MVA No Insurance
Q: My wife was severely injured when a young man ran into the rear of her car. The young man showed the police proof of insurance at the scene but now the Insurance Company is claiming the young man has no insurance coverage because his father did not list him on the insurance policy. Are we just out of luck?
A: Depends. Insurance companies have started trying to use this type of exclusion recently. Such an exclusion probably violates Texas State law and the common law that states a driver is covered by insurance if they got permission from the owner, who had insurance that covers the car.
However, you need to check to see if you purchased Personal Injury Protection (PIP) insurance and/or Underinsured (UIM) insurance on your car’s policy. (PIP) Coverage is no fault insurance and will pay your medical bills plus 80 percent of lost income. You can only buy it in limits of $2500.00, $5000.00 or $10,000.00.
You may also have purchased Uninsured/Underinsured Motorist (UM/UIM) Coverage. In your case since you were hit by someone that appears to have no insurance coverage your damages will be covered if you purchased Uninsured coverage. Uninsured coverage is there to pay for your damages in the event the person who hit you has no insurance. You can buy much higher insurance limits under (UM/UIM) Coverage than you can for (PIP).
I have written a free Book entitled A SIMPLE GUIDE TO UNDERSTANDING AUTOMOBILE INSURANCE IN TEXAS that explains all the different types of insurance coverage available and what I recommend everyone carry.
If you have any questions or would like one of my free books entitled A SIMPLE GUIDE TO UNDERSTANDING AUTOMOBILE INSURANCE IN TEXAS or a free ACCIDENT INFORMATION CARD please feel free to e-mail my office at firstname.lastname@example.org or email@example.com. You can also call me at 817/335-9700.
The Law Offices of Kerry H. Collins & Associates, P.C.
1301 Ballinger Street
Fort Worth, Texas 76102
(877) 988-1603 Toll free
*Kerry H. Collins is Board Certified in Personal Injury
Trial Law by the Texas Board of Legal Specialization