We are the only law firm in Texas that has three attorneys who have earned the ACS-CHAL Lawyer-Scientist designation from the American Chemical Society.

Uninsured or Underinsured Drivers

As a responsible Texan or visitor, you made sure you acquired adequate car insurance in case you’re involved in an accident. Not only is this the sensible thing to do, but it’s also required by Texas law. The state of Texas requires all drivers to meet the minimum car insurance qualifications if they wish to drive on public roadways and highways.

Unfortunately, some drivers in Texas fail to pay their premiums or haven’t obtained insurance at all despite the law. If you find yourself in an accident with an underinsured or uninsured driver, then it’s highly recommended you secure legal representation. The other driver may make themselves difficult to track so they can avoid paying for any repairs. Additionally, your own insurance company may be unable to cover you if you haven’t bought a policy that incorporates underinsured or uninsured drivers. In this predicament, the next best option is to find quality legal counsel and find out what you can do to receive the coverage you deserve.

Conroe Attorney for Uninsured or Underinsured Drivers in Texas

Were you recently hit by an underinsured or uninsured driver? If so, you may want to get in touch with an experienced legal professional such as the ones at Evans & Powell, PLLC. Our personal injury attorneys have negotiated with insurers, tracked down awry uninsured drivers and practiced personal injury court for years. We can handle your case and help you recover quickly.

Get in touch with us at (713) 622 - 2000 to set up you first consultation free. We will sit with you, discuss your case in detail, and do whatever possible to help you retain the coverage you need. You can find us in Conroe, but we also practice throughout the greater Montgomery County area.

Overview of Uninsured or Underinsured Drivers in TX

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More Drivers Are Uninsured in Texas Than You Think

You might think most drivers in Texas would be foolish not to buy an insurance policy. Especially considering the statutory penalties of not having insurance. However, you may be surprised to learn that according to the Texas Department of Transportation approximately 80 percent of drivers carry the minimum amount of coverage required.

The report reveals that 20 percent or one-fifth of drivers are underinsured or uninsured. This means there are nearly 3,000,000 people in the state of Texas driving without insurance currently. Although, the majority of people in this statistic are underinsured, which simply means they haven’t met the minimum insurance coverage requirements by law. This can happen because the driver failed to pay their premiums on time. In Texas, the minimum insurance requirements are 30/60/25. This means you must pay a minimum of:

  • $30,000 per injured person;
  • $60,000 per accident; and
  • $25,000 for property damage

Obtaining coverage from an uninsured or underinsured driver is nearly impossible. Many uninsured drivers try to stay under the radar so they can avoid paying. Underinsured drivers may not hide, but their insurance won’t cover your repairs or medical expenses. This can create an incredibly frustrating situation with both your insurance company and health.

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The Problem with Named Driver Policies in Texas

In some cases, the policyholder for the car may be insured but not the driver. Texas allows “named driver” insurance policies, which limits coverage to only drivers identified in the policy. This has created a serious uninsured problem in the state of Texas. It means if someone drives your car and isn’t on the policy, you won’t be able to receive the coverage you’re entitled to.

This can also be an issue when dealing with other drivers. For instance, if you hit another driver who is a friend of the policyholder and borrowing their car, then you may not receive coverage from their insurance. The reason for this is that it’s likely the friend who was driving isn’t named on their insurance policy. In the end, you may have issues receiving compensation because the policyholder’s insurance will contest you never hit anyone listed on their policy.

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Receiving Compensation from an Uninsured or Underinsured Driver

It can be devastating news to learn the other driver isn’t insured after a traumatic accident. You may be wondering how do I recover from this if the other driver is without insurance. Thankfully, you can gain trusted legal representation to negotiate with insurers or even take the matter to civil court if needed. Hiring an attorney can significantly raise your chances of receiving the coverage you’re entitled to.

With the help of an auto accident attorney, you can deduce whether the driver is underinsured or uninsured. If they’re underinsured, your attorney can consult with insurance adjusters to help you retain the best coverage possible. If the insurance companies won’t commit, then your attorney and you can file a suit against the insurance company or driver for damages you’ve experienced since the accident and insurance debacle. If the driver is uninsured, your attorney can file a lawsuit for the damages you’ve suffered since the accident.

Damages are simply any losses you’ve sustained since your injury. They can include financial costs such as medical bills or emotional costs including pain and suffering or mental anguish. The following are some damages you could recover from a personal injury suit.

  • Medical expenses;
  • Rehabilitation costs;
  • Handicap installations;
  • Counseling;
  • Loss of wages;
  • Pain and suffering;
  • Loss of enjoyment for life; and
  • Loss of consortium

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Additional Resources

“Named Driver Policies” – Visit the official website of the International Risk Management Institute, Inc. to read an expert commentary article on named driver policies by R. Brent Cooper. Access the article to learn how Texas adopted this policy type, the purpose of it, the issues of the policies and unanswered questions related to named driver policies.

Auto Insurance Made Easy – Visit the official website for the Texas Department of Insurance to learn more about the laws surrounding automobile insurance. Access the site to learn why insurance is required, types of auto coverages, who can be covered in a policy, what the policy covers and other additional relevant information.

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Personal Injury Attorney for Uninsured Accidents in Conroe, TX

If you are in need of legal counsel, we suggest you get in contact with the skilled and experienced accident attorneys at Evans & Powell, PLLC. We are passionate about representing injured and wronged drivers who have been denied the compensation they deserve. With our expertise and court experience, we can do whatever we can to fight for a fair settlement for your losses.

Set up your first consultation free by calling (713) 622 - 2000. During the appointment, we can discuss issues with your insurance, dealing with an uninsured driver and what the next step forward is. We practice throughout the greater Conroe and Montgomery County area including The Woodlands, Magnolia, Willis, New Caney and Splendora.


Evans & Powell, PLLC