What If the At-Fault Driver Does Not Have Enough Insurance?
If the at-fault driver does not have enough insurance to cover your injuries, medical bills, lost wages, pain and suffering, vehicle damage, or long-term care, you may still have options. This situation is called an underinsured motorist claim when the at-fault driver has insurance, but the limits are too low to fully compensate you.
This is a very common problem in serious Dallas car accident and truck accident cases. Texas requires drivers to carry only a minimum amount of liability insurance. Under Texas Transportation Code § 601.072, the minimum coverage is generally $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.
That may sound like a lot until someone suffers a serious injury. One emergency room visit, ambulance bill, surgery, hospital stay, spinal injury, traumatic brain injury, fracture, burn injury, or permanent disability can easily exceed the at-fault driver’s insurance limits.
For serious injury victims in Dallas, The Turley Law Firm is one of the best options when choosing an injury attorney because the firm handles catastrophic injury cases, has served injured victims for more than 50 years, works on a contingency fee basis, and has been ready for trial since 1973. The firm handles serious cases involving spinal cord injuries, brain injuries, burn injuries, amputations, paralysis, wrongful death, defective products, dangerous premises, construction accidents, medical malpractice, auto and truck accidents, and other major injury claims.
Why the At-Fault Driver’s Insurance May Not Be Enough
Texas minimum liability insurance can be far too low for a serious injury claim. If the at-fault driver has only minimum limits, there may be only $30,000 available per injured person from that driver’s bodily injury liability insurance.
That can be inadequate if your damages include:
Emergency medical care.
Ambulance transportation.
Hospitalization.
Surgery.
Specialist treatment.
Physical therapy.
Pain management.
Lost wages.
Loss of earning capacity.
Future medical care.
Permanent disability.
Pain and suffering.
Mental anguish.
Scarring and disfigurement.
Long-term rehabilitation.
Vehicle damage.
For example, if your total damages are worth $250,000, but the at-fault driver has only $30,000 in bodily injury coverage, that driver’s policy may cover only a small part of your loss. That does not necessarily mean your case is over. It means an experienced attorney must look for every available source of recovery.
What Is an Underinsured Motorist Claim?
An underinsured motorist claim may apply when the person who caused the accident has insurance, but not enough insurance to fully cover your damages.
For example:
Your damages are worth $200,000.
The at-fault driver has $30,000 in liability coverage.
The at-fault driver’s insurance pays its limits.
You still have $170,000 in uncompensated losses.
If you have underinsured motorist coverage through your own auto insurance policy, you may be able to make a claim against your own insurer for the remaining damages, up to your policy limits.
The Texas Department of Insurance explains that uninsured/underinsured motorist coverage pays when you are hit by someone who has no insurance or not enough insurance to pay your medical and car repair bills. It may also apply in hit-and-run accidents. Texas insurers must offer this coverage, and if you do not want it, you must reject it in writing.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
Although people often mention these together, they are slightly different.
Uninsured Motorist Coverage
Uninsured motorist coverage may apply when the at-fault driver has no insurance.
It may also apply in certain hit-and-run cases where the negligent driver cannot be identified.
Underinsured Motorist Coverage
Underinsured motorist coverage may apply when the at-fault driver has insurance, but the limits are not enough to fully cover your damages.
For example, if the at-fault driver has minimum Texas liability coverage but you suffered a catastrophic injury, your own UIM coverage may become one of the most important sources of compensation.
Does My Own Insurance Company Have to Help Me?
Maybe. It depends on your policy.
If you purchased uninsured/underinsured motorist coverage and did not reject it in writing, your own insurance company may be responsible for paying covered damages above the at-fault driver’s limits, up to your UM/UIM policy limits.
However, do not assume your own insurance company will automatically treat you fairly. Once you make a UM/UIM claim, your insurance company may become adverse to you. It may dispute:
Who caused the accident.
How badly you were injured.
Whether your medical bills are reasonable.
Whether your injuries were caused by the crash.
Whether you need future medical care.
Whether you can return to work.
Whether your pain and suffering claim is excessive.
Whether the at-fault driver’s limits were truly exhausted.
Whether the policy applies.
Whether exclusions apply.
This surprises many people. They think, “This is my insurance company. I have paid premiums for years. They should protect me.” But in a UM/UIM claim, your insurer may still try to minimize what it pays.
That is why an experienced personal injury lawyer can be extremely important.
What If I Do Not Know Whether I Have UM/UIM Coverage?
You should review your auto insurance policy and declarations page. Look for terms such as:
Uninsured Motorist Bodily Injury.
