The Short Answer Is Yes, You Can Sue Your Own Insurance Company
If you have Uninsured or Underinsured Motorist coverage on your policy, then your own insurance company will step in and be responsible for covering your damages and injuries. This means you will need to pursue a claim against your own insurance company, and potentially file a lawsuit against them, in order to recover for your damages. Suing your own insurance company happens in a couple of instances. One is where a driver who does not have insurance hits you. According to the Texas Department of Motor Vehicles, 1 in 5 drivers or 20% don’t have liability insurance on their car. If an uninsured driver hits you, your only option to recover is to sue your own insurance company for uninsured motorist coverage. This also applies if you are involved in a hit-and-run wreck and cannot find the other driver. Since uninsured/underinsured coverage is an elective insurance that you must purchase, I highly encourage everyone to go check their policies to make sure they have a good amount of this.
The other situation in which you would sue your own insurance company is if a driver that does not have enough insurance limits to cover your injuries hits you. The minimum amount of liability insurance required by the State of Texas is $30,000. If you get hit by a drunk driver and now have a traumatic brain injury, a $30,000 insurance policy is not sufficient to cover your losses. So, you would need to sue your insurance company for protection under your underinsured motorist coverage. Again, this is elective and I highly recommend purchasing it if you haven’t already.
Let me give you an example: I recently handled a case where a truck tried to cross 6 lanes of traffic on a crowded day and pulled in front of my client. My client was on a motorcycle. A crash resulted and my client had an above the knee amputation on one of his legs. He also broke most of his ribs and punctured his lungs. The other driver only had a $30,000 insurance policy. Unfortunately, my client did not have any underinsured insurance coverage. Thus, the total settlement I could obtain for him was only $30,000.We buy insurance to protect us in a time of need. Make sure you have the insurance you need to protect you against others that don’t purchase adequate insurance. If you don’t know what you have or what I am explaining here, please reach out to us. We are here to help inform you about your rights.