Key Takeaways
- Approximately 1 in 8 drivers in Texas is uninsured, making car accidents with uninsured drivers disturbingly common.
- If hit by an uninsured driver, you can file a claim through your own uninsured motorist (UM) coverage if you have it.
- You may still sue the at-fault driver personally, but collecting damages can be difficult if they lack assets.
- Uninsured motorist coverage is not required in Texas, but it’s highly recommended to protect yourself financially.
- A car accident lawyer can help you navigate claims with your own insurer and pursue all available sources of compensation.
- If the uninsured driver fled the scene, your uninsured motorist coverage may still apply.
Few things are more frustrating than being injured in a car accident that wasn’t your fault—only to discover the at-fault driver has no insurance. Medical bills pile up, your car needs repairs, and you’re left wondering:
What if I have a wreck with someone who doesn’t have insurance?
Unfortunately, accidents with uninsured drivers happen every day in Texas. While the situation is more complicated than a typical insurance claim, you still have options for recovering compensation—whether through your own insurance policy, a lawsuit against the at-fault driver, or other legal remedies.
How Common Are Accidents With Uninsured Drivers in Texas?
Texas has one of the highest rates of uninsured drivers in the nation. According to recent studies:
- Approximately 20% of Texas drivers are uninsured
- That’s roughly 1 in 8 drivers on the road with no liability coverage
- In urban areas like Houston, the percentage can be even higher
This means there’s a significant chance that if you’re in an accident, the at-fault driver may not have insurance to cover your damages. Without proper protections in place, you could be left paying for someone else’s negligence.
Your Options After an Accident With an Uninsured Driver
If you’re hit by an uninsured driver, you have several potential avenues for recovering compensation:
1. File a Claim Through Your Uninsured Motorist (UM) Coverage
If you purchased uninsured motorist coverage (UM) as part of your auto insurance policy, you can file a claim with your own insurer to cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle damage (if you also have collision coverage)
UM coverage acts as a safety net, stepping in when the at-fault driver can’t pay. While filing through your own insurance may feel counterintuitive, this is exactly why you pay for UM coverage.
2. Sue the Uninsured Driver Personally
You can file a personal injury lawsuit directly against the uninsured driver to recover damages. If successful, you can obtain a judgment against them for:
- Medical bills
- Property damage
- Lost income
- Pain, suffering, and emotional distress
However, winning a judgment doesn’t guarantee payment. If the at-fault driver has no assets, wages to garnish, or property to seize, collecting on the judgment can be extremely difficult.
3. Use MedPay or Personal Injury Protection (PIP)
If you have Medical Payments (MedPay) or Personal Injury Protection (PIP) coverage, these policies can pay for your medical expenses regardless of who was at fault. These benefits are typically limited but can help cover immediate costs while you pursue other compensation.
4. Explore Other Liable Parties
In some cases, additional parties may share liability for the accident, such as:
- The vehicle owner (if the driver was borrowing the car)
- An employer (if the driver was on the job)
- A bar or restaurant (if the driver was visibly intoxicated and served alcohol)
- A government entity (if poor road conditions contributed to the crash)
An experienced car accident lawyer can investigate whether other parties can be held responsible and whether additional insurance policies may apply.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is optional insurance that protects you when you’re hit by a driver who has:
- No insurance at all
- Insufficient insurance to cover your damages (underinsured motorist coverage)
- Unknown identity (hit-and-run accidents)
Texas law requires insurance companies to offer UM coverage when you purchase a policy, but you can decline it in writing. Given the high rate of uninsured drivers in Texas, declining UM coverage is a risky decision that can leave you financially exposed.
How much UM coverage should you carry?
Experts recommend carrying UM coverage limits equal to your liability limits. For example, if you have $100,000/$300,000 in liability coverage, you should carry the same in UM coverage.
What If the Uninsured Driver Fled the Scene?
If the at-fault driver fled the scene (a hit-and-run), your uninsured motorist coverage may still apply. In Texas, UM coverage typically covers hit-and-run accidents as long as:
- You report the accident to law enforcement promptly
- You cooperate with your insurer’s investigation
- You provide evidence of the accident (photos, witness statements, dashcam footage)
Filing a claim after a hit-and-run can be more complicated, but an experienced attorney can help you navigate the process and maximize your payout.
How a Car Accident Lawyer Can Help
Dealing with an uninsured driver claim is more complex than a standard insurance claim. Your own insurance company may try to minimize your payout, dispute fault, or undervalue your injuries.
A car accident lawyer can:
- Investigate the accident and gather evidence proving the other driver’s fault
- File a claim with your UM carrier and negotiate for maximum compensation
- Pursue a lawsuit against the uninsured driver if appropriate
- Identify additional liable parties or insurance policies that may apply
- Handle all communication with adjusters so you can focus on recovery
Don’t let an uninsured driver leave you paying for their mistake. You have legal options.
Let The Law Giant Fight for Your Recovery
If you’ve been injured in an accident with an uninsured driver, The Law Giant, Personal Injury & Accident Lawyers is here to protect your rights. We have extensive experience handling uninsured motorist claims and fighting for maximum compensation for injured Texans.
We’ll investigate your accident, pursue all available sources of recovery, and negotiate aggressively with your insurance company to ensure you’re fully compensated for your injuries, lost wages, and pain and suffering.
Call (956) 982-1800 today for a free consultation, or contact us online. You pay nothing unless we win your case.
FAQs: Accidents With Uninsured Drivers
What happens if I have an accident with an uninsured driver?
If you have uninsured motorist (UM) coverage, you can file a claim with your own insurance. You can also sue the at-fault driver personally, though collecting damages may be difficult if they lack assets.
Does Texas require uninsured motorist coverage?
No. Texas insurers must offer UM coverage, but you can decline it in writing. However, given the high rate of uninsured drivers, it’s highly recommended.
Can I sue an uninsured driver for damages?
Yes. You can file a personal injury lawsuit and obtain a judgment. However, if the driver has no money or assets, collecting on the judgment can be extremely difficult.
What if the uninsured driver was a hit-and-run?
Your uninsured motorist coverage may still apply to hit-and-run accidents, as long as you report the crash to police and cooperate with your insurer’s investigation.
Will my insurance rates go up if I file a UM claim?
Generally, filing a UM claim should not increase your rates since you were not at fault. However, policies vary, so it’s best to consult with your attorney and review your policy terms.
How long do I have to file a claim after an accident with an uninsured driver?
In Texas, you typically have two years to file a personal injury lawsuit. However, your insurance policy may have shorter deadlines for filing UM claims, so it’s important to act quickly.