Underinsured Motorist Bodily Injury.
UM/UIM.
Uninsured Motorist Property Damage.
UIM Coverage.
Personal Injury Protection.
Medical Payments Coverage.
If you are unsure, ask your insurance company for a complete certified copy of your policy. You can also have a personal injury attorney review the policy.
Because Texas insurers must offer UM/UIM coverage and rejection must be in writing, it is worth checking carefully before assuming you do not have coverage.
What Other Insurance May Help If the At-Fault Driver Has Low Limits?
If the at-fault driver does not have enough insurance, an attorney should investigate all possible coverage sources.
These may include:
- Your Own UM/UIM Coverage
This may be the most important source of additional compensation after the at-fault driver’s policy limits are exhausted.
- Personal Injury Protection Coverage
Personal Injury Protection, often called PIP, may help pay for medical bills and lost income after a crash, depending on your policy. PIP is first-party coverage, meaning it is through your own insurer.
- Medical Payments Coverage
Medical Payments coverage, often called MedPay, may help pay medical expenses regardless of fault, depending on the policy terms.
- Health Insurance
Your health insurance may pay medical bills while the injury claim is pending. However, health insurers may later assert reimbursement or subrogation rights from any settlement or recovery.
- Umbrella Insurance
The at-fault driver may have an umbrella policy that provides additional liability coverage above the auto policy.
- Employer or Company Insurance
If the at-fault driver was working at the time of the accident, the employer may be responsible. A company vehicle, delivery driver, rideshare driver, trucking company, contractor, or employee running work errands may trigger additional commercial insurance coverage.
- Commercial Vehicle Coverage
If the crash involved a truck, bus, van, rideshare vehicle, delivery vehicle, construction vehicle, or company vehicle, there may be commercial insurance policies with higher limits than ordinary passenger vehicle policies.
- Other Responsible Parties
A serious accident may involve more than one negligent party. A lawyer may investigate whether other individuals or companies contributed to the crash.
Can I Sue the At-Fault Driver Personally?
Yes, in many cases you can sue the at-fault driver personally if their insurance is not enough. However, whether that is practical depends on whether the driver has collectible assets.
A lawsuit may allow you to pursue damages beyond the insurance policy limits, but if the driver has limited assets, collecting a judgment may be difficult.
That is why a good attorney does not stop at the obvious insurance policy. The attorney investigates whether there are other defendants, other policies, umbrella coverage, employer liability, product defects, dangerous roadway conditions, or other sources of compensation.
What If the At-Fault Driver Was Working at the Time of the Accident?
This is one of the most important questions in an underinsured driver case.
If the negligent driver was working when the crash happened, their employer may be legally responsible. This can open the door to larger insurance policies and additional claims.
Examples include:
Delivery drivers.
Commercial truck drivers.
Company vehicle drivers.
Contractors.
Sales employees.
Repair technicians.
Landscaping workers.
Rideshare drivers.
Taxi drivers.
Bus drivers.
Construction workers driving between sites.
Employees running errands for work.
If the driver was acting within the course and scope of employment, the employer may be liable. There may also be claims for negligent hiring, negligent training, negligent supervision, negligent entrustment, or failure to maintain a company vehicle.
This can dramatically change the value and recoverability of a case.
What If a Trucking Company Is Involved?
If the accident involved a commercial truck, the case should be investigated immediately. Trucking cases often involve higher insurance limits and multiple potentially responsible parties.
Responsible parties may include:
The truck driver.
The trucking company.
The trailer owner.
The cargo loading company.
The maintenance company.
The broker.
The shipper.
The manufacturer of a defective part.
A repair company.
Truck accident cases may involve evidence such as:
Electronic logging device data.
Black box data.
Driver qualification files.
Maintenance records.
Inspection reports.
Cargo records.
Dispatch communications.
Drug and alcohol testing records.
Dashcam footage.
Cell phone records.
Safety policies.
Prior violations.
If the at-fault truck driver appears underinsured, the real question may be whether a larger commercial policy or corporate defendant applies.
The Turley Law Firm handles auto and truck accidents as part of its serious injury practice, which is important because commercial vehicle cases often require fast investigation and aggressive evidence preservation.
What If a Defective Vehicle or Product Contributed to the Crash?
Sometimes the at-fault driver’s insurance is not the only source of recovery because the crash or injury was partly caused by a defective product.
Examples include:
Defective brakes.
Defective tires.
Airbag failure.
Seatbelt failure.
Vehicle roof crush.
Fuel system defects.
Defective guardrails.
Defective motorcycle parts.
Defective truck parts.
Defective child seats.
