An Austin uninsured motorist accident lawyer files claims against your own insurance company when another driver causes a crash and either has no liability coverage or not enough to pay for the harm caused. Under Texas law, your carrier owes payment only after liability and damages have been formally established, which often means filing suit against the at-fault driver first and your carrier second.
Texas drivers carry uninsured motorist (UM) and underinsured motorist (UIM) coverage when they pay the premium for it, and Texas insurers must offer the coverage in every auto policy under Texas Insurance Code § 1952.101. When that coverage is in place, it pays the same damages a fully insured at-fault driver would owe, including medical costs, lost wages, pain and suffering, and ongoing care.
The complication is the carrier paying those damages is the one you’ve been paying premiums to for years. UM/UIM claims are contract disputes wrapped around personal injury facts, and Texas procedure under Brainard v. Trinity Universal Insurance Co. requires a specific sequence that most consumer guides don’t address.
At Slingshot Law Injury Attorneys, our Austin UM/UIM attorneys handle uninsured and underinsured motorist claims for crash victims across Travis County and the I-35 corridor. Contact us today at (800) 488-7840 for a free consultation.
Why Slingshot Law for Your Austin Uninsured Motorist Case?
Slingshot Law handles Austin uninsured motorist cases with the trial preparation, regulatory knowledge, and direct attorney attention that UM/UIM claims require. Your case is handled by attorneys with prosecutor and JAG experience who file suit when your carrier refuses to pay.
Former Prosecutor Experience That Builds Documented Cases
Drew Gibbs spent years as a Texas prosecutor building evidence-based cases against well-resourced opponents in the courtroom. UM/UIM carriers and the defense teams they retain challenge liability, dispute causation, and minimize damages as routine claim-handling practice. Drew builds UM/UIM files the same way he built criminal cases: documented evidence, a clear liability theory, and preparation that holds up under pressure.
Military Legal Precision From a JAG Corps Officer
Scott Crivelli served as an active duty Army Judge Advocate General (JAG) Corps officer. A JAG officer is a military attorney who handles complex legal matters for service members under demanding conditions. UM/UIM cases require simultaneous management of medical documentation, policy interpretation, the underlying liability case, and the contract claim against the carrier. Scott’s background shapes the structured approach our team applies from the first day.
Direct Attorney Involvement on Every Case
At Slingshot Law, the attorneys who take your case handle it from start to finish. You hear from us directly. When decisions need to be made about your claim, the attorney responsible for your file makes them.
Litigation-Ready Against Your Own Carrier
UM/UIM claims that are disputed by the carrier proceed to litigation against the insurance company itself. We build every UM/UIM file with that endpoint in view, prepared to file suit when the carrier refuses to tender available limits or disputes the underlying liability and damages.
Ready to talk through your case? Call (800) 488-7840 for a free consultation.
What Makes UM/UIM Claims in Texas Different?
Texas UM/UIM claims are contract actions against your own insurance company, governed by the Brainard rule. The carrier has no obligation to pay until liability and damages against the uninsured driver are established by judgment or formal settlement. In practice, this means most disputed UIM claims end with the carrier as the named defendant.
Why Is Your Own Insurance Company on the Other Side?
A UM/UIM claim is brought under your own auto policy, but the carrier’s contractual obligation to pay arises only after the at-fault driver’s liability is established. Specifically, your carrier steps into the position of the uninsured driver and disputes the claim using the same defenses an at-fault driver’s carrier would raise: liability, causation, the value of damages, and prior medical conditions.
How Does the Brainard Rule Affect Your Claim?
The Texas Supreme Court’s decision in Brainard v. Trinity Universal Insurance Co. (2006) holds that a UIM carrier has no contractual duty to pay until the insured obtains a judgment against the at-fault driver or until liability and damages are established by formal settlement. The primary consequence is that disputed UM/UIM claims often require litigation before the carrier’s payment obligation activates, and pre-judgment interest does not begin running on the standard timeline.
The Difference Between UM, UIM, and PIP Coverage
UM coverage pays when the at-fault driver has no liability insurance. UIM coverage pays when the at-fault driver’s limits are not enough to cover the damages. Personal Injury Protection (PIP) is a separate first-party coverage that pays medical and wage losses regardless of fault, up to a stated limit. The Texas Department of Insurance publishes consumer information explaining each layer of coverage.
Texas’s 51% Bar and What It Means for Your Recovery
Texas follows a modified comparative fault rule under Texas Civ. Prac. & Rem. Code § 33.001. When a crash victim is 51 percent or more at fault, recovery is barred entirely. At 50 percent or less, the recovery is reduced by the victim’s percentage of fault. Carriers routinely argue partial fault in UM/UIM cases to reduce payouts, and countering those arguments requires documented evidence about the crash itself.
What Counts as Bad Faith in a UM/UIM Claim?
Texas carriers face statutory penalties under Texas Insurance Code Chapter 541 for unfair settlement practices, including misrepresenting policy terms, failing to attempt settlement when liability is clear, and unreasonably delaying claim payment. Bad faith claims run alongside the UM/UIM contract claim and can produce additional damages beyond policy limits.
What Compensation Is Available Through Your UM/UIM Coverage?
