A large share of drivers on El Paso roads carry no liability insurance at all, and many more carry only the Texas minimum of $30,000 per person, which a single emergency room visit and MRI can exhaust. Add hit-and-run crashes on I-10, Loop 375 and the neighborhoods along Alameda, and it is common for an injured El Pasoan to discover there is no one to collect from. An uninsured or underinsured motorist claim is for exactly that situation: your own auto policy's UM/UIM coverage pays the damages the at-fault driver cannot. Navar Law handles these claims for drivers, passengers, pedestrians and cyclists, and for families after a fatal crash.
Texas Insurance Code section 1952.101 requires every auto insurer to offer uninsured and underinsured motorist coverage, and you have it unless you rejected it in writing — many people do not remember doing so. UM/UIM covers bodily injury and property damage caused by a driver with no insurance, too little insurance, or a hit-and-run driver, and it follows you as a passenger or pedestrian. Personal injury protection (PIP), required to be offered under section 1952.152, pays medical bills and lost wages regardless of fault. Under Texas case law you must first establish the other driver's fault and your damages, and the Chapter 33 comparative-fault rules and the two-year limitations period in Civil Practice and Remedies Code section 16.003 still shape the claim.
The hard truth about UM/UIM claims is that your own insurer becomes your opponent. It will scrutinize fault and injuries as aggressively as the other driver's carrier would, and it is not obligated to pay until fault and damages are proven. We document both, exhaust the at-fault driver's policy where one exists, handle the notice and consent-to-settle rules that can void coverage if missed, and present a demand under your policy. Most El Paso UM/UIM claims resolve this way with no lawsuit and no court appearance. If your insurer refuses a fair offer, we can file suit against it in El Paso County with your approval; Texas Insurance Code Chapter 542 and Chapter 541 add penalties for unreasonable delay or bad faith.
Mistakes that can void your UM/UIM coverage
Most Texas auto policies require you to report a hit-and-run to police promptly, notify your insurer of any potential UM/UIM claim, and obtain the insurer's written consent before settling with the at-fault driver's carrier. Signing the other insurer's release for policy limits without that consent can destroy your underinsured claim, because your insurer loses its right to recover from the at-fault driver. Adjusters rarely warn you about this. We sequence the claims properly so the liability settlement and the UIM demand work together.
How UM, UIM and PIP fit together after an El Paso crash
PIP is paid first and fast: it covers medical bills and 80 percent of lost income up to your limit, usually $2,500 or more, with no fault determination and no effect on your premium under Texas law. Uninsured motorist coverage applies when the at-fault driver has no policy or fled; underinsured coverage applies when their policy limits are less than your damages, paying the difference up to your UM/UIM limit. The Texas minimum UM/UIM limit tracks the 30/60/25 liability minimum, but many El Paso drivers carry more and do not know it.
We review the declarations page of every policy that might apply, including a resident relative's policy, which can cover you as a household member. Stacking these sources correctly is often the difference between a claim that covers your surgery and one that does not.
What's included
- Free consultation and written contingency agreement — nothing upfront
- Review of your policy and any household policies for UM/UIM and PIP coverage
- Verification of the at-fault driver's insurance status and policy limits
- Timely notice and consent-to-settle compliance to protect your coverage
- PIP claim filed for early medical and wage benefits
- Fault and damages documented and a demand presented under your policy
- Suit against your insurer in El Paso County, with Chapter 541/542 claims, if it refuses a fair offer
How it works
1. Coverage review
Bring your policy declarations page and the crash report. We confirm the other driver's insurance status, identify every UM/UIM and PIP source, and explain the contingency fee. Then we give the required notices to your insurer.
2. Prove fault and damages
We build the same evidence file a liability claim needs: police report, witnesses, photos and full medical documentation. If there is an at-fault policy, we collect its limits first with your insurer's consent.
3. Demand and resolution
We present a documented UM/UIM demand and negotiate. Most El Paso claims settle here. If your insurer stalls or lowballs, we discuss suit and bad-faith remedies and you decide how to proceed.