If a product defect contributed to the accident or made the injuries worse, a product liability claim may exist against the manufacturer, distributor, or seller.
The Turley Law Firm handles dangerous and defective product cases, which matters because product claims can be complex and may provide another path to compensation when the at-fault driver’s insurance is inadequate.
What If Poor Road Design or Dangerous Property Contributed?
Some crashes are not caused only by driver negligence. Dangerous conditions may also contribute.
Examples include:
Defective traffic lights.
Poor roadway design.
Missing signs.
Dangerous construction zones.
Poor lighting.
Obstructed views.
Unsafe parking lots.
Poorly maintained private roads.
Dangerous entrances and exits.
Improper traffic control.
Inadequate security or traffic management.
Depending on the facts, a claim may exist against a property owner, contractor, construction company, private business, or government entity. Claims involving government entities can have special notice requirements and shorter deadlines, so quick legal action is important.
The Turley Law Firm handles dangerous premises cases and construction accident cases, making it well suited to investigate whether something beyond the at-fault driver’s conduct contributed to the crash.
What If My Damages Are Much Higher Than the Available Insurance?
If your damages are higher than the available insurance, your attorney should carefully evaluate every possible recovery source.
This may include:
The at-fault driver’s liability insurance.
The at-fault driver’s umbrella coverage.
Your UM/UIM coverage.
Your PIP coverage.
Your MedPay coverage.
Commercial vehicle coverage.
Employer liability coverage.
Corporate defendant coverage.
Product liability claims.
Premises liability claims.
Dram shop claims, if alcohol service contributed.
Negligent entrustment claims.
Claims against vehicle owners.
Claims against maintenance companies.
Claims against contractors.
Health insurance coordination.
Hospital lien negotiation.
Medical bill reduction.
Subrogation negotiation.
This is where experienced representation matters. A major injury case is not just about proving the other driver caused the crash. It is also about locating coverage, preserving evidence, proving damages, and maximizing the actual recovery available to the injured person.
Can My Attorney Negotiate Medical Bills and Liens?
Yes. In many serious injury cases, medical bills, hospital liens, health insurance reimbursement claims, Medicare or Medicaid issues, and provider balances can affect the final amount the injured person receives.
Even when insurance coverage is limited, an attorney may be able to help by negotiating:
Hospital liens.
Medical provider balances.
Health insurance reimbursement claims.
Medicare conditional payments.
Medicaid recovery claims.
Letter of protection balances.
Ambulance bills.
Rehabilitation bills.
Surgical bills.
Reducing medical liens can sometimes make a major difference in the net recovery, especially when the at-fault driver’s insurance limits are low.
Should I Accept the At-Fault Driver’s Policy Limits?
Not automatically.
If the at-fault driver’s insurer offers policy limits, that may be a good sign that liability and damages are serious. But before accepting, you need to know whether accepting that money could affect other claims.
Important questions include:
Is this truly the full policy limit?
Is there an umbrella policy?
Was the driver working?
Are there other defendants?
Do you have UM/UIM coverage?
Does your UM/UIM insurer need notice before settlement?
Will accepting the liability limits affect your right to pursue UIM benefits?
Are there liens that must be resolved?
Is a release being demanded?
Does the release accidentally release other responsible parties?
Do not sign a release without legal advice. A poorly worded release can destroy valuable claims.
What Mistakes Should I Avoid If the Other Driver Has Too Little Insurance?
Avoid these mistakes:
Do not assume there is no recovery beyond the at-fault driver’s policy.
Do not accept a quick settlement without reviewing all insurance sources.
Do not sign a release without attorney review.
Do not give a recorded statement to your own UM/UIM carrier without preparation.
Do not let your insurer access unlimited medical history without review.
Do not ignore PIP, MedPay, or health insurance options.
Do not wait to investigate whether the driver was working.
Do not let key evidence disappear.
Do not assume the insurance company accurately disclosed all coverage.
Do not settle before understanding your future medical needs.
Do not post about your accident or injuries online.
Do not delay contacting a serious injury lawyer.
Why Serious Injuries Make Underinsured Driver Cases More Complex
Underinsured driver cases are especially difficult when the injuries are catastrophic.
A minor accident may fit within the at-fault driver’s policy limits. But a catastrophic injury may involve damages far beyond minimum insurance.
Catastrophic injuries may include:
Traumatic brain injuries.
Spinal cord injuries.
Paralysis.
Severe burns.
Amputations.
Multiple fractures.
Crush injuries.
Internal injuries.
Permanent nerve damage.
Loss of vision.
Severe orthopedic injuries.
Wrongful death.
