Why You Need Uninsured and Underinsured Motorists Coverage

By Dec 29, 2018 Posted in Insurance

auto insurance 

What is Uninsured Motorists Coverage?

Uninsured motorists “UM” coverage protects you if you are injured by a driver with no insurance.   You may assume that other drivers will follow the law and will buy auto insurance just like you do.    However, this is not always the case.  An estimated 1 in 8 drivers on Texas roads are uninsured.

  • Some drivers never buy auto insurance and take their chances on being ticketed.
  • Some drivers have coverage but miss their monthly payment so the coverage lapses.
  • In other cases, the owner of the car may have coverage, but may allow an excluded driver (usually a family member with a bad driving record) to drive the car, so there is no coverage.
  • What you may not realize is that even if a driver does have auto insurance, if the driver does not “cooperate” with his insurance company, the insurance company can deny coverage.

If you are injured by a driver with no insurance coverage and you do not have UM coverage, you may have no way to collect from the at- fault driver.   Typically, drivers with assets to protect have auto insurance.  It’s usually those drivers with nothing to lose who do not carry auto insurance. To protect yourself and your family from uninsured drivers, it’s important to carry uninsured motorists coverage, with limits high enough to protect you should the worst happen.

What is Underinsured Motorists Coverage?

Underinsured Motorists Coverage “UIM” coverage protects you in the event the at-fault driver does not have enough coverage to pay for all the damage he has done.  If the at-fault driver’s limits are insufficient to compensate those he has injured, then your UIM coverage can help compensate you. 

  • If the at- fault driver carries minimum limits of $30,000 and your hospital bills are $70,000, the at fault driver’s limits will not be enough to compensate you. In that event, you may make a claim under your UIM coverage for the damages not covered by the at-fault driver’s policy.
  • If there are multiple people injured in a collision, the at- fault driver’s insurance may be insufficient to compensate all those injured. In that case, your UIM coverage may  compensate you.

The Texas Insurance Code Mandates UM/UIM coverage in personal auto policies, unless rejected in writing.

  • Texas Ins. Code §1952.101 Uninsured Motorists Coverage requires uninsured/ underinsured coverage on all policies but allows the coverage to be waived.
  • UM limits must be offered up to the amount of liability limits, and must be at least $30,000
  • UM limits cannot exceed liability limits
  • UM coverage cannot cover intentional acts

UM/UIM coverage applies whenever you or a family member is injured by an uninsured or underinsured driver

  • If you or a family member is struck by an uninsured or underinsured driver while walking or on a bicycle, your UM/UIM coverage will apply.

UM/UIM coverage applies to everyone in the insured vehicle

  • Everyone in the insured vehicle is covered if they are occupying the vehicle when the accident occurred.

 The lawyers at Wham & Rogers can help with your UM/UIM claim.  Call us at 832-592-1108, or fill out a form on our contact page:


The information in this blog is not, nor is it intended to be legal advice.  You should contact an attorney for advice regarding your individual situation.  Contacting us does not create an attorney client relationship.  Please do not send any confidential information to us until such time as an attorney client relationship has been established.


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1790 Hughes Landing Blvd., 400
The Woodlands, TX 77380
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Phone: (832) 592-1108

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24624 Interstate 45 North, Suite 200, Spring, TX 77386

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