Uninsured Motorist/Uninsured Motorist coverage protects an insured who is legally entitled to recover damages from a tortfeasor who either does not have insurance, or who does not have adequate insurance. If a UM/UIM policy is in place, the insured can recover from his insurer the amount, up to policy limited, that he would have been able to collect from the tortfeasor had the tortfeasor been insured (or had an adequate policy). Under a UM/UIM policy, recovery is generally limited to compensatory damages (in order to "make the injury party whole"), but exemplary (punitive) damages are not available. In Texas, UM/UIM coverage must be included in an automobile policy unless such coverage is expressly rejected in writing by the insured.
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