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San Antonio Uninsured and Underinsured Motorist Accidents

Texas requires all drivers to obtain an insurance policy under the law, but it is common knowledge that some people do not follow the rules. You could be covered after an accident if you have an uninsured and underinsured motorist (UI/UM) policy.

What Is Uninsured and Underinsured Motorist Coverage?

Uninsured and underinsured motorist coverage is a policy you would have purchased to protect yourself against uninsured motorists. If you do not have a policy, you might have to work with the police or accept a partial settlement to receive any payment.

Essentially, this coverage will cover the damages exceeded by your or the at-fault driver’s policy limits. For instance, if you lost $50,000 in injuries but the other driver has no insurance, the UI/UM policy would cover this difference.

What to Do After a San Antonio UI/UM Accident

A single legal mistake can cause your otherwise viable claim to result in a negative response, meaning the insurance company could deny your claim in part or whole. Therefore, it is wise and prudent to protect yourself, your health, and your claim by preparing in advance.

Make the legal process as easy on yourself as possible by following these three steps:

  • Step 1. Assemble essential evidence: Put together an evidence file containing medical notes, bills, police reports, accident reports, photographs, witness information, insurance policies, and anything else you obtain without causing yourself further stress or injury.
  • Step 2. File your insurance claim: Most insurance companies have a policy- or company-specific deadline by which you must file a claim. Do not miss this deadline! After filing it, insurance
  • Step 3. Get no-cost legal advice: You do not have to wait until you file a claim to speak with a San Antonio accident lawyer who has experience with these types of claims. If you believe you need legal advice, you have every right to protect yourself before filing your claim. You can also use this step to receive feedback on their first settlement offer, which they must provide within 35 days of receiving your claim under Section 542 of the Unfair Claim Settlement Practices Act.

Possible Awards for Uninsured and Underinsured Motorist Accidents

Under the Texas Civil Practices and Remedies Code, Section 41 provides financial compensation, known as personal injury damages, for the losses a negligent party caused you. The value of your settlement offer will depend upon the facts and circumstances of your case as well as the opinion of the insurance company. If you disagree with their assessment, do not sign the settlement agreement and speak with a San Antonio car accident attorney first.

You may be able to recover damages from a UI/UM policy that pays for:

  • Current and future medical bills
  • Current and future lost wages
  • Physical pain and suffering
  • Mental anguish
  • Lost enjoyment of life
  • Property damage
  • Other recoverable losses

Texas also follows modified comparative negligence laws under Section 33. If the other party has evidence to prove that you were more than 50 percent at fault, you cannot recover an award. Ensure you put as much power on your side as possible by getting legal advice from an experienced team like The Aguirre Law Firm. Otherwise, you could be leaving valuable, lifesaving money on the line.

Contact a San Antonio Accident Attorney Today

The San Antonio personal injury attorneys at The Aguirre Law Firm are ready to protect your rights. Call us for a free consultation at (210) 934-4756 or message us online for more information about how we can help.

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