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Step-by-Step Process of How to File an Underinsured Motorist Claim

Injured in an Accident? You May Have More Coverage Than You Think

When you’re hurt in a car accident or on someone else’s property, most people assume there’s only one way to recover compensation—through the at-fault party’s insurance. But the truth is, there may be multiple avenues to get the financial recovery you deserve.

Understanding these options can make a huge difference in how much compensation you ultimately receive.


Liability vs. Underinsured Motorist Coverage: What’s the Difference?

In most personal injury claims, two types of insurance may come into play:

1. Liability Insurance (Third-Party Coverage)
This is the insurance carried by the person who caused the accident. It’s typically the first source of recovery and is meant to cover your injuries, medical bills, and other damages.

2. Underinsured/Uninsured Motorist Coverage (First-Party Coverage)
This is your own insurance—and it can step in when the at-fault driver doesn’t have enough coverage to fully compensate you.


A Real-World Scenario: When Insurance Falls Short

Let’s break it down with a simple example:

Jack is driving when Jill rear-ends him. The impact is serious—Jack is rushed to the hospital, treated in the ER, and later requires care from an orthopedic specialist. By the end of his treatment, his medical bills total $35,750.

Jack files a claim with Jill’s insurance. After reviewing the case, they offer “policy limits”—the maximum amount Jill’s policy will pay.

In Texas, that minimum is typically:

  • $30,000 per person
  • $60,000 per accident

So Jack receives $30,000—but he’s still left with thousands in unpaid medical bills.


This Is Where Your Own Policy Can Save You

Fortunately, Jack had Underinsured Motorist (UIM) Coverage on his own policy.

This type of coverage is designed specifically for situations like this—when the at-fault driver’s insurance simply isn’t enough.

Because Jill’s policy didn’t fully cover Jack’s damages, Jack can turn to his own insurance to help bridge the gap and recover the remaining costs.


Don’t Miss These Critical Steps

Filing an Underinsured Motorist claim isn’t automatic—it requires careful handling. Missing a step could jeopardize your ability to recover.

Here’s what needs to happen:

✔️ Obtain a “Consent to Settle” from your UIM insurance carrier
✔️ Request the Declarations Page from the at-fault driver’s insurance (this shows their policy limits)
✔️ Send both the release and declarations page to your insurance company
✔️ Sign the release from the liability insurer
✔️ Provide all medical records and bills to support your claim


🧠 The Bottom Line

Just because the other driver’s insurance offers a payout doesn’t mean your case is fully resolved. If your damages exceed their policy limits, you may still have options—and they could be sitting in your own insurance policy.

Knowing how to navigate these layers of coverage can be the difference between settling for less and getting the full compensation you truly need to recover.

CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:

Our Texas personal injury lawyers help clients who have suffered injuries in various accidents.

We can help you if you have been harmed by the following:

  • Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
  • Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
  • Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
  • Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
  • Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
  • Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
  • Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
motorcycle accident lawyers

ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please get in touch with us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm that holds negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideDallasBrownsvilleMcAllenSan AntonioAustinHouston, and Ft. Worth, TX.

We remain by our client’s side, handling all aspects of their claims and attending to all legal, medical, and financial needs. That dedication combines experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients suffer from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation, and their overall need for a lawyer.

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