SERIOUS ATTORNEYS FOR SERIOUS INJURIES
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— Tracy P.
Getting hit by a driver who doesn’t have enough insurance to cover your injuries is one of the most frustrating situations you can face after a car accident. You did everything right. You carried your own coverage. And now you’re stuck with medical bills, lost wages, and a stubborn insurance company that doesn’t want to pay what your claim is worth. If this sounds familiar, you need an underinsured motorist lawyer in Dallas who knows Texas law and isn’t afraid to fight for you. At Chandler Ross Injury Attorneys in Denton, Texas, we help accident victims across the Dallas-Fort Worth area get the full compensation they deserve, even when the at-fault driver’s policy falls short.
Table of Contents
- What Is an Underinsured Motorist Claim in Texas?
- Why Underinsured Drivers Are a Serious Problem in the Dallas-Denton Area
- How Texas Law Requires Insurers to Offer UIM Coverage
- What Compensation Can You Recover in an Underinsured Motorist Claim?
- How Chandler Ross Injury Attorneys Can Help You After an Underinsured Crash
- FAQs About Underinsured Motorist Lawyer in Dallas
What Is an Underinsured Motorist Claim in Texas?
Texas law draws a clear line between uninsured and underinsured drivers. An underinsured driver actually has a policy, but their coverage limits are too low to cover the full cost of your injuries and damages. Under Texas Insurance Code Section 1952.103, a motor vehicle is legally considered “underinsured” when the at-fault driver’s collectible liability coverage is lower than the limit of liability stated in your own underinsured motorist (UIM) policy, or when their policy has been reduced by other claims from the same accident to an amount below your UIM limit.
Here’s a real-world example. Say a driver runs a red light near the Denton County courthouse on Locust Street and T-bones your vehicle. Their policy covers $30,000 per person, which is the state minimum under Texas Transportation Code Section 601.072. Your medical bills alone hit $75,000. Their insurance pays out its $30,000 limit, leaving you $45,000 short. That gap is exactly what your UIM coverage is designed to fill.
Under Texas Insurance Code Section 1952.106, underinsured motorist coverage must pay you all amounts you are legally entitled to recover from the at-fault driver, up to your own policy’s UIM limit. This is a first-party claim, meaning you file it with your own insurance company. That might seem straightforward, but your insurer has a financial interest in paying as little as possible, even on claims you’ve already paid premiums to protect.
Many Dallas-area drivers don’t realize how quickly medical costs exceed minimum policy limits. A single hospital stay after a serious crash on I-35E can easily surpass $30,000. If you suffered a traumatic brain injury, spinal damage, or broken bones, you could be looking at six-figure medical bills. The minimum coverage required by Texas law simply isn’t built for serious accidents. That’s why having your own strong UIM policy, and knowing how to use it, matters so much.
Why Underinsured Drivers Are a Serious Problem in the Dallas-Denton Area
The roads connecting Denton to Dallas carry enormous traffic volume every single day. US-380, I-35E, and the Dallas North Tollway funnel thousands of commuters between Denton, Frisco, and downtown Dallas. With that volume comes real risk, and a significant portion of drivers sharing those roads are either uninsured or carrying only the bare minimum coverage.
According to a 2023 study by the Insurance Research Council, the uninsured motorist population increased from 11.6% to 14% of drivers between 2017 and 2022. That trend hasn’t reversed. A driver with the Texas minimum limit of $30,000 might not be underinsured in a minor fender-bender, but in a serious crash requiring a hospital visit or significant follow-up care, that coverage won’t be enough. Most drivers who have insurance carry only the $30,000 minimum required by law.
You can safely estimate that almost half of Texas drivers are underinsured for even a moderate wreck. Think about that the next time you merge onto I-35E near Loop 288 in Denton or sit in traffic heading south toward Carrollton. The driver behind you may have a policy that wouldn’t cover a week in the hospital, let alone a long-term injury.
Rising insurance costs are making the problem worse. Insurance costs, along with other goods and services, have risen in recent years, making it harder for people to afford basic liability and collision coverage. According to the Insurance Information Institute, the average yearly cost of auto insurance increased from $789.29 in 2010 to $1,127 in 2022. When premiums climb, some drivers drop down to the legal minimum or let their policies lapse entirely. That puts every other driver on roads like US-77 and FM 2181 at greater risk of being left with uncovered losses after a crash.
