Uninsured& Underinsured Motorist Coverage in Texas: Complete Legal Gu

When Insurance Fails You: Understanding Your UM/UIM Coverage in Texas

Welcome to Attorney911, where we serve as your first responders to legal emergencies across Texas. In our recent podcast episode, Attorney Ralph Manginello sat down with our superstar lead case manager, Leonor Olivo, to break down one of the most critical yet misunderstood aspects of auto insurance: Uninsured and Underinsured Motorist (UM/UIM) coverage. If you’ve been in a car collision in Houston, Austin, Beaumont, or anywhere in Texas, and the other driver has no insurance or not enough insurance, your financial recovery—and your family’s stability—hinges on whether you have this protection. With over 25 years of experience handling personal injury cases from catastrophic 18-wheeler accidents to complex federal litigation like the BP Texas City explosion, Ralph Manginello and our team at Attorney911 have seen firsthand how insurance companies exploit gaps in coverage. We’re here to ensure you don’t become another statistic. This comprehensive guide will explain exactly what UM/UIM coverage is, how to use it after a collision, and why having a former insurance defense attorney on your side, like Lupe Peña, gives you an unfair advantage. Call our legal emergency line at 1-888-ATTY-911 anytime—day or night—for immediate guidance.

The Attorney911 Difference: Compassion Meets Aggressive Advocacy

Before diving into the legal intricacies, it’s essential to understand the heart of our firm. As Ralph highlighted in the podcast, Leonor Olivo embodies our mission: relentless advocacy paired with genuine compassion. For two years as our lead case manager, Leonor has taken the Attorney911 platform beyond the office, providing community outreach during crises like the recent Pasadena pipeline explosion and offering personal support to clients who feel overwhelmed. “I love to be able to provide that support for the clients,” Leonor shared. “Some can speak on it, but have you lived it? I’ve lived it to where you don’t know what to do. You don’t have no support.” This lived experience fuels our entire team. At Attorney911, we’re not just lawyers; we’re your allies in navigating the chaos after a legal emergency. Our firm, led by Ralph Manginello—admitted to the Texas Bar in 1998 and the U.S. District Court for the Southern District of Texas—combines decades of trial-tested expertise with a deep commitment to the Houston community where Ralph was raised. When you call 1-888-ATTY-911, you’re not reaching a call center; you’re connecting with a team that includes former insurance defense attorneys like Lupe Peña, who know exactly how insurers operate because they used to work for them.

Uninsured and Underinsured Motorist Coverage Explained: Your Financial Shield

In the podcast, Leonor cut to the core of the issue: “A lot of us don’t realize when we have UM/UIM, which is uninsured motorists and underinsured motorists.” Let’s break this down. UM/UIM coverage is part of your own auto insurance policy that you pay for monthly. It activates in two scenarios: Uninsured Motorist (UM) covers you when the at-fault driver has no liability insurance at all. Underinsured Motorist (UIM) covers you when the at-fault driver’s insurance limits are too low to fully compensate your damages. For example, if you suffer $100,000 in medical bills and lost wages, but the other driver only has Texas’ minimum liability limit of $30,000, your UIM coverage would bridge the $70,000 gap. This coverage isn’t just for bodily injury; it can also apply to property damage, which Leonor emphasized for getting your car repaired quickly.

Texas Law and UM/UIM: The Waiver Requirement

Ralph pointed out a crucial Texas-specific rule: “In Texas, the law requires you to sign off and waive that coverage. And if you don’t sign off on the waiver, then the insurance company has to provide you that coverage.” This stems from the Texas Insurance Code, which mandates that insurers offer UM/UIM coverage, and it must be expressly rejected in writing by the policyholder. If you don’t recall signing a waiver, you likely have this coverage. Many Texans are unaware of this, leaving money they’ve paid for on the table. Our firm has handled cases where clients discovered they had UM/UIM coverage after we requested their declaration page and waiver forms, leading to recoveries that otherwise would have been denied. As Lupe Peña, with his insider knowledge from years at a national defense firm, notes: “Insurance companies often bank on policyholders not understanding their own policies. We make sure they can’t get away with it.”

