Texas law requires all drivers to carry at least a minimum insurance policy. This liability coverage, often referred to as 30/60/25 coverage, requires drivers to have at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage. While this is the minimum coverage required to comply with state law, it often is not enough to protect drivers in the event of a serious accident.

If you happen to be the victim of an accident where the at-fault driver only has the minimum policy, the most you can recover from their insurer is $30,000—even if you require surgery that costs more. Fortunately, you still have some options.

What Happens if Your Surgery Costs More Than the At-Fault Driver’s Coverage?

If the cost of your surgery and related treatment exceeds the at-fault driver’s policy limits, you still have a few options:

• Use your own auto insurance - If you have uninsured/underinsured motorist coverage (UM/UIM) on your policy, it can help fill the gap. This coverage kicks in when the at-fault driver doesn’t have enough insurance to cover your damages.
• Use Personal Injury Protection (PIP) or MedPay - If you elected PIP or MedPay, it could also help cover medical costs regardless of fault (up to the limits you chose).
• Rely on your health insurance - Your personal health insurance may cover surgical costs per your policy. Be aware, however, that your insurer may seek reimbursement from your settlement down the road (this is known as subrogation).
• Use a medical lien - Some providers may agree to delay billing or accept payment after your case settles. Your attorney can help negotiate this.
• Sue the at-fault driver - Another option is to sue the driver for amounts above their policy, but in most cases, individuals with minimum coverage have limited personal assets, which can make this difficult to collect.

Why You Need a Lawyer in This Situation

When major surgery is on the table, your case is too serious to handle alone, especially when limited insurance coverage is involved. A car accident attorney can help you identify all available sources of compensation so you can maximize your claim, file a UM/UIM claim (if you have the coverage), negotiate with healthcare providers to delay billing or reduce charges, and importantly, ensure no money is left on the table.

If you need surgery after a car accident and the at-fault driver only has minimum insurance, don’t panic, but don’t wait, either. Contact our office at McKinney Vos to review your case and discuss the best ways to ensure you get the medical care you need without footing the bill yourself.