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Uninsured Motorist Settlement in Texas

Posted on November 28, 2022 Car Accidents
uninsured motorist settlement Car accidents are hard enough without worrying about filing an insurance claim. If you may qualify for an uninsured motorist settlement in Texas keep reading. Deciding about what to do when an at-fault driver lacks insurance to cover damages can be extra confusing. Luckily, in many cases, uninsured motorist coverage (UM) protects Texas drivers if they get in an accident with another uninsured driver.

What Is Uninsured Motorist (UM) Coverage in Texas?

Approximately 20% of drivers on Texas roads are uninsured. However, Texas law requires insurance companies to offer policyholders uninsured motorist coverage (UM). Unless a policyholder expressly waives this coverage in writing, Texas drivers pay for UM as part of their insurance policy.   If a victim can prove the uninsured party acted negligently, uninsured motorist coverage provides uninsured motorist settlements. In other words, if you purchase UM, your insurance company will help pay for your damages, up to the policy’s limits, if the negligent driver lacks insurance coverage.  In some cases, more than one UM policy may even cover your losses. For example, say you’re a passenger in a friend’s car and another uninsured driver causes a car accident that results in your injury. In this case, you may be able to open a claim with your UM insurance and with your friend’s UM policy.

What Is the Average Uninsured Motorist Claim Settlement?

Generally, the severity of a victim’s injury is the major determinative factor for car accident settlement amounts. In 2022, the average compensation for car accident victims who were not injured was $16,700, while the average award for injured crash victims was $29,700. In Texas, there is no average uninsured motorist claim settlement. And having UM coverage doesn’t necessarily mean your insurance company will automatically pay when you are in an accident with an uninsured driver. Typically, however, a UM settlement will include damages for some or all of the following:
  • Property damages,
  • Past and future medical expenses,
  • Past and future lost wages,
  • Lost future earning power,
  • Pain and suffering,
  • Mental anguish, and
  • Disfigurement.
While there isn’t a one-size-fits-all settlement amount, insurance companies and courts use an uninsured motorist settlement calculator to weigh these damages and calculate how much your settlement is worth. They also take into consideration factors such as:
  • The accident’s circumstances and case facts,
  • The injury’s severity,
  • A victim’s prognosis, and
  • The financial and non-financial hardships the accident caused the victim.
In cases where UM insurance doesn’t apply or cover all a victim’s damages, filing a personal injury lawsuit against the uninsured driver may be the victim’s best course of action. However, whether a case will be fruitful hinges on numerous factors. Working with a knowledgeable car accident attorney will help you understand these factors and your options and ensure you make the best choice to pursue the recovery you deserve.

Contact the Law Firm of Aaron A. Herbert Today

The Law Firm of Aaron A. Herbert prides itself on forging long-term client relationships. For over a decade, our skilled advocates have demonstrated their client dedication by successfully resolving thousands of vehicle injury cases before trial. Our lead attorney Aaron A. Herbert is one of fewer than 2% of attorneys in the State of Texas Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. A skilled negotiator with a 10 out of 10 AVVO rating, he won’t hesitate to use aggressive legal strategies to pursue your maximum compensation for your uninsured motorist settlement. Usually, that means settling. But as an expert in the field, Aaron is not afraid to go to trial to get the settlement you need and deserve.  If an uninsured motorist injured you, contact us today at 214-441-6196. We offer free consultations and don’t take a fee unless we win.