovery under your policy
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VII. Conclusion


Being hit by an uninsured or underinsured driver does not mean you’re out of options.


  • Texas law requires insurers to offer UM/UIM coverage
  • Your own policy may provide critical protection
  • Insurers often dispute these claims
  • Legal strategy can make a major difference


If you were injured by a driver without adequate insurance, our firm can review your policy, explain your rights, and fight for the compensation you deserve.


Contact Wyde & Associates today to protect your claim and your financial recovery.

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