The personal injury lawyers at Chandler Ross Injury Attorneys understand this reality. We’ve seen firsthand how quickly an underinsured driver situation can leave an injured person in a financial crisis. We’re here to make sure that doesn’t happen to you.
How Texas Law Requires Insurers to Offer UIM Coverage
Texas doesn’t leave UIM coverage to chance. Under Texas Insurance Code Section 1952.101, an insurer may not deliver or issue an automobile liability insurance policy in this state unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. In plain terms, every auto insurer selling policies in Texas must offer you UIM coverage. You have to actively reject it in writing if you don’t want it.
This is important because many people don’t realize they may already have UIM coverage. If you bought a policy in Texas and never signed a written rejection, your insurer was required to include it. Check your declarations page carefully. Your UIM limit is listed there, and it tells you the maximum amount your insurer must pay on top of what the at-fault driver’s policy covers.
Texas also has a verification program under Transportation Code Chapter 601, Subchapter K, designed to reduce uninsured drivers on the road. The Texas Department of Insurance, working with the Department of Motor Vehicles and Department of Public Safety, operates an insurance verification system to identify uninsured vehicles. Despite this program, millions of drivers still operate without adequate coverage.
One thing that catches many accident victims off guard is the timing requirement. Some insurance policies give you only 30 days to make a claim following an accident. Missing that window could jeopardize your ability to recover UIM benefits entirely. This is one of the main reasons you should speak with a car accident lawyer as soon as possible after a crash, especially if the at-fault driver’s coverage looks thin.
Texas courts have also clarified how UIM claims work in practice. The Texas Supreme Court has held that an insurer’s obligation to pay UIM benefits doesn’t arise until the other driver’s liability and underinsured status are established. This means the process can take time, and having an attorney who understands how to build that case is critical to getting paid what you’re owed.
What Compensation Can You Recover in an Underinsured Motorist Claim?
Your UIM claim can cover many of the same damages you’d pursue in a standard car accident lawsuit. The goal is to put you in the financial position you would have been in if the at-fault driver had carried adequate insurance. That covers a wide range of losses, both economic and non-economic.
On the economic side, you can claim past and future medical expenses, lost wages from time missed at work, reduced earning capacity if your injuries affect your ability to work long-term, and the cost of ongoing rehabilitation or therapy. If you’ve been dealing with physical therapy at a clinic near the UNT campus or receiving specialist care at a hospital in Dallas, those bills belong in your claim. Property damage to your vehicle may also be recoverable, though UIM coverage structures vary by policy.
Non-economic damages are just as real, even if they’re harder to put a number on. Pain and suffering, emotional distress, loss of enjoyment of life, and the impact of a long-term disability all factor into what your claim is worth. Texas law allows injured accident victims to seek compensation for these losses, and they can be significant in serious injury cases involving whiplash, herniated discs, or traumatic brain injuries.
One thing to keep in mind: your UIM coverage doesn’t stack directly on top of the at-fault driver’s payout without limits. Your recovery through UIM is capped at your own policy’s UIM limit, minus what you already received from the at-fault driver’s insurer. So if your UIM limit is $100,000 and the other driver paid $30,000, your insurer is on the hook for up to $70,000, assuming your total damages support that amount.
Working with an experienced car accident lawyer helps ensure every category of damage is properly documented and presented. Insurance companies rarely volunteer the full amount. You need someone who knows how to calculate the real value of your losses and push back when the insurer low-balls your claim.
How Chandler Ross Injury Attorneys Can Help You After an Underinsured Crash
Filing a UIM claim sounds simple, but it rarely is. You’re dealing with your own insurance company, which means the relationship can feel cooperative at first. Don’t let that fool you. Your insurer’s goal is to minimize what they pay, and they have experienced adjusters and attorneys working toward that goal from day one. You deserve the same level of advocacy on your side.
At Chandler Ross Injury Attorneys, we handle every part of your underinsured motorist claim. We gather the police report, medical records, wage documentation, and expert opinions needed to prove both the at-fault driver’s liability and the full extent of your damages. We deal directly with the insurance company so you don’t have to. And if the insurer refuses to pay fairly, we take the fight to court.
