Carabin Shaw is one of the leading personal injury law firms in Texas. They have extensive experience in Personal Injury Claims-Car Accident Cases, focusing on securing maximum compensation for clients that reflects the full extent of their medical bills, property damage, and pain and suffering.
Specialization: Personal injury, car accidents, wrongful death, 18-wheeler accidents.
Why choose them? Carabin Shaw offers a free initial consultation, and its team is known for aggressively fighting for its clients’ rights.
Car Accident Lawyer Austin: How Our Team Handles Uninsured Driver Claims
A car accident lawyer in Austin at Carabin Shaw confronts uninsured driver cases regularly because Texas has one of the highest rates of uninsured motorists in the nation. When the at-fault driver carries no insurance, victims often believe they have no options for recovery. Our car accident lawyer Austin team knows this isn’t true—multiple avenues exist for compensation even when the responsible driver is uninsured. The strategies a car accident lawyer Austin employs in these cases differ significantly from standard insurance claims, requiring knowledge of uninsured motorist coverage, underinsured provisions, and alternative sources of recovery. An experienced car accident lawyer Austin understands that uninsured driver claims demand creative legal approaches and persistent investigation to identify all available insurance coverage.
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The Insurance Information Institute reports that approximately 14% of Texas drivers operate vehicles without insurance, despite state laws requiring minimum liability coverage. In Travis County alone, thousands of uninsured drivers navigate Austin roads daily. When one of these drivers causes an accident, injured victims face the daunting prospect of pursuing compensation from someone who may have limited assets. This scenario makes uninsured motorist coverage absolutely essential for every Texas driver.
Many accident victims don’t realize they carry their own insurance coverage that applies when uninsured drivers injure them. Uninsured motorist coverage, which Texas law requires insurance companies to offer to every policyholder, provides compensation when at-fault drivers lack insurance. This coverage essentially steps into the shoes of the uninsured driver’s non-existent liability policy, paying your damages up to your policy limits. Understanding how to maximize this coverage requires legal expertise that most policyholders lack.
Understanding Uninsured Motorist Coverage
Texas Insurance Code requires all auto insurance policies to include uninsured motorist coverage unless you specifically reject it in writing. Most policyholders don’t remember making this election years ago when they purchased their policies. We obtain your complete insurance policy to determine what coverage you carry. If you have uninsured motorist coverage, we file a claim with your own insurance company for compensation.
Uninsured motorist coverage typically mirrors your liability limits. If you carry $100,000 per person in liability coverage, you likely have $100,000 in uninsured motorist coverage. Some policyholders purchase higher uninsured motorist limits than their liability limits, recognizing that uninsured driver crashes pose significant financial risks. We review your policy declarations page to identify your exact coverage amounts.
Underinsured motorist coverage operates similarly but applies when the at-fault driver carries some insurance—just not enough to cover your damages. For example, if you suffer $150,000 in damages but the at-fault driver only carries Texas minimum limits of $30,000, your underinsured motorist coverage can pay the difference up to your policy limits. This coverage proves invaluable in serious injury cases where minimum liability policies fall woefully short of actual damages.
The Investigation Process in Uninsured Driver Cases
Our first step in any uninsured driver case is confirming that the at-fault driver actually lacks insurance. We request insurance information from the other driver, check the Texas Department of Public Safety’s TexasSure database, and contact insurance companies that might cover the vehicle. Sometimes drivers carry insurance but fail to provide proof at accident scenes. We exhaust all avenues before concluding that no liability coverage exists.
We also investigate whether other insurance policies might apply. If the uninsured driver was operating an employer’s vehicle, the employer’s commercial auto policy might provide coverage. If the uninsured driver borrowed someone else’s vehicle, the owner’s insurance might extend coverage to permissive users. If the accident involved a rental car, the rental company’s insurance might apply. These alternative coverage sources require thorough investigation and understanding of complex insurance law principles.
According to the Texas Department of Transportation, uninsured drivers were involved in 3,847 crashes resulting in injuries or fatalities in 2023. Each of these crashes required careful investigation to identify all potential sources of compensation. Our experience with these investigations allows us to uncover coverage that less experienced attorneys might miss.
