San Antonio Uninsured Motorist Accidents

San Antonio, Texas Personal Injury Lawyer Michael Grossman Discusses Uninsured & Under-Insured Motorist Accidents

If you have been involved in a car accident that was caused by another person, you are likely attempting to receive compensation through the other party’s insurance claim.

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But if it turns out that the other driver has no insurance (or not very much), you may be left wondering how you can receive compensation. Texas law requires that all motorists have basic liability coverage to protect other party’s if that motorist causes an accident. But the minimum required amount of insurance is often not nearly enough to cover the actual expenses of a car accident (medical bills, time spent away from work, pain and suffering, property damage, etc.). Motorists without enough insurance are called underinsured motorists (UIM). Motorists without any insurance, of course, are called uninsured motorists (UM).

Insurance companies are required by law to offer additional coverage that covers your expenses if you are in an accident with an uninsured or underinsured motorist. This insurance covers two types of damages:

  • Bodily injury: covers your medical expenses due to any injuries, any pain and suffering or disfigurement you have had to endure, and also income lost due to time spent away from work recovering from your injuries. If you are forced to quit your job due to serious injury, receiving adequate compensation becomes much more difficult. There is no deductible associated with bodily injury coverage.
  • Property damage coverage: this covers damage to your vehicle or any of your property that was in your vehicle and damaged in the accident. It also provides you with money to get a rental car while your vehicle is in the shop being repaired. This coverage comes with a $250 deductible.

But even in cases where you do not have UIM or UM coverage and you are in an accident with an uninsured or underinsured motorist, there may be ways to recover the compensation you need. Contact experienced San Antonio auto accident lawyer Michael Grossman and let us help you seek the compensation you need.


Some of Our Most Recent Successful Cases
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman's life soon thereafter.

The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.

Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant, and is currently ongoing.
Total Recovery:
$250,000.00
Attorney Fees:
$78,000.00
Litigation Expenses:
$370.00
$71,197.00 Recovery - Automobile Accident (Soft-Tissue Neck Injury)
(policy limits + UIM claim) Recovery for client who sustained soft tissue injuries to neck which required steroid injections and chiropractic treatment.
Total Recovery:
$71,197.00
Attorney Fees:
$23,852.00
Litigation Expenses:
$125.00
$125,055.00 Recovery - Automobile Accident (Back Injury Requiring Surgery)
Recovery for client who suffered a back injury resulting in surgery in a car accident.
Total Recovery:
$125,055.00
Attorney Fees:
$41,684.00
Litigation Expenses:
$435.00
$1,150,000.00 Recovery - Automobile Accident (Brain Injury)
(policy limits) Recovery for a child who suffered an in utero brain injury as a result of a rollover car accident.
Total Recovery:
$1,150,000.00
Attorney Fees:
$379,500.00
Litigation Expenses:
$20,000.00
$210,000.00 Recovery - Automobile Accident (Neck Injury Requiring Surgery)
Our client was injured in a motor vehicle accident when an employer driving a company vehicle failed to yield the right of way and collided with the plaintiff's vehicle. The defendant's employer was sued for negligence soon thereafter. The defendants alleged that the company should not be held liable for the actions of the employee.

They claimed that the employee was not in the course and scope of his employment at the time of the accident. Through discovery, our attorneys learned that the defendants had a policy, both written and implied, whereby employees of the company were allowed to drive work vehicles after hours.

Furthermore, our attorneys argued case law that expanded the definition of course and scope which showed that the defendant was indeed "on the clock" when the accident occurred.

As a result, the defendants conceded liability and turned their defenses toward the alleged damages. They claimed that our client had a preexisting condition that was responsible for her current state.

We deposed the emergency room physician who assessed the client and recommended surgery regarding the medical necessity of the surgical procedure and the proximate cause of the plaintiff's condition. He testimony unequivocally defeated these arguments. The case was satisfactorily resolved through litigation.
Total Recovery:
$210,000.00
Attorney Fees:
$70,110.00
Litigation Expenses:
$3,787.00
$2,000,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.

Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.

Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.

We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.

The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.

Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.

Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
Total Recovery:
$2,000,000.00
Attorney Fees:
$775,000.00
Litigation Expenses:
$25,000.00
$25,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries)
Recovery for the victim of a car accident.
Total Recovery:
$25,000.00
Attorney Fees:
$8,250.00
Litigation Expenses:
$100.00
$40,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovered for client who suffered soft-tissue damage which required physical therapy after being rear ended by a commercial vehicle.
Total Recovery:
$40,000.00
Attorney Fees:
$13,333.00
Litigation Expenses:
$50.00
$100,000.00 Recovery - Third-Party Dram Shop Accident (Broken Arm)
Recovered for client injured in a liquor liability accident.
Total Recovery:
$100,000.00
Attorney Fees:
$40,000.00
Litigation Expenses:
$5,000.00
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.

Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant's accusations of contributory negligence on behalf of he driver of the vehicle did appear to be valid and plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.

Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent's vehicle, which was of consequence irrespective of the decedent's own contributory negligence, and that icontact.com
Total Recovery:
$250,000.00
Attorney Fees:
$82,500.00
Litigation Expenses:
$10,000.00

"When I Lost My Father..."

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