You can do everything right on a motorcycle and still be struck by a driver who has no insurance — or nowhere near enough. When that happens, the question becomes who pays for injuries that can run into six figures. Our Texas motorcycle accident attorneys at Carabin Shaw see this problem constantly, and the answer often comes down to a type of coverage many riders did not know they had.
Uninsured and underinsured motorist coverage, usually shortened to UM/UIM, is insurance you carry on your own policy that pays when the at-fault driver cannot. It is one of the most important protections a rider can own, and in Texas it is more relevant than most people realize.
A Bigger Problem Than You Think
A significant share of Texas drivers are on the road without insurance, despite the law requiring it. Many more carry only the state minimum liability limits, which are modest and easily exhausted by a serious motorcycle injury. When a rider suffers a traumatic brain injury or multiple surgeries, a minimum-limits policy runs dry almost immediately, leaving a mountain of bills and no one to pay them.
This is the gap UM/UIM coverage is built to fill. Without it, an injured rider struck by an uninsured or underinsured driver can be left absorbing costs that were entirely someone else’s fault.
How UM and UIM Coverage Work
The two halves of this coverage handle two different situations, and it helps to understand each. Together they form a safety net that follows you rather than the other driver:
- Uninsured motorist coverage pays when the at-fault driver has no insurance at all
- It also applies in many hit-and-run cases, where the driver who hit you flees
- Underinsured motorist coverage covers the shortfall when the at-fault driver’s limits are too low
- If your damages exceed their policy, UIM can make up the difference up to your own limits
- The coverage protects you on your motorcycle and often as a pedestrian or in another vehicle
Why Riders Especially Need It
Motorcycle injuries are, on average, more severe and more expensive than the injuries in a typical car crash. That means the at-fault driver’s insurance is far more likely to fall short of what a rider’s recovery actually costs. A driver carrying minimum limits might fully cover a fender-bender but come nowhere close to covering a rider’s spinal surgery and months of rehabilitation.
For that reason, UM/UIM coverage is not a luxury for riders — it is a core part of a responsible policy. If you are shopping for motorcycle insurance, buying as much of this coverage as you can afford is one of the smartest financial decisions you can make.
Texas Insurers Must Offer It
Texas law requires insurance companies to include UM/UIM coverage in your policy unless you reject it in writing. Many riders unknowingly waived it years ago to shave a few dollars off a premium and have no idea they are exposed. It is worth pulling out your policy today and confirming whether the coverage is there, before you ever need it.
If you do have it, the limits matter. Low UM/UIM limits leave the same gap as no coverage at all when the injuries are catastrophic, so review the numbers with the same care you would give your liability limits.
The Fight You Did Not Expect
Here is what surprises many riders: making a UM/UIM claim means dealing with your own insurance company, and it is not always the friendly experience you would hope for. Once you file, your insurer’s financial interest shifts, and they may dispute your injuries or the value of your claim just as an opposing insurer would. In effect, you can end up negotiating against the very company you have paid for years.
That adversarial turn catches people off guard, and it is one of the main reasons riders benefit from having an attorney handle a UM/UIM claim rather than going it alone.
Deadlines and Rules Specific to UM/UIM Claims
UM/UIM claims come with their own procedural traps that can quietly cost you the coverage. Many policies require you to notify your insurer of the accident promptly and to cooperate with their investigation, and a hit-and-run claim often has to be reported to police within a set time to qualify. Miss one of these built-in requirements and the company may deny an otherwise valid claim on a technicality.
There is also an order of operations that matters. In an underinsured motorist claim, you generally have to resolve the at-fault driver’s insurance first, and your own insurer usually must consent before you settle with that driver — settling without their sign-off can jeopardize your UIM rights. These rules are easy to stumble over if you are handling the claim yourself while recovering from an injury, and a single misstep can undo the coverage you paid years of premiums to keep.
Do Not Assume You Are Out of Options
If you were hit by an uninsured, underinsured, or hit-and-run driver, your case is not necessarily hopeless — there may be coverage on your own policy waiting to help. The attorneys at Shaw Cowart and Carabin Shaw review every available source of recovery, handle the UM/UIM claim, and push back when your own insurer tries to lowball you.
If you or a loved one was injured by an uninsured or underinsured driver anywhere in Texas, call Carabin Shaw at (210) 222-2288 for a free consultation. We will find the coverage that applies and fight for the full recovery you are owed. You pay nothing unless we win.
