Do I Have to Pay for an Accident That Wasn't My Fault?

You would assume that after an accident that was the fault of another driver, all your damages would be covered, either by their insurance company or your own. Most of the time, this is the case. However, some drivers may still have to pay for vehicle or bodily damage out of pocket, even if the accident was not their fault. How can this be? Keep reading to find out.

Uninsured/Underinsured Motorist Coverage

In Texas, drivers are not required by law to carry Uninsured/Underinsured Motorist Coverage. UM insurance ensures your insurance company will cover damages in the event a driver hits you without insurance. A 2012 study by the Insurance Research Council found that 12.6 percent of drivers in the US are uninsured. UIM insurance covers drivers who are hit by a driver whose insurance plan doesn’t offer enough money for the damage they caused in an accident.

How Does UM/UIM Coverage Work?

With UM/UIM insurance coverage, your insurance company is responsible for paying the damages you incurred from the uninsured/underinsured driver. In the case of a UM/UIM accident, your insurance company steps in as the party responsible for the damages to your vehicle and medical expenses. Texas is an “at fault” state, which means the driver who is more at fault will have to pay the damages. Your insurance provider becomes the “at-fault” party when an uninsured or underinsured driver hits you. Your insurance company will likely try to offer the least amount of coverage possible, and often will try to refute that the accident was the other driver’s fault or try to deny you the full amount of coverage owed by your contract. These situations call for a car accident attorney.

Were You Offered UM/UIM Coverage?

Texas law requires insurance companies to provide you with the option to get UM/UIM coverage. However, insurance companies have been known to break the law to offer competitive rates and lower premiums. You may be able to make a legal case against the insurance company if they did not provide it to you. You should not have to pay for damages to your vehicle or your body in an auto accident that is not your fault. If your insurance company is trying to work against you or saying your plan doesn’t include UM/UIM coverage, contacting an experienced Lufkin car accident lawyer can help get your insurance company into gear.