I Thought I had Full Coverage? Why You Made Need an Insurance Claims Lawyer

Don was in a serious car accident. He missed work and family events. His health insurance was picking up the medical bills but the co-pays were beginning to mount up and he missed wages from being off the job for so long. The other driver was clearly at fault but that driver carried no insurance and had no ability to compensate Don for his losses. Don called his own auto insurance carrier to compensate him for his lost wages and other costs not paid for by health insurance, but was told his auto insurance policy did not include uninsured motorist or underinsured motorist coverage, commonly referred to as UM/UIM. Don had been told when he bought the policy that he had “full coverage.”

Unfortunately, it is all too common in Texas that people are hit by uninsured or underinsured motorists. The State of Texas estimates that 1 in 5 drivers do not carry insurance. Worse, in June of last year, 5,000 drivers stopped by the Texas DPS just in the Austin Metropolitan area found that 25.5% of these drivers were uninsured. (July 28, 2008 Associated Press “Sizable Number of Texas Drivers Without Insurance.”) This means that if you get in an accident in Austin, you have 1 in 4 chance that person won’t be insured.

In Texas, drivers are currently required by law to carry minimum liability coverage of $25,000 per injured person, with a maximum of $50,000 for everyone injured in an accident, and $25,000 for property damaged in the accident. It may be listed on your declarations page as 25/50/25. However, UM/UIM coverage is not required by law. In many cases, like Don’s, policies sold by insurance agents without UM/UIM are commonly called “full coverage” by the insurance agents. Obviously this is far from the truth and can lull you into a false sense of protection from events often beyond your control. Getting the minimum required by law, perhaps for economic reasons, also means that you don’t get UM/UIM coverage.

When a person purchases auto insurance, the insurance agent is required by law to include UM/UIM coverage. Many people are not aware of the reason they may want UM/UIM coverage, think it will increase the cost of insurance dramatically, or feel they won’t need it and don’t want the expense.

Before making that choice you should consider that it is protection not only from those who do not follow the law, but also from those who have only the minimum insurance when the costs of the accident exceed the at fault driver’s policy. It can also cover you if you are a passenger in a person’s car where that driver does not have any or enough insurance if the whether the driver of the car you are in or the other driver is at fault.

If a person buying car insurance in Texas decides they don’t want to purchase UM/UIM insurance, the agent MUST get that decision in writing. If they fail to get you to reject the coverage in writing the insurance company must provide UM coverage, even if it they have not charged you premiums or it is not listed on your insurance declarations page. Often the help of an insurance claims lawyer may be needed to force the insurance company to cover you in such a situation.

UM/UIM insurance is an important part of the protection you may need in the event of an accident. In the current economic crisis, health benefits cannot be assured, and there may be gaps where health insurance is missing from you and your family’s benefits. If you aren’t sure if you carry it, look on your declarations page of your policy. If you don’t find it listed, call your insurance company. We recommend adding it if you don’t currently have it.

Even when you have UM/UIM coverage and are in an accident where it will be needed to compensate you, it is important to remember you are dealing with an insurance company adjuster whose job it is to question your version of an accident and the expense you think they should cover you for. Just because you’re their customer doesn’t mean they won’t question your doctors’ care and recommendations or your out-of-pocket expenses, wages or other damages you are legally entitled to obtain compensation for from your own company.

Keep good records of your conversations with the adjuster, receipts, expenses and make sure you can back-up your lost wages with documentation. There are a number of out-of-pocket expenses you may be entitled to, won’t know to ask for and won’t be offered by your insurance company such as reimbursement of travel expenses and parking for doctor appointments.  You also need to be aware that there are time limits to complain to the court if you run into problems with your insurance company, so consider contacting an Austin attorney early after any accident involving an uninsured or underinsured driver where they were at fault.

Lance Sharp, Austin attorney, practices in the area of personal injury and civil litigation. He is an AV rated attorney (Martidale-Hubbell Peer Review Ratings) and board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. As an Austin personal injury lawyer, Mr. Sharp handles all forms of litigation.

Related Websites

Archived under Credit insurance Comments

Some views regarding the uninsured or underinsured motorist coverage of Austin auto insurance

All person who have Austin auto insurance should include the liability coverage for it will protect you from spending your own money in paying for the medical bills and car repair when something went wrong in the future. This is the most expensive in your car insurance because you have to spend $25,000 for the injury of every person involved in the accident which has a sum of $50, 000 in every accident and $25, 000 for the cost of the damaged property including car repair. You might be paying more for this coverage but this will help you a lot to avoid having further problems in the future.

In Austin Texas, people who are driving their car are obliged to have the minimum requirement in their policy but sad to say not all are concern and they do not even care if they do not have enough auto insurance while they are driving their car. This is the time when you need the uninsured/underinsured coverage in your policy.

Uninsured driver still drives his car even if his car is not insured and so the tendency is to do hit and run and on the other hand underinsured driver does not have adequate Austin auto insurance that will pay for the hospitalization and the car repair of the other driver. Thus, if you have been involved in an accident where uninsured or underinsured driver is at fault, you have no choice but to spend on your own regarding your hospital bills as well as your car repair.

You will not have problems in these cases if you have uninsured/underinsured motorist coverage in your policy which is only optional but still being offered by your choice insurance company. If you do not want to add your existing coverage then it will be recognized in a form of writing. Buying this coverage is not just a waste of money because it will serve as your protection for your family if ever you have been involved in an accident. If you are not so sure about buying the said coverage, you may talk to your agent for some clarification.

You should get the point that your Austin auto insurance will only pay for the damages you might cause to the other people but not on your own injuries and damages if the driver that hit your car is uninsured or underinsured. The personal assets of the uninsured driver who is liable on the accident is not that precious to cover your expenses and so you have to make use of your own money.

Therefore, if you want to avoid having problems regarding money in such incidents, you should include uninsured/underinsured motorist coverage on your Austin auto insurance. This way, you will not have to worry about your own expenses when worst thing happens.

Sean Park is living in Austin City, TX. Experienced auto insurance writer for many years. For more readings please visit : http://www.austinautoinsurance911.com

Related Websites

Archived under Credit insurance Comments

« Previous entriesNext Page »Next Page »

Get Adobe Flash playerPlugin by wpburn.com wordpress themes