Midland Uninsured Motorist Accident Lawyer

Injured by an uninsured driver in Midland, TX? Contact the top Midland uninsured motorist accident lawyer to seek justice and compensation.

Being hit by a driver with no insurance does not mean you are left without options. But it does mean the path to compensation is more complicated. In Midland, where oilfield workers, commercial haulers, and everyday commuters share roads like Loop 250 and Business 20, collisions with uninsured drivers happen with troubling frequency. When they do, victims are left dealing with hospital bills, lost income, and an insurance process that was never designed to make things easy for you. Recovering compensation after an uninsured motorist accident often means filing a claim against your own insurance policy, and carriers do not always handle those claims fairly. They may dispute the severity of your injuries, delay the process, or offer settlements that fall far short of your actual losses.

At Burgess Injury & Car Accident Lawyers, our motor vehicle accident attorneys specialize in cases involving victims injured by uninsured drivers and understand every angle of uninsured motorist claims in Texas. We review your policy, document your damages, and push back against insurance carriers who try to undervalue your claim. With nearly 30 years of trial experience and licenses across six states, we are prepared to take your case as far as necessary to pursue full and fair compensation.

Contact us to schedule a free case evaluation and discover how our uninsured motorist accident attorneys in Midland can help you seek the compensation and justice you deserve.

Who Pays After a Crash With an Uninsured Driver?

When the driver who hit you has no insurance, or not enough to cover your bills, your own policy steps in to fill the gap. Texas law requires every auto insurer to offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, and most drivers have it without realizing it.

UM coverage pays your medical bills, lost wages, and pain and suffering when the at-fault driver carries zero insurance or flees the scene. UIM coverage kicks in when the other driver has insurance, but their policy limits are too low to cover what you actually lost.

• UM Bodily Injury: Covers your injuries when the at-fault driver has no insurance at all.
• UIM Bodily Injury: Covers the gap between the at-fault driver’s limits and your actual damages.
• UM Property Damage: Pays to repair or replace your vehicle after a hit-and-run or uninsured crash.

How UM and UIM Coverage Work in Texas

To reject UM or UIM coverage in Texas, you must do so in writing. That means most drivers who never signed a rejection form have this protection on their policy right now.

Your coverage limits are listed on your declarations page, which is the one-page summary at the front of your insurance policy. Texas only requires other drivers to carry $30,000 per person in liability coverage, which rarely covers the full cost of a serious injury.

Finding and using every dollar of available coverage is one of the first things we do when you hire Burgess Injury & Car Accident Lawyers.

Steps That Protect Your UM or UIM Claim

What you do in the hours after a crash can strengthen or weaken your claim. Follow these steps to protect yourself.

Step 1: Call 911 and Get Medical Attention

Always get a police report, even if the crash seems minor. An official report documenting the other driver’s lack of insurance is critical evidence for a UM claim. See a doctor the same day, since delaying treatment gives insurers a reason to argue your injuries were not serious.

Step 2: Document the Scene

Photograph every angle of the vehicle damage, the road conditions, and any visible injuries before anything is moved. Get the name and phone number of any witnesses. Keep your damaged vehicle, clothing, and personal property until we have reviewed them.

Step 3: Report the Claim but Protect Your Words

Your policy requires prompt notice after a crash, often within days. However, do not give a recorded statement to any adjuster, including your own, before speaking with an attorney. Adjusters are trained to ask questions that can be used to reduce your payout.

Step 4: Call Burgess Injury & Car Accident Lawyers

We take over all communication with the insurance company so you are not pressured into saying something that hurts your case. We also move quickly to secure traffic camera footage and physical evidence before it disappears.

What Compensation a UM or UIM Claim Can Cover

A UM or UIM claim can cover the full range of losses you suffered because of the crash, not just your immediate medical bills.

• Medical Expenses: Emergency care, surgery, specialist visits, physical therapy, and future treatment costs.
• Lost Wages: Income you missed while recovering and reduced earning capacity if your injuries are permanent.
• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the crash and your injuries.
• Property Damage: Repair or replacement of your vehicle and personal belongings damaged in the crash.

We wait until you have reached maximum medical improvement before settling your claim, so future care costs are included in your recovery rather than left for you to pay out of pocket.

Do I Need a Lawyer for a UM or UIM Claim?

The moment you file a UM or UIM claim, your own insurance company becomes an opposing party. Their adjusters are focused on paying you as little as possible, and they have lawyers and claims software built to support that goal.

Burgess Injury & Car Accident Lawyers levels the playing field.

• We audit your full coverage. We search for stacked policies across multiple vehicles, resident relative coverage, and umbrella policies that can add significant value to your claim.
• We coordinate your medical care. We connect you with providers who will treat your injuries now and wait for payment until your case resolves.
• We negotiate hard and litigate when necessary. We build a complete case and push for full value. If the insurer refuses, we take them to court.

Who Else May Be Liable for Your Injuries

UM and UIM coverage is often just the starting point. We investigate every accident thoroughly to find all parties who may share responsibility, which can increase your total recovery significantly.