Handling Property Damage After a Collision: The UM/UIM Advantage

One of the most immediate crises after a crash is a damaged vehicle. You can’t drive to work, take your kids to school, or run errands. Leonor’s advice is straightforward: “Go through your insurance. Go through your insurance and use your uninsured motorist, UM/UIM claim.” Why? Because liability determination—figuring out who’s at fault—can take days or weeks, as she explained. While you wait, your life grinds to a halt. By filing a claim under your own UM/UIM coverage for property damage, you trigger your insurer’s duty to act promptly. They can then pursue subrogation against the at-fault driver’s insurance to recoup what they paid you. This process is faster and gets you back on the road sooner, often with a rental car covered.

Overcoming the “My Rates Will Go Up” Fear

A common objection, as Ralph noted, is: “Why do I want my insurance to go up?” Leonor addresses this head-on: “I explained to them that this was something that they paid for monthly. This was something that, you know, in just in case it happened.” Importantly, in Texas, using your UM/UIM coverage for a not-at-fault accident should not increase your premiums, as you’re tapping into coverage you’ve already paid for. However, insurers sometimes try to blame you. That’s where our expertise comes in. We help you communicate clearly with your insurer, stating: “I wasn’t at fault. The other insurance company is taking too long.” As Leonor stressed, telling your story matters—explain that you have three kids to get to school, a job to maintain, and bills to pay. This human element can pressure adjusters to act fairly.

The Power of Your Story: Why Narrative Wins Insurance Battles

Ralph elaborated on a key tactic: “Stories matter. When you get on the phone with an adjuster, tell them your story… The more you tell them about your story, the more you have the chance of them actually hearing you.” This isn’t just anecdotal; it’s strategic. Insurance adjusters handle hundreds of claims, and they’re trained to minimize payouts. By presenting a compelling, human narrative, you break through the bureaucratic noise. At Attorney911, we train our team, including case managers like Leonor, to weave clients’ stories into every communication. For instance, when representing a client in a logging brain injury case that resulted in a multi-million dollar settlement, we didn’t just cite medical bills; we detailed how the vision loss affected his ability to work and care for his family. This approach is part of what sets us apart from settlement mills that treat cases as numbers. As client Glenda Walker testified in her Google review: “They fought for me to get every dime I deserved.”

Do You Have UM/UIM Coverage? How to Verify and Protect Your Rights

Many Texans, as Leonor said, “don’t even know whether they have that coverage or not.” Here’s your action plan: First, request your declaration page (or “deck page”) from your insurance company. This document outlines your coverage limits. Look for “Uninsured Motorist” and “Underinsured Motorist” lines. If they’re listed with limits, you have coverage. If they’re not listed, or show “rejected,” you need to investigate further. Under Texas law, insurers must have your signed waiver to deny UM/UIM coverage. If you don’t recall signing one, we can request those forms on your behalf. Often, we find that waivers are missing or improperly executed, meaning you’re entitled to coverage. In one case, a client from Sugar Land discovered she had UIM coverage after we reviewed her policy, leading to a significant settlement for injuries from a car accident where the other driver was underinsured. Don’t guess—know. Call 1-888-ATTY-911 for help reviewing your policy; our consultation is always free.

Real-World Crisis Response: The Pasadena Pipeline Explosion

Beyond auto accidents, Attorney911 responds to all legal emergencies. Ralph and Leonor discussed the recent pipeline explosion in Pasadena, Texas, which caused a massive fire burning for three days and releasing chemicals into the air. Leonor was on the scene, assisting clients whose vehicles were melted from the heat—including one who had just bought a brand-new car weeks earlier. She even provided transportation to the hospital for affected residents. This incident underscores our firm’s commitment to community and our capability in handling complex, multi-party cases involving industrial accidents. Ralph Manginello’s experience in the BP Texas City explosion litigation—one of the few Texas firms involved—demonstrates our readiness to take on powerful defendants, from corporations to insurers. Whether it’s a car crash or a catastrophic explosion, we bring the same relentless advocacy.

