Filing an Uninsured Motorist Claim in Texas? How to Get Started

The law is pretty clear, all drivers in Texas must at least meet the state’s minimum insurance requirements. This means drivers must carry liability insurance to cover damages sustained in an accident.

However, not all drivers choose to carry auto insurance—it may be an oversight or they simply can’t afford the monthly premiums. Even limited liability insurance can be expensive for those living on a tight budget.

So, what happens if you’re involved in an accident with an uninsured driver? How do you file an uninsured motorist claim? Thankfully, there are some steps you can follow to help ensure you’re not paying for damages out of your pocket.

How to File an Uninsured Motorist Claim in Texas

While being involved in an accident with an uninsured motorist can be frustrating. After all, no one wants to get stuck paying for damages caused by someone else’s negligence or reckless behavior.

If you’re familiar with the steps necessary for filing an insurance claim, you’re off to a good start. The process is similar when the at-fault driver isn’t carrying auto insurance.

Contact Your Insurance Provider

If you’re only carrying liability coverage, you probably can’t file a claim after being involved in an accident with an uninsured driver. This type of insurance only covers damages to another driver, if you’re at fault for the accident. However, if you have full coverage that includes benefits for uninsured motorists, you may be able to file a claim with your insurance provider.

You’ll need to fill out a UIM (uninsured motorist) claim with your insurance provider. After filling out the claim, your insurance provider should provide you with a Proof of Loss Statement. This is a relatively simple form to fill out, it’s similar to your accident report.

You’ll provide a detailed account of the vehicle accident, along with a description of your losses. Your losses can include medical expenses, property damages, and lost income.

Be Ready to Sign a Medical Authorization Form

Signing a medical release form is standard in most personal injury claims. The release form allows the insurance company to access your medical records relating to the accident.

Don’t worry, the medical authorization form doesn’t give insurance companies to go back years in your medical history. The form has limitations. The insurance company only has access to records relating to injuries you sustain in the auto accident.

Yes, you’re supplying your medical records and bills as part of your claim. However, the insurance adjuster will want to double-check your submitted proof and this is where the medical authorization form comes in. However, before signing the authorization form, it’s a good idea to have an attorney review the request.

You don’t want to be careful what you share with the insurance company. For example, there’s no reason for the insurance adjuster to need access to your childhood medical files. You also want to release your records relating to injuries sustained in the accident.

Gather Your Supporting Evidence

Regardless of whether you’re filing a claim against a fully or uninsured motorist, the insurance company is going to require proof of your damages. In other words, you can’t simply write down a number and expect your insurance company to pay the claim.

So, what type of proof will you need to submit? This depends on the type of damages you’re claiming. If you’re claiming property damage, you’ll need to submit repair bills, receipts, and estimates. Your medical records and bills help prove your injury claim.

Don’t forget about providing proof the accident occurred. The insurance company will want a copy of your police report. You can usually get a copy of your official accident report within ten business days for a nominal fee.

If your injuries are severe enough to prevent you from returning to work, your uninsured motorist claim can include your lost wages. You’ll probably need to fill out a Lost Wage Verification Form but don’t panic. The form is pretty basic and only requires employment information. You’ll also need to provide past pay stubs and financial statements to support your claim.

Your supporting evidence may also include witness statements. Including the contact information for any witnesses to the accident can help speed up your uninsured motorist claim but be careful not to discuss the wreck.

Anything you say to a witness can be used by the insurance company to try and lower the value of your accident claim.

Let an Attorney Help With Your Uninsured Motorist Claim

Seeking compensation after an accident with an uninsured motorist can be a daunting task. The process involves a lot of paperwork and gathering the necessary evidence to support your claim.

Working with an attorney can make this process smoother and increase your chances of receiving the compensation you deserve. They can help guide you through the complexities, handle the details, and advocate on your behalf, ensuring that your rights are protected every step of the way.