If you were injured in a car accident caused by a driver without enough insurance, you’re probably wondering one thing: Who is going to pay for your medical bills and other losses?
Underinsured motorist accidents often involve multiple insurance policies, confusing rules, and strict deadlines. One misstep—like settling too early—can reduce or eliminate your compensation.
Here’s what you need to know.
Step 1: The At-Fault Driver’s Insurance Pays First
Every car accident claim starts with the at-fault driver’s liability insurance. This coverage is meant to pay for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Why This Coverage Often Falls Short
Many drivers carry only the minimum insurance required by law, which is rarely enough to cover serious injuries. A driver is considered underinsured when their policy limits are too low to fully compensate you.
Once that policy’s limits are paid, additional coverage may be available.
Step 2: Other Insurance May Help Cover the Gap
After the at-fault driver’s insurance is exhausted, other sources may apply, including:
- Underinsured motorist (UIM) coverage
- MedPay or PIP
- Health insurance
- Workers’ compensation (if the crash happened on the job)
Each type of coverage has different rules about priority, reimbursement, and deadlines.
What Is Underinsured Motorist (UIM) Coverage?
UIM coverage is part of your own auto insurance policy. It helps pay for your losses when:
- Another driver caused the crash, and
- Their insurance does not fully cover your damages
UIM coverage exists to protect you, not the at-fault driver.
How Much UIM Compensation Can You Receive?
Your UIM recovery depends on:
- Your policy limits
- The at-fault driver’s insurance limits
- State law and policy language
Some policies reduce UIM benefits by what the other insurer paid. Others allow coverage on top of that amount. The difference can mean tens of thousands of dollars.
Important Warning: Don’t Settle Without Approval
Most UIM policies require written consent before you settle with the at-fault driver’s insurance company.
If you settle without permission, your UIM carrier may deny your claim entirely—even if your injuries are serious.
How Are Medical Bills Paid While the Case Is Pending?
Medical bills don’t stop just because a claim is ongoing. Depending on your situation, payment may come from:
- MedPay or PIP coverage
- Health insurance
- Medical liens from providers
Many of these costs can be negotiated or reduced once your case resolves.
If You Were Working at the Time of the Accident
If the crash happened during work duties:
- Workers’ compensation may cover medical care and lost income
- You may still have a claim against the at-fault driver and UIM coverage
These cases involve additional legal rules and should be handled carefully.
Why Legal Guidance Matters in Underinsured Driver Cases
Insurance companies protect their bottom line. A car accident attorney can help by:
- Identifying all available insurance coverage
- Preserving your UIM rights
- Handling insurer negotiations
- Reducing liens and maximizing recovery
In underinsured driver cases, legal strategy often determines who pays—and how much.
Talk to an El Paso Underinsured Motorist Accident Lawyer
If you were injured by an underinsured driver in El Paso, Harmonson Law Firm is here to help.
We focus on protecting injured people—not insurance companies—and work to secure the compensation you need to move forward.
Contact us today for a free consultation to discuss your options and protect your claim: (915) 233-6427.