Austin Uninsured Motorist Accident Lawyer

Texas has one of the highest rates of uninsured drivers in the nation. Studies estimate that approximately 1 in 5 Texas drivers lacks insurance — meaning there is a significant chance that the driver who causes your Austin car accident has no liability coverage to pay for your injuries. When an uninsured driver hits you, your own Uninsured Motorist (UM) coverage becomes your most important financial safety net. At McFarlane Law, we help Austin accident victims navigate UM claims against their own insurance companies and fight for the full policy benefits they are entitled to.

Call (512) 222-4900 for a free consultation if you were hit by an uninsured driver in Austin.

What Is Uninsured Motorist Coverage?

Uninsured Motorist (UM) coverage is a provision in your own auto insurance policy that covers your injuries when the at-fault driver has no liability insurance. Texas law requires all auto insurance companies to offer UM coverage, though drivers can reject it in writing. UM coverage steps into the shoes of the missing liability policy — it covers your medical expenses, lost wages, pain and suffering, and other damages just as the at-fault driver’s insurance would have, up to your UM policy limits.

UM coverage typically comes in two forms: UM Bodily Injury covers your physical injuries and associated damages, and UM Property Damage covers damage to your vehicle. UM coverage also applies to hit-and-run accidents where the at-fault driver flees the scene and cannot be identified — making UM coverage doubly important for Austin drivers.

Why You Need UM Coverage in Texas

With roughly 20% of Texas drivers uninsured, the odds of being involved in an accident with an uninsured driver are alarmingly high. Even among drivers who carry insurance, many carry only the Texas minimum — $30,000 per person / $60,000 per accident — which is woefully inadequate for serious injuries. A single emergency room visit and surgery can exceed $30,000, leaving the victim responsible for the rest. UM coverage bridges this gap and provides a reliable source of compensation when the at-fault driver cannot pay.

We strongly recommend that all Austin drivers carry UM coverage with limits equal to or greater than their liability limits. UM coverage is relatively inexpensive and provides essential financial protection.

How UM Claims Differ from Standard Insurance Claims

Filing a UM claim means you are making a claim against your own insurance company rather than the at-fault driver’s insurer. This creates a unique and often adversarial dynamic. Your insurance company has a contractual obligation to pay legitimate UM claims, but they also have a financial incentive to minimize payouts — just like any other insurance company. Many accident victims assume their own insurer will treat them fairly, but UM claims are frequently disputed, delayed, and underpaid using the same tactics used against third-party claims.

Common UM claim disputes include challenging the severity of your injuries, arguing you share fault for the accident, disputing the amount of medical expenses and lost wages, and claiming pre-existing conditions caused your symptoms. Having experienced legal representation is just as important for UM claims as for third-party claims.

Stacking UM Coverage in Texas

Texas law allows “stacking” of UM coverage in certain circumstances. If you have multiple vehicles on your policy, each with its own UM coverage, you may be able to stack (combine) those coverages to increase the total available UM limits. For example, if you have $100,000 in UM coverage per vehicle and three vehicles on your policy, stacking could provide up to $300,000 in total UM coverage. Whether stacking is available depends on the specific language of your policy. Our attorneys review your policy to determine the maximum UM coverage available and fight for every dollar.

The UM Claim Process

The UM claim process begins with notifying your insurance company that the at-fault driver was uninsured (or was a hit-and-run driver). Your insurer will investigate the accident, review your medical records, and evaluate your claim — just as if they were the at-fault driver’s insurer. We submit a comprehensive demand package documenting liability, your injuries, and your damages. If the insurance company refuses to pay a fair amount, Texas law provides several options including mediation, arbitration (if your policy contains an arbitration clause), or filing a lawsuit against your own insurance company for breach of contract and potentially bad faith.

Bad Faith Insurance Practices

When your own insurance company unreasonably denies, delays, or underpays a legitimate UM claim, they may be acting in “bad faith.” Texas Insurance Code Chapter 541 and the Prompt Payment of Claims Act provide remedies when insurance companies engage in unfair settlement practices, including additional damages, penalties, and attorney’s fees. Bad faith claims can significantly increase the total recovery in a UM case. Our attorneys evaluate every UM case for potential bad faith and pursue additional damages when warranted.

Other Options When the At-Fault Driver Is Uninsured

Beyond UM coverage, there may be additional sources of recovery. MedPay and PIP coverages on your policy pay regardless of fault and can cover medical expenses. If the uninsured driver was operating a vehicle owned by someone else, the vehicle owner’s insurance may provide coverage. If the uninsured driver was working at the time, the employer may be liable. If a road defect or vehicle defect contributed to the crash, additional liable parties may have insurance. And while suing an uninsured driver directly rarely results in collection, it may be appropriate in some circumstances. Our personal injury attorneys explore every avenue of recovery.

Contact McFarlane Law About Your Uninsured Motorist Claim

Being hit by an uninsured driver in Austin does not mean you are without options. McFarlane Law fights UM claims aggressively, holding your own insurance company to its contractual obligations and pursuing every available source of compensation. Call (512) 222-4900 or fill out the form on this page for a free consultation.