Filing Claims Against Your Own Insurance
Many clients feel uncomfortable filing claims against their own insurance companies. They worry about premium increases or policy cancellations. These concerns are largely unfounded. Uninsured motorist claims shouldn’t affect your insurance rates because you weren’t at fault for the accident. Texas law prohibits insurance companies from canceling or refusing to renew policies based solely on uninsured motorist claims. Your insurance company might resist paying your claim, but they can’t punish you for filing it.
Filing an uninsured motorist claim requires the same evidence as any personal injury claim. We gather medical records, police reports, witness statements, and expert opinions proving the other driver’s fault and your damages. We then submit a demand package to your insurance company explaining why they must pay your claim under the uninsured motorist provision of your policy.
Your insurance company will investigate your claim just as the at-fault driver’s insurer would. They’ll review medical records, interview witnesses, and evaluate liability. Don’t assume your own insurance company will automatically believe you or pay your claim willingly. Insurance companies are businesses focused on minimizing payouts, even to their own policyholders. You need legal representation to ensure fair treatment.
Dealing With Policy Exclusions and Limitations
Uninsured motorist policies contain exclusions that can bar coverage in certain situations. Most policies exclude coverage for accidents involving vehicles you own but didn’t insure. They might exclude coverage when you’re driving someone else’s vehicle. They typically exclude coverage for intentional acts or criminal conduct. We analyze these exclusions carefully to determine whether they apply to your case and, if so, whether we can challenge their application under Texas law.
Some uninsured motorist policies have reduced or limited benefits compared to full coverage. They might pay medical expenses but not pain and suffering damages. They might require you to exhaust all other available coverage before they pay anything. They might offset payments by amounts received from other sources. These limitations can significantly reduce your recovery, which is why reviewing your actual policy language is essential.
When Your Coverage Isn’t Enough
If your uninsured motorist coverage limits are lower than your damages, you might have the option of pursuing the uninsured driver personally. Texas law allows judgments against uninsured drivers, though collecting these judgments can be challenging. Most uninsured drivers lack significant assets, making collection difficult or impossible. However, in some cases, uninsured drivers own real property, have garnishable wages, or possess other assets we can pursue through post-judgment collection efforts.
We evaluate whether pursuing the uninsured driver personally makes financial sense. If the driver owns a home, operates a business, or earns substantial income, collection might be feasible. If the driver is judgment-proof with no collectible assets, spending resources on litigation and collection might not be worthwhile. We provide honest assessments of your collection prospects before recommending this approach.
Stacking Uninsured Motorist Coverage
Texas law allows coverage stacking in some circumstances, meaning you can collect uninsured motorist benefits from multiple policies. If you carry coverage on multiple vehicles, you might be able to stack those policies to increase your available coverage. If you have uninsured motorist coverage through your employer’s fleet policy in addition to your personal auto policy, you might access both. If household members carry separate policies, you might qualify for coverage under multiple policies depending on the accident circumstances.
Stacking rules vary based on policy language and Texas case law interpretations. Insurance companies fight stacking claims aggressively, arguing that policy language prohibits multiple recoveries. We analyze your specific policies and the applicable case law to determine whether stacking is available. When it is, stacking can dramatically increase your recovery in serious injury cases.
Arbitration in Uninsured Motorist Cases
Most uninsured motorist policies require arbitration if you and your insurance company can’t agree on the claim value. Arbitration is a formal hearing where an arbitrator—typically a retired judge or experienced attorney—hears evidence and issues a binding decision. The process resembles a trial but occurs outside of court and moves more quickly than litigation.
We prepare for arbitration with the same thoroughness as trial preparation. We present medical evidence, expert testimony, and damages documentation proving your claim’s value. Arbitrators often have significant experience with personal injury cases and understand appropriate compensation for various injuries. While arbitration results can be unpredictable, thorough preparation typically produces fair outcomes.
Protection for Your Future
If you currently lack uninsured motorist coverage or carry only minimum limits, consider increasing your coverage. The relatively small premium increase for higher uninsured motorist limits provides substantial financial protection. Given Texas’s high uninsured driver rate, this coverage represents one of the most valuable protections you can purchase.
Get Help With Your Uninsured Driver Claim
Being hit by an uninsured driver doesn’t mean you’re without options. Our team at Carabin Shaw knows how to maximize uninsured motorist coverage, identify alternative insurance sources, and pursue all available compensation. Call us at 1-800-862-1260 for a free consultation. We’ll review your insurance policies, investigate coverage options, and fight to secure the compensation you deserve even when the at-fault driver carries no insurance.