Critical Steps at the Accident Scene: Evidence That Makes or Breaks Your Case

Leonor concluded the podcast with vital advice: “Make sure that not only are you quick to call 911, but unfortunately not all of them take the time to do the report.” Here’s your post-accident checklist, expanded with legal insights from our 25+ years of practice:

• Call the Police: A police report establishes an official record. In Texas, under the Texas Transportation Code, you must report accidents involving injury, death, or significant property damage. Even if officers don’t come, request an incident number.
• Photograph Everything: As Leonor said, take pictures of the VIN number and license plate of the other vehicle, plus all damages. But also, photograph the inside of your car—spilled drinks, scattered belongings—to prove the force of impact. This evidence can counter insurance arguments that the crash was minor.
• Gather Witness Information: Get names and contact details of anyone who saw the accident. Their statements can be crucial if liability is disputed.
• Seek Medical Attention Immediately: Even if you feel fine, adrenaline can mask injuries. Delayed symptoms, like those from traumatic brain injuries, are common. Medical records create a timeline linking injuries to the accident.
• Do Not Give Recorded Statements: Insurance adjusters may call quickly for a recorded statement. Politely decline until you consult an attorney. As Lupe Peña knows from his defense work, these statements are often used to twist your words and reduce your claim.

Remember, evidence disappears fast—surveillance footage may be deleted in 30 days, and memories fade. Acting swiftly protects your rights.

Why Attorney911 is Your Best Choice: Insider Knowledge and Proven Results

Choosing a law firm after an accident can feel overwhelming. Here’s why Attorney911 stands out in the crowded Texas legal landscape:

1. Former Insurance Defense Attorney on Your Side

Lupe Peña spent years working for a national defense firm, learning firsthand how large insurance companies value claims, use software like Colossus to lowball settlements, and deploy tactics like surveillance and IME (Independent Medical Examination) doctors. Now, he uses that insider knowledge FOR you. As Lupe says: “I’ve reviewed hundreds of surveillance videos as a defense attorney. Insurance companies take innocent activity out of context.” This means we anticipate their moves and counter them effectively.

2. Multi-Million Dollar Results and Federal Court Experience

Ralph Manginello’s admission to the U.S. District Court for the Southern District of Texas signifies our ability to handle complex litigation. Our documented case results include:

• A multi-million dollar settlement for a client who suffered a brain injury with vision loss from a log dropped at a logging company.
• A multi-million dollar settlement for a car accident leading to partial amputation due to staff infections.
• Recovering millions for families in trucking-related wrongful death cases.
• Currently litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity (Bermudez v. Pi Kappa Phi Fraternity, Inc.).

These aren’t just numbers; they’re lives restored. As client Donald Wilcox shared: “I got a call to come pick up this handsome check.”

3. Personalized Communication and Compassion

With 251+ Google reviews averaging 4.9 stars, clients consistently praise our communication. Leonor, mentioned in over 80 reviews, exemplifies this. Client Stephanie Hernandez said: “She took all the weight of my worries off my shoulders.” We assign a dedicated case manager to each client, ensuring you’re updated every 2-3 weeks. You’re never just a case file.

4. No Fee Unless We Win

We work on contingency: 33.33% before trial, 40% if we go to trial. You pay nothing upfront, and we cover all case costs. If we don’t recover compensation for you, you owe us nothing. This aligns our success with yours.

5. Deep Texas Roots and Bilingual Services

Ralph was raised in Houston’s Memorial area, and Lupe is a third-generation Texan from Sugar Land. We serve Houston, Austin, Beaumont, and all of Texas. Our team includes bilingual staff like Zulema, and Lupe is fluent in Spanish, ensuring no language barrier hinders your justice.

Frequently Asked Questions About UM/UIM and Accident Claims

What exactly is UM/UIM coverage?

UM/UIM coverage is part of your auto insurance policy that protects you if you’re hit by a driver with no insurance (Uninsured Motorist) or insufficient insurance (Underinsured Motorist). It covers bodily injury and, depending on your policy, property damage. In Texas, insurers must offer this coverage unless you reject it in writing.

How do I check if I have UM/UIM coverage?

Request your declaration page from your insurance company. Look for “Uninsured Motorist” and “Underinsured Motorist” lines with specific limits. If you’re unsure, contact Attorney911 at 1-888-ATTY-911 for a free policy review. We can also verify if a valid waiver exists under Texas law.