We serve clients throughout Denton County and the greater Dallas area, including those injured on US-380, near Rayzor Ranch, around Lake Lewisville, and along the I-35E corridor between Denton and Dallas. Whether your crash happened in a Denton parking lot or on the Dallas North Tollway, we know the local roads, the courts, and the insurance tactics used in this area.
Our firm handles cases on a contingency fee basis. You pay nothing unless we recover compensation for you. There are no upfront costs and no hourly fees. If you were hurt by an underinsured driver, the worst thing you can do is wait. Texas has a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code Section 16.003, and certain policy deadlines may be even shorter. Reach out to a car accident attorney at Chandler Ross Injury Attorneys today by calling (940) 800-2500. You can also connect with our team if you were injured near Gainesville or anywhere along the US-77 corridor by speaking with our car accident attorney familiar with those roads. And if your crash occurred near Decatur or Wise County, our car accident lawyer team is ready to help you understand your options. Call us at (940) 800-2500 for a free consultation. Past results in other cases do not guarantee the same outcome in your case, as each claim depends on its own facts and applicable law.
FAQs About Underinsured Motorist Lawyer in Dallas
What is the difference between uninsured and underinsured motorist coverage in Texas?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all, including hit-and-run situations where the driver can’t be identified. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are not high enough to cover your total damages. Under Texas Insurance Code Section 1952.103, a vehicle is legally underinsured when the at-fault driver’s coverage is lower than your own UIM policy limit. Both types of coverage are offered together by Texas insurers, and you must reject them in writing if you don’t want them included in your policy.
Can my own insurance company deny my UIM claim?
Yes, and it happens more often than people expect. Even though UIM is your own coverage, your insurer can dispute the value of your claim, argue that your injuries aren’t as serious as claimed, or contest whether the other driver was truly at fault. They can also delay payment while requesting additional documentation. If your insurer is acting in bad faith by unreasonably delaying or denying a valid claim, Texas law may provide additional remedies. An attorney can review your policy, evaluate whether your insurer is treating you fairly, and take legal action if they are not.
How long do I have to file a UIM claim in Texas?
Texas law gives most personal injury victims two years from the date of the accident to file a lawsuit under Texas Civil Practice and Remedies Code Section 16.003. However, your own insurance policy may have shorter internal deadlines for reporting claims, sometimes as little as 30 days after the accident. Missing a policy deadline can affect your ability to recover UIM benefits even if the legal statute of limitations hasn’t expired. Contact an attorney as soon as possible after your crash to make sure no deadlines are missed.
Do I need to sue the at-fault driver before making a UIM claim?
Not always, but the process requires establishing that the other driver was at fault and that their coverage was insufficient for your damages. In many cases, you can resolve the at-fault driver’s policy first and then pursue your UIM claim without filing a separate lawsuit against the driver. However, the Texas Supreme Court has made clear that an insurer’s obligation to pay UIM benefits is tied to establishing the other driver’s liability and underinsured status. Your attorney can coordinate this process to protect your rights and avoid procedural missteps that could reduce your recovery.
What if the at-fault driver had the Texas minimum coverage? Can I still make a UIM claim?
Yes, absolutely. Texas requires drivers to carry at least $30,000 in bodily injury coverage per person under Transportation Code Section 601.072, but that amount rarely covers serious injuries. If your medical bills, lost wages, and other damages exceed the $30,000 the at-fault driver’s insurer paid, and you have a UIM policy with higher limits, you can file a UIM claim with your own insurer for the difference, up to your UIM policy limit. This is one of the most common situations our attorneys handle, and it’s exactly why carrying strong UIM coverage matters so much in Texas.
More Resources About Insurance & Claims
- Car Accident Claim Lawyer in Dallas
- Dealing with Insurance Adjusters After a Car Accident
- Texas Car Accident Insurance Laws Explained
- Diminished Value Claim Attorney in Dallas
- Total Loss Vehicle Claim Lawyer in Dallas
- Denied Car Accident Claim Lawyer in Dallas
- Uninsured Motorist Claim Attorney in Texas