UM/UIM coverage pays the same categories of personal injury damages that a third-party liability claim would pay, up to your policy limits. The table below outlines each category and how it is documented in a Texas UM/UIM claim.
| Damage Type | What It Covers | How It Is Documented |
|---|---|---|
| Medical expenses | Emergency care, hospitalization, surgery, rehabilitation | Medical bills, provider records, imaging reports |
| Future medical costs | Ongoing treatment, future surgeries, long-term therapy | Life care plans, specialist projections |
| Lost income | Wages lost during recovery and reduced future earning capacity | Pay stubs, employer records, vocational assessments |
| Property damage | Vehicle repair or replacement, where UM property damage applies | Repair estimates, replacement valuations |
| Pain and suffering | Physical injuries and ongoing daily limitations | Medical records, personal journals, provider testimony |
| Mental anguish | Anxiety, PTSD, and depression following the crash | Psychological evaluations, treatment records |
| Loss of consortium | Loss of companionship and relationship for spouse or dependents | Family testimony, relationship documentation |
| Bad faith damages | Statutory penalties for unfair carrier conduct | Claim file records, correspondence, denial documentation |
The policy limits cap the carrier’s payment obligation on the underlying claim, but bad faith damages under the Texas Insurance Code can exceed those limits when the carrier’s conduct warrants statutory penalties.
What Are the Steps in a Texas UM/UIM Claim?
A UM/UIM claim in Texas follows a specific sequence. You must establish liability and damages against the at-fault driver, exhaust the at-fault driver’s available policy limits for UIM claims, and then trigger your carrier’s UM/UIM coverage. Each step has procedural traps that can defeat the claim if missed.
Step 1: Establishing Liability Against the At-Fault Driver
Under Brainard, your UM/UIM carrier has no obligation to pay until liability and damages against the at-fault driver have been established. This typically requires either obtaining a judgment against the at-fault driver or reaching a formal settlement with court approval. In contrast to a standard liability claim, the at-fault driver is often uninsured or judgment-proof, which means the lawsuit produces a paper judgment used to trigger the UM/UIM carrier’s obligation.
Step 2: Exhausting the At-Fault Driver’s Available Coverage
For UIM claims specifically, the at-fault driver’s policy limits must be tendered before UIM coverage activates. The primary reason is that UIM is by definition a second layer that pays the gap between the at-fault driver’s coverage and the actual damages. Premature negotiation with the UIM carrier without first exhausting the underlying coverage routinely undercuts the eventual recovery.
Step 3: Triggering Your Carrier’s UM/UIM Obligation
Your carrier requires formal notice of the claim, typically accompanied by a demand for policy limits or a stated amount. Failing to provide timely notice can void coverage entirely under specific policy provisions. Texas Insurance Code Chapter 542 sets statutory deadlines for the carrier’s response, and missed deadlines trigger penalties that strengthen the position of the insured.
Step 4: What Happens When Your Carrier Disputes the Claim?
When the carrier disputes liability, damages, or both, the only path forward is litigation. The carrier becomes the named defendant, and the case proceeds as a contract action wrapped around the underlying personal injury facts. Jury instructions, evidentiary rulings, and trial preparation in UM/UIM cases follow Texas’s specific procedural rules for first-party insurance disputes.
A free consultation costs nothing and commits you to nothing. Call (800) 488-7840 to speak with our team today.
FAQ for Austin Uninsured Motorist Accident Lawyer
How long do I have to file a UM/UIM claim in Texas?
Texas sets a two-year statute of limitations for personal injury claims under Texas Civ. Prac. & Rem. Code § 16.003, and the underlying tort claim against the at-fault driver must be filed within that window. The contract claim against your own UM/UIM carrier carries a longer four-year limit, but the two-year tort window practically controls because liability against the at-fault driver must be established first.
What if my insurance company refuses to pay?
A refusal to pay UM/UIM benefits when liability and damages are established is a breach of contract that can be litigated against the carrier directly. When the refusal involves misrepresentation, unreasonable delay, or failure to attempt settlement, Texas Insurance Code Chapters 541 and 542 provide statutory penalties beyond the policy limits.
What counts as “underinsured” under Texas law?
A driver is underinsured when their liability limits are less than the total damages caused by the crash. Specifically, if your damages exceed the at-fault driver’s available coverage, the difference is the underinsured portion that UIM coverage may pay up to your policy limits. The calculation depends on actual documented damages, not on estimates or projections at the time of the crash.
What if my UM/UIM carrier offers a quick settlement?
Early offers from a UM/UIM carrier typically come before future medical costs are projected and before non-economic damages have fully developed. An accepted offer permanently closes the claim and releases the carrier from further obligation. Every offer should be evaluated against a complete damages calculation before any response is provided.
Your Own Insurance Company Is the Other Side Now
A UM/UIM claim in Austin is a contract dispute filed against your own carrier and treated like the litigation it actually is. The carrier’s adjusters work for the company, not for you, and their goal in every disputed claim is to pay the least amount allowed under the policy.
Based on the UM/UIM cases we’ve handled across Travis County and the I-35 corridor, the claims that end in fair recovery are the ones built from the first call with litigation in view. Carriers settle differently when the firm across the table is prepared to file suit.
There is no upfront cost and no fee unless we recover compensation on your behalf. Contact the injury attorneys at Slingshot Law or reach out online to talk with our Austin team. Call us at (800) 488-7840.