Uninsured Driver Accidents Are a Serious Problem in Texas

Texas law requires drivers to establish financial responsibility before operating a motor vehicle. In most