After a collision in McKinney, discovering that the at-fault driver lacks adequate insurance coverage transforms what should be a straightforward claim into a financial nightmare. You face mounting medical bills and repair costs while the responsible party’s insurance falls short of covering your damages. Texas roads are filled with drivers who carry minimal or no insurance, leaving accident victims to shoulder burdens they never caused.
Dale R. Rose, PLLC has recovered over $18 million for clients in Texas since 2010. We handle uninsured and underinsured motorist claims in McKinney with 37 years of experience and over 165 first-chair jury trials. When insurance gaps threaten your recovery, we work to maximize compensation through your own policy’s UM/UIM coverage.
What Is Uninsured and Underinsured Motorist Coverage?
Uninsured motorist coverage protects you when a driver without insurance causes an accident. This coverage steps in to pay for your medical expenses, lost wages, and vehicle damage when the at-fault driver has no policy to tap into for compensation.
Underinsured motorist coverage activates when the responsible driver carries insurance, but their policy limits fall short of your total damages. For example, if you sustain $75,000 in injuries but the at-fault driver only carries Texas’s minimum $30,000 bodily injury coverage, your underinsured motorist coverage may bridge the $45,000 gap. Both coverages exist within your own auto insurance policy and function only after exhausting the at-fault driver’s available coverage.
How Do Uninsured Motorist Claims Differ in Texas?
Texas law does not mandate uninsured or underinsured motorist coverage on auto policies. Insurance companies must offer this protection, but drivers may decline it in writing. This optional nature means many McKinney residents drive without the safety net they need after collisions with inadequately insured motorists.
Your UM/UIM claim involves your own insurance company rather than the at-fault driver’s insurer. That creates a unique dynamic where your provider may dispute the claim value to minimize their payout. Under Texas law, you retain the right to recover compensation for medical treatment, lost income, property damage, and pain and suffering through your UM/UIM coverage. The statute of limitations for filing a personal injury claim in Texas is two years from the accident date, though your policy may impose shorter reporting deadlines.
Why Do Uninsured Motorist Claims Get Denied?
Carriers may reject claims when policyholders fail to report accidents within policy-specified timeframes. Many policies require notification within days of the collision, and late reporting gives insurers grounds to deny coverage. Companies also deny claims when they dispute whether the other driver truly qualifies as uninsured or underinsured under policy definitions.
Documentation gaps create another common denial reason. Insurers demand proof of the other driver’s insurance status, typically requiring police reports and insurance verification forms. Without this paperwork, carriers may refuse to process your claim. Some companies also deny claims by arguing you share fault for the accident, which reduces or eliminates recovery under Texas’s proportionate responsibility rules.
What Evidence Strengthens Your Claim?
Building a strong uninsured motorist claim requires thorough documentation from the accident scene forward:
- Police reports identifying the at-fault driver and their insurance status
- Photos of vehicle damage, accident scene conditions, and visible injuries
- Medical records linking your injuries directly to the collision
- Witness statements corroborating your account of the accident
- Insurance verification showing the other driver’s policy limits
- Lost wage documentation from your employer
- Repair estimates or invoices for vehicle damage
This evidence counters insurance companies’ attempts to minimize your damages or deny your claim entirely.
How Does the Claims Process Work?
Filing an uninsured motorist claim begins with notifying your insurance company about the accident and the other driver’s inadequate coverage. Your carrier assigns an adjuster to investigate the claim, which includes reviewing the accident circumstances, your injuries, and your policy’s UM/UIM limits.
The insurance company may dispute your claim’s value by questioning injury severity, treatment necessity, or accident causation. They may offer a settlement far below your actual damages, hoping you’ll accept quick payment rather than fight for fair compensation. If negotiations fail to produce adequate settlement offers, you may file a lawsuit against your own insurance company to recover the full policy limits.
What Compensation May You Recover After an Accident?
Uninsured and underinsured motorist coverage may compensate you for multiple categories of damages stemming from your accident. Medical expenses form the foundation of most claims, including:
- Emergency room treatment
- Hospital stays
- Surgeries
- Physical therapy
- Prescription medications
- Future medical care related to your injuries
Lost wages compensate you for income you couldn’t earn while recovering from injuries. Property damage coverage reimburses repair or replacement costs for your damaged vehicle and personal property inside it during the collision.
Pain and suffering damages address the physical discomfort and emotional distress your injuries caused. Texas law permits recovery for reduced quality of life, permanent scarring or disfigurement, and loss of enjoyment of activities you previously valued. Your policy limits the maximum amount you may recover, regardless of your actual damages.
Schedule a Free Consultation at Dale R. Rose, PLLC
Uninsured and underinsured motorist claims in McKinney demand strategic handling to secure full policy benefits. These cases involve intricate policy interpretations, damage calculations, and negotiations with carriers motivated to pay as little as possible. Without proper legal guidance, you risk accepting settlements that fail to cover your ongoing medical needs and financial losses.
Dale R. Rose, PLLC brings 27 years of trial experience to uninsured motorist claims in McKinney and throughout North Texas. We have secured over $18 million for clients since 2010 by holding insurance companies accountable when their policyholders need coverage most. Our firm handles every aspect of your claim, from initial filing through settlement negotiations or trial if necessary. Complete our contact form to discuss your uninsured or underinsured motorist claim.