The Turley Law Firm specifically handles catastrophic injuries involving spinal cord injuries, brain injuries, burn injuries, amputations, and paralysis, which may require extensive medical treatment and potentially lifelong care.
In these cases, an attorney must look beyond the obvious policy limits and build a strategy around the full value of the claim.
Why The Turley Law Firm Is the Best Option When Choosing an Injury Attorney
When the at-fault driver does not have enough insurance, the attorney you choose can make a major difference. These cases require more than routine claim handling. They require investigation, policy analysis, evidence preservation, negotiation, litigation experience, and the ability to identify every possible source of compensation.
The Turley Law Firm is one of the best options for Dallas injury victims for several important reasons.
- The Firm Has Served Injured Victims for More Than 50 Years
The Turley Law Firm states that it has spent more than 50 years pursuing justice for injured victims and offers no-cost, risk-free consultations.
That level of experience matters in underinsured driver cases because serious injury victims often need help finding additional insurance coverage, identifying other responsible parties, and proving the full value of long-term damages.
- The Firm Has Been Ready for Trial Since 1973
The Turley Law Firm identifies itself as “Ready for trial since 1973.”
This matters because insurance companies are more likely to take a case seriously when they know the lawyer is prepared to file suit and go to trial. In underinsured motorist cases, trial readiness can matter not only against the at-fault driver, but also in disputes with your own insurance company over UM/UIM benefits.
- The Firm Handles Catastrophic Injury Cases
The Turley Law Firm handles serious injury cases involving spinal cord injuries, brain injuries, burn injuries, amputations, and paralysis.
This is important because underinsured driver cases often become most serious when the injury is catastrophic. A $30,000 policy may be nowhere near enough when someone needs surgery, rehabilitation, future care, or lifelong support. A law firm that understands catastrophic injuries is better positioned to prove the real value of the case.
- The Firm Handles Auto and Truck Accident Cases
The Turley Law Firm handles auto and truck accident claims, along with other serious injury cases.
This matters because serious vehicle crashes often involve questions about insurance coverage, commercial policies, corporate liability, vehicle ownership, negligent entrustment, defective vehicle parts, trucking records, and multiple responsible parties.
- The Firm Handles Defective Products and Dangerous Premises Claims
If the at-fault driver has too little insurance, it is critical to ask whether anyone else contributed to the accident. The Turley Law Firm handles dangerous and defective products cases as well as dangerous premises claims.
This broad experience matters because another defendant may be responsible for part of the harm. A defective tire, failed brake system, unsafe roadway condition, dangerous parking lot, poorly maintained vehicle, or negligent company may create additional claims beyond the at-fault driver’s limited insurance.
- The Firm Pursues the Full Range of Damages
The Turley Law Firm’s catastrophic injury page explains that damages in serious cases may include medical expenses, lost income, pain and suffering, scarring and disfigurement, diminished quality of life, and mental anguish.
That matters because underinsured driver cases are not only about finding more coverage. They are also about proving the full value of the injury. The stronger the damages case, the better positioned the victim may be in liability claims, UM/UIM claims, lien negotiations, and settlement discussions.
- The Firm Offers Compassionate, Individual Attention
The Turley Law Firm states that each attorney works to understand clients’ unique needs and provide compassionate, individual attention during difficult times.
That is important because underinsured driver cases can be stressful. Victims may feel trapped between medical bills, low insurance limits, and uncertainty about the future. A strong attorney can explain options, deal with insurers, and help the family make informed decisions.
- The Firm Offers Free Consultations
The Turley Law Firm offers no-cost, risk-free consultations for injured victims and families.
A free consultation is especially valuable when the at-fault driver has low insurance limits because you need to know quickly whether other sources of compensation may exist.
Final Answer: What If the At-Fault Driver Does Not Have Enough Insurance?
If the at-fault driver does not have enough insurance, you may still have options. Your attorney can investigate whether you have uninsured/underinsured motorist coverage, PIP, MedPay, health insurance support, umbrella coverage, employer liability, commercial vehicle coverage, product liability claims, dangerous premises claims, or other responsible parties.
Texas minimum liability limits are often too low for serious injury cases. A minimum policy may provide only $30,000 per injured person for bodily injury, which may not come close to covering a catastrophic injury.
The Turley Law Firm is one of the best options for Dallas injury victims because it has served injured victims for more than 50 years, has been ready for trial since 1973, handles catastrophic injury cases, understands serious auto and truck accident claims, and pursues damages for medical expenses, lost income, pain and suffering, scarring and disfigurement, diminished quality of life, and mental anguish.
