You are driving south on Lee Trevino Boulevard when a driver runs a red light at Edgemere and slams into the side of your vehicle. You are rushed to Del Sol Medical Center with a broken collarbone and herniated discs. Then comes the second blow: the other driver has no insurance. No policy. No coverage. Nothing.
This is not a rare scenario in El Paso. Approximately 14 percent of Texas drivers are uninsured, and in border communities, that number can be even higher. If you are hit by one of these drivers, your medical bills, lost wages, and vehicle damage do not disappear just because the at-fault party cannot pay. Your own uninsured and underinsured motorist coverage may be the only thing standing between you and financial disaster.
Understanding UM/UIM Coverage
Uninsured motorist (UM) and underinsured motorist (UIM) coverage are two types of auto insurance that protect you when the driver who caused your car accident either has no insurance or does not have enough insurance to cover your losses.
Uninsured motorist coverage applies when the at-fault driver has no liability insurance at all. It also typically covers hit-and-run accidents where the other driver flees the scene and cannot be identified.
Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits are too low to pay for the full extent of your injuries and damages. For example, if you have $200,000 in medical bills and the at-fault driver carries only $30,000 in liability coverage, your UIM policy can cover the gap.
In Texas, auto insurance companies are required to offer UM/UIM coverage when you purchase a policy. However, you can reject it in writing. Many drivers decline the coverage to save money on premiums, a decision they deeply regret when they are hit by an uninsured driver on I-10 or Dyer Street.
Why UM/UIM Coverage Matters in El Paso
El Paso's location on the U.S.-Mexico border creates unique driving conditions that make UM/UIM coverage especially critical. The high volume of cross-border traffic, combined with the reality that many drivers on El Paso roads may carry minimal or no insurance, means your chances of being hit by an uninsured or underinsured driver are higher than the state average.
The consequences are stark. Texas's minimum liability insurance requirements are already low: $30,000 per person and $60,000 per accident for bodily injury. Even a "fully insured" at-fault driver may carry limits that do not come close to covering a serious injury. A single surgery, a week in the ICU, or months of physical therapy can easily exceed $100,000. Without UIM coverage, you are left paying the difference out of your own pocket.
How to File a UM/UIM Claim
Filing a UM/UIM claim is fundamentally different from filing a claim against the other driver's insurance. You are filing against your own insurance company, the same company you have been paying premiums to, and they will treat it as an adversarial process.
Here is how the process typically works:
- Report the accident to the police and get a copy of the crash report documenting that the other driver was uninsured or underinsured
- Notify your own insurance company that you need to file a UM/UIM claim. Do this promptly, as your policy likely has reporting requirements
- Document everything: medical records, bills, wage loss statements, photos, and the police report
- Do not give a recorded statement to your insurer's adjuster without consulting an attorney first. Anything you say can be used to minimize your claim
- Negotiate or litigate. Your insurer will make a settlement offer, often far below your actual damages. An attorney can negotiate aggressively or file a lawsuit if the insurer refuses to pay fairly
The key difference to understand is that your insurance company is not on your side in a UM/UIM claim. They owe you coverage under your policy, but they are financially motivated to pay as little as possible. They will use the same tactics as any other insurance company: disputing the severity of your injuries, questioning causation, and making lowball offers.
Stacking Your Coverage
One powerful but often overlooked aspect of Texas UM/UIM law is coverage stacking. If you have multiple vehicles on your auto policy, each with its own UM/UIM coverage, you may be able to "stack" those limits to increase the total coverage available for a single claim.
For example, if you have three vehicles on your policy, each with $100,000 in UM coverage, stacking could give you access to $300,000 in total coverage. Texas generally allows stacking unless your policy contains a valid anti-stacking provision, and not all such provisions hold up under scrutiny.
Stacking can also apply across different policies. If you were driving a vehicle covered by one policy but also have UM/UIM coverage on another policy you own, both may apply. The rules are complex, and insurance companies rarely volunteer this information. An attorney who understands UM/UIM law can review all of your policies and identify every dollar of coverage available.
Common Disputes With Your Own Insurer
Even when you have UM/UIM coverage and a clear-cut case, disputes with your own insurance company are common:
- Denying the other driver was uninsured: Your insurer may argue that the at-fault driver actually had coverage, even if it was lapsed or from a company that is difficult to locate
- Disputing injury severity: Insurers routinely hire their own doctors to review your medical records and claim your injuries are less serious than your treating physicians documented
- Lowball settlement offers: Your insurer may offer a fraction of your policy limits and pressure you to accept quickly, especially if you are dealing with mounting medical bills
- Delay tactics: Slow-walking your claim in hopes that financial pressure forces you to settle for less than you deserve
- Denying stacking: Claiming that your policy does not allow stacking when the anti-stacking provision may not be legally enforceable
These tactics are why many UM/UIM claims require legal representation. You need someone who can push back against your own insurance company with the same force you would expect against the other driver's insurer.
Hit by an Uninsured Driver? We Can Help
Being injured by an uninsured or underinsured driver in El Paso is frustrating and frightening. You did everything right, carried insurance, drove safely, and followed the law, yet you are the one facing medical bills and lost income. Your UM/UIM coverage exists for exactly this situation, but your insurance company will not make it easy to collect what you are owed.
Lovett & Murray has spent more than 30 years helping El Paso drivers navigate UM/UIM claims and disputes with insurance companies. We understand the policy language, the stacking rules, and the litigation strategies that force insurers to pay fairly. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you.
Contact us today for a free consultation. Call 915-757-9999 or reach out online. Let us fight your insurance company so you can focus on your recovery.