Will using my UM/UIM coverage raise my insurance rates?

Typically, no—not for a not-at-fault claim. You’re using coverage you’ve paid for. However, insurers may try to increase rates unfairly. We help you communicate your non-fault status and dispute any unjust hikes.

What should I do immediately after a car accident in Texas?

First, ensure safety and call 911. Then, document the scene: take photos of vehicles, license plates, VINs, damages, and the interior of your car. Get witness information. Seek medical attention even if you feel okay. Do not admit fault or give recorded statements to insurers. Call Attorney911 at 1-888-ATTY-911 for guided next steps.

How long do I have to file a UM/UIM claim in Texas?

For personal injury, Texas has a two-year statute of limitations from the accident date (Texas Civil Practice & Remedies Code § 16.003). For property damage, it’s also two years. However, notify your insurer as soon as possible—delay can jeopardize your claim. We recommend acting within days.

Can I still recover if I was partially at fault for the accident?

Yes, under Texas’ modified comparative fault rule (51% bar), you can recover damages if you’re 50% or less at fault. Your compensation is reduced by your percentage of fault. Our firm successfully navigates these complexities, as seen in cases like the maritime back injury settlement where we proved employer negligence.

Don’t Face Insurance Companies Alone—Call Your Legal Emergency Lawyers™

Navigating UM/UIM claims and property damage after a collision is daunting, especially when insurance adjusters prioritize profits over people. As Leonor Olivo put it: “Adjusters don’t take it as serious as we do.” At Attorney911, we take every legal emergency with the urgency it deserves. With Ralph Manginello’s 25+ years of experience, Lupe Peña’s insurance defense insider knowledge, and a track record of multi-million dollar results, we’re equipped to fight for you. From the BP explosion litigation to car accident amputations, we’ve handled what others shy away from. If you’re in Houston, Austin, Beaumont, or anywhere in Texas, and you’ve been in an accident, don’t wait. Evidence disappears, statutes of limitations tick, and insurance companies build cases against you. Call the legal emergency line now at 1-888-ATTY-911 or visit attorney911.com for a free, no-obligation consultation. We’re here 24/7 because legal emergencies don’t wait for business hours. You just learned something new—now let us put that knowledge to work for you.

Frequently Asked Questions

What is UM/UIM coverage and why do I need it in Texas?

UM/UIM (Uninsured/Underinsured Motorist) coverage is part of your auto insurance that protects you if you’re hit by a driver with no insurance or insufficient insurance. In Texas, where many drivers are uninsured, it’s crucial for covering medical bills, lost wages, and property damage when the at-fault driver can’t pay.

How do I check if I have UM/UIM coverage on my auto policy?

Request your declaration page from your insurance company and look for ‘Uninsured Motorist’ and ‘Underinsured Motorist’ lines with specific limits. In Texas, insurers must have your signed waiver to deny this coverage. If you’re unsure, Attorney911 offers free policy reviews at 1-888-ATTY-911.

Will filing a UM/UIM claim increase my insurance rates?

Typically, no—for a not-at-fault accident, using UM/UIM coverage should not raise your premiums as you’re tapping into coverage you’ve already paid for. However, insurers may attempt unfair increases. Attorney911 helps communicate your non-fault status and dispute any unjust rate hikes.

What should I do immediately after a car accident in Texas to protect my claim?

Call 911, document the scene with photos of vehicles, license plates, VINs, damages, and the interior of your car, gather witness information, seek medical attention even if you feel fine, and do not give recorded statements to insurers. Then, call Attorney911 at 1-888-ATTY-911 for legal guidance.

How long do I have to file a personal injury lawsuit after a car accident in Texas?

Texas has a two-year statute of limitations from the accident date for personal injury claims (Texas Civil Practice & Remedies Code § 16.003). Missing this deadline bars your case forever, so act quickly to preserve evidence and legal rights with help from Attorney911.

Can I recover compensation if I was partially at fault for the accident in Texas?

Yes, under Texas’ modified comparative fault rule (51% bar), you can recover damages if you’re 50% or less at fault, with compensation reduced by your percentage of fault. Attorney911 has successfully navigated these complexities in cases like maritime back injury settlements.