Depending on the facts of your crash, additional liable parties may include:

• The at-fault driver personally, if they own property or have wages that can be pursued.
• The vehicle owner, if they are a different person than the driver.
• The driver’s employer, if the crash happened while the driver was working.
• A bar or restaurant that over-served the driver under Texas dram shop law.
• A manufacturer, if a defective part on either vehicle contributed to the crash.

In one case we handled involving a collision on Business 20 near downtown Midland, the at-fault driver carried only the Texas minimum liability coverage of $30,000. Our client’s medical bills alone exceeded $90,000, with ongoing physical therapy still ahead. We identified a UIM policy on a second vehicle in the household that had never been used, stacked it against the primary coverage, and recovered an amount that actually reflected the full cost of the injuries.

How We Prove Hit-and-Run and Uninsured Driver Claims

Hit-and-run claims require independent evidence proving that an unknown vehicle caused your crash. Texas insurance policies typically will not pay a UM claim based solely on your word. We work quickly to find that proof.

Our investigation covers:

• Official crash reports and law enforcement findings.
• Traffic and business surveillance footage from the crash area.
• Witness statements gathered before memories fade.
• Physical evidence on your vehicle showing contact from another car.

When the insurance company disputes your injuries, we bring in medical experts and accident reconstruction specialists to document exactly what happened and what it cost you.

Texas Deadlines and Fault Rules That Affect Your Claim

In Texas, you have a limited time after a crash to file a personal injury lawsuit, so contact an attorney as soon as possible. Your insurance policy, however, may require you to report the accident within days. Missing either deadline can eliminate your right to compensation entirely.

Texas also follows a modified comparative fault rule. If you are found to be 51% or more responsible for the crash, you cannot recover anything. Insurance adjusters know this rule well and will look for any evidence to shift blame onto you, which is another reason having legal representation from the start matters.

What It Costs to Hire Burgess Injury & Car Accident Lawyers

There are no upfront fees and no hourly charges. Burgess Injury & Car Accident Lawyers works on a contingency fee basis, which means our fee is a percentage of what we recover for you. If we do not win your case, you owe us nothing.

Why Our Trial-First Approach Gets Results

Most high-volume law firms are built to settle cases fast, not to fight for maximum value. Insurance companies know which firms will push back and which ones will accept the first reasonable offer.

Clayton Burgess has nearly 30 years of trial experience and is licensed in Texas, Mississippi, Louisiana, Georgia, Tennessee, and North Carolina, as well as admitted to the United States Fifth Circuit Court of Appeals. Insurers know that hiring Burgess Injury & Car Accident Lawyers means the case may go to trial, which motivates them to negotiate more seriously.

One thing we see consistently in West Texas uninsured motorist cases is that adjusters present an early offer framed as the policy limit. In several Midland cases that initial offer was genuine, but the carrier had failed to account for stacked coverage available under the same household. A thorough policy audit before any settlement is accepted is one of the most important steps we take on every UM claim.

Result	Case Type
$3,250,000	Commercial vehicle vs. bicyclist
$1,958,150.83	Multi-occupant commercial rear-end collision
$1,850,000	Commercial vehicle injury
$750,000	18-wheeler interstate collision
$403,034.74	Trial judgment in commercial vehicle case

Past results do not guarantee future outcomes, but they reflect a firm that is prepared to go the distance for every client.

FAQs About Uninsured Motorist Claims in Texas

Do I Have UM or UIM Coverage if I Never Asked for It?

Texas law requires insurers to include UM and UIM coverage unless you rejected it in writing. Check your declarations page or send it to us and we will review it for free.

Will Filing a UM Claim Raise My Insurance Rates?

Texas law prohibits insurers from raising your rates for filing a UM or UIM claim when the accident was not your fault.

What Evidence Do I Need for a Hit-and-Run UM Claim in Texas?

Texas policies require independent corroborating evidence such as a witness, video footage, or physical contact marks on your vehicle before a UM claim will be paid.

Can I Settle With the At-Fault Driver Without Losing My UIM Benefits?

No. You must get written consent from your own insurance company before settling with the at-fault driver, or you risk forfeiting your UIM benefits entirely.

How Quickly Do I Need to Report a UM or UIM Claim?

Most Texas policies require prompt notice, sometimes within just a few days of the crash. We handle this notification on your behalf to make sure your claim is protected from the start.

What Does It Cost to Hire a Midland Uninsured Motorist Accident Lawyer?

Burgess Injury & Car Accident Lawyers charges no upfront fees. We work on contingency, meaning you pay nothing unless we win your case.

Contact Burgess Injury & Car Accident Lawyers

Burgess Injury & Car Accident Lawyers is available 24 hours a day, seven days a week to answer your questions and review your case at no cost. We handle the insurance fight from start to finish so you can focus on getting back to work, paying your bills, and taking care of your family.

Call (877) 908-9887 or contact us online to schedule your free consultation today.