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The Wooley Law Firm, PLLC - Texas Trial Attorneys
Car Accidents
Mar 29, 20263 min read

Injured Passenger in a Dallas Car Accident? You May Have Two Insurance Claims in Texas

Injured Passenger in a Dallas Car Accident? You May Have Two Insurance Claims in Texas

If you were hurt as a passenger in a car wreck in Dallas, you may be able to recover compensation from more than one coverage under the same insurance policy-even if the at-fault driver has little or no insurance. A Texas case, Jankowiak v. Allstate Property & Casualty Insurance Co., supports a key rule passengers should know:

When the other driver is at fault and is uninsured or underinsured, an injured passenger may be able to recover under:

  1. the driver’s liability insurance, and

  2. uninsured/underinsured motorist (UM/UIM) coverage—to cover the uninsured/underinsured driver’s share of the damages.

That can make a huge difference when your medical bills and lost income are bigger than what one policy will pay.

Why this matters for Dallas personal injury claims

In many Dallas car accidents, the at-fault driver has no insurance, or carries minimum limits that don’t cover serious injuries. If you only pursue one policy, you may leave money on the table. A Dallas personal injury lawyer can help identify every available policy and build the claim the right way from the start.

What this can look like in a real passenger injury case

You’re riding as a passenger. Another driver causes the crash, but they’re uninsured or underinsured. You may have these claim options:

  1. Claim against the at-fault driver (liability) If the at-fault driver has insurance, you can pursue their liability policy first.

  2. UM/UIM claim (to fill the gap) If the at-fault driver is uninsured or doesn’t have enough coverage, you may be able to use UM/UIM coverage under the policy covering the car you were riding in (and sometimes other policies, depending on the situation).

  3. Claim against your driver (if your driver also contributed) If your driver shares some fault, you may also have a claim against your driver’s liability coverage for that portion-while still pursuing UM/UIM for the uninsured/underinsured driver’s portion.

Important: This is not “double dipping.” The goal is to fully compensate you for your injuries by using the correct coverage for each responsible driver.

Common passenger injuries we see after Dallas car crashes

A passenger injury claim often involve neck and back injuries, herniated discs, concussions / traumatic brain injuries, broken bones, and soft tissue injuries that don’t show up on day one

If you need treatment, your claim value often depends on medical documentation, consistency of care, and proving how the crash caused your symptoms.

Free consultation: Dallas passenger injury lawyer

If you were injured as a passenger, our firm can review who was at fault; what insurance policies apply; whether UM/UIM coverage is available; and how to maximize your recovery under Texas law.

Call today for a free case evaluation. If you can’t travel, we can often handle most of the process remotely.


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Andrew J. Wooley, Attorney

Andrew J. Wooley

Personal Injury Attorney

Andrew J. Wooley is a dedicated personal injury attorney based in Dallas, Texas. He focuses on helping accident victims recover fair compensation for their injuries. With a commitment to personalized service, Andrew works directly with each client to understand their unique situation and fight for their rights.

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