Underinsured Motorist Insurance Coverage

March 31st, 2009
I was hurt in a car wreck and the other driver’s insurance company already admitted fault, but they’re saying that they only have to pay $25,000 maximum for my medical bills. Is this correct?

Hello, and thank you for your contribution to our forum. I am very sorry to hear about your ordeal. Please note that I am a licensed Texas attorney, and that you should get the advice of a local attorney in all cases. To answer your question, the other driver’s insurance company may be correct in is assertion. The minimum amount of auto insurance that all drivers in Texas are mandated to carry is as follows: $25,000 for personal injury claims for each person; $50,000 for all personal injury claims per accident; and $25,000 for all property damage claims per accident.

Again, these amounts represent the state required minimum coverage amounts. In 2008, these figures were raised to their present values. Despite this increase, the state minimum coverages are often insufficient to compensate crash victims who have been seriously injured. Hospital bills can quickly increase in the event of surgery. That’s why many personal injury attorneys hope that Texas lawmakers will increase the minimum coverages in the near future.

If the driver who hit you had only the minimum amount of liability insurance, then the insurance company is correct in saying that the policy is subject to a $25,000 policy limit for one person’s personal injury claims stemming from one accident. There is something that may help. If you carry uninsured motorist coverage (UIM) on your own auto insurance policy, your insurance company would then pick up the tab after the other driver’s insurance company’s liability ends. You should check with your insurance company to see if you have this coverage.

However, in all honesty, you should strongly consider hiring or at minimum consulting with an experienced Texas auto accident attorney to guide you. There are many wrinkles in the law that could create problems for you in the future.  You may be better off fully concentrating on your healing than dealing with insurance companies.

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