Uninsured Motorist Protection: Proving the Uninsured Status of the Tort-Feasor-Motorist as a Condition Precedent to Recovery

With the enactment of the new Uninsured Motorist Statute, Texas joined the ranks of those states requiring their insurance companies to provide protection to their insureds from the uninsured motorist. In order to recover from his own insurance company, a motorist involved in an accident with an uninsured motorist has a heavy burden of proof to show the uninsured status of a motorist. This article discusses what is necessary to prove that the uninsured motorist did not have adequate automobile insurance coverage.