Getting struck by a driver whose insurance falls short of covering your damages creates a financial crisis on top of physical injuries. Many Texas drivers carry only minimum liability coverage, leaving collision victims to face mounting medical bills, lost wages, and property damage with insufficient compensation available from the at-fault party. Understanding your options when the responsible driver’s policy limits cannot cover your losses becomes essential to protecting your financial recovery.
Dale R. Rose, PLLC, helps McKinney residents navigate underinsured motorist claims with 37 years of combined experience handling complex insurance disputes. Our firm understands the frustration of dealing with inadequate coverage and works to maximize compensation through all available insurance policies, including your own underinsured motorist coverage.
Understanding Underinsured Motorist Coverage in Texas
Underinsured motorist coverage protects you when another driver causes a collision but lacks sufficient insurance to cover your damages. This differs from uninsured motorist coverage, which applies when the at-fault driver has no insurance at all.
Texas law requires insurance companies to offer underinsured motorist coverage when you purchase auto insurance. You may decline this protection, but doing so requires a written rejection. This coverage operates as a safety net, filling the gap between the at-fault driver’s policy limits and your actual damages.
For example, if another driver causes a collision resulting in $100,000 in medical bills and lost wages, but their liability coverage maxes out at $30,000, your underinsured motorist coverage may pay the remaining $70,000. The exact amount depends on your policy limits and how Texas law applies to your specific situation.
When to Use Your Underinsured Motorist Coverage
Determining whether to pursue an underinsured motorist claim requires careful evaluation of all damages and available insurance coverage. You should consider this option when the at-fault driver’s liability limits cannot cover your total losses.
Common situations triggering underinsured claims include car accidents causing serious injuries requiring extensive medical treatment, truck accidents resulting in permanent disabilities, and collisions creating long-term care needs or lost earning capacity. The gap between minimum liability coverage and actual damages often becomes substantial in cases involving traumatic brain injuries, spinal cord damage, or multiple surgeries.
Texas follows modified comparative negligence rules, meaning you may recover damages even if partially at fault, as long as your responsibility does not exceed 50 percent. Insurance companies may attempt to inflate your percentage of fault to reduce their payout obligations. Our firm challenges these tactics through thorough investigation and strategic advocacy.
The Claims Process for Underinsured Motorist Cases
Filing an underinsured motorist claim involves distinct steps from pursuing the initial liability claim against the at-fault driver. You must first exhaust the at-fault driver’s liability coverage before accessing your underinsured motorist benefits.
The process typically begins with:
- Documenting all damages: Collect medical records, bills, employment documentation, and evidence of other losses
- Filing the liability claim: Pursue maximum compensation from the at-fault driver’s insurance company
- Notifying your insurer: Inform your insurance company of the potential underinsured claim before settling with the at-fault party
- Providing proof of insufficiency: Demonstrate that the at-fault driver’s policy limits cannot cover your damages
- Negotiating with your carrier: Work through the underinsured claim process with your own insurance company
Many collision victims discover that their own insurance company becomes adversarial during underinsured claims. The insurer may dispute injury severity, question treatment necessity, or argue about damage valuations. Having legal representation levels the playing field during these negotiations.
Challenges in Underinsured Motorist Claims
Underinsured claims present unique complications beyond standard liability disputes. Your insurance company holds dual roles as both your coverage provider and a business seeking to minimize payouts. This creates tension that many policyholders do not anticipate.
Insurance adjusters may employ various tactics to reduce underinsured claims. They might argue your injuries stem from pre-existing conditions, suggest treatments were excessive, or claim economic losses are inflated. Some insurers delay processing claims, hoping financial pressure will force lower settlements.
Texas law imposes time limits on filing lawsuits for underinsured claims, typically two years from the collision date. However, policy provisions may require earlier notification of potential claims. Missing these deadlines may bar recovery regardless of how legitimate your damages appear.
How Dale R. Rose, PLLC, Maximizes Your Recovery
Our firm brings extensive trial experience to underinsured motorist disputes, having secured over $18 million in compensation for injury victims since 2010. We understand how insurance companies evaluate claims and know which arguments prove most effective in negotiations and litigation.
We begin by thoroughly documenting all damages, working with medical providers to establish the full extent of injuries and necessary future treatment. Our team gathers employment records, consults economic specialists for lost wage calculations, and compiles evidence of how the collision has affected your quality of life. This comprehensive approach builds strong cases resistant to insurer challenges.
Dale R. Rose brings nearly three decades of civil trial experience to every case, including representing insurance companies earlier in his career. This unique perspective provides insight into defense strategies and evaluation methods. With over 165 first-chair jury trials completed, we demonstrate readiness to take cases to court when fair settlements prove elusive.
Unlike larger firms, where associates handle most work, you communicate directly with our attorneys throughout your case. We keep you informed of developments, explain options clearly, and involve you in key decisions affecting your claim. This personalized attention ensures your concerns receive appropriate weight while we pursue maximum compensation.
Get Help with Your Underinsured Motorist Claim
Underinsured motorist claims demand prompt attention to protect your rights and maximize available compensation. Delays in notifying your insurance company or missing critical deadlines may jeopardize your recovery. Our firm offers free consultations to evaluate your situation and explain your legal options.
From our McKinney office, we serve clients throughout Collin County and North Texas who face inadequate insurance coverage after serious collisions. Our commitment to personalized representation and proven trial skills helps injury victims secure fair compensation when initial policy limits fall short. If you are struggling with an underinsured driver situation, contact us today to discuss how we can help you pursue the full compensation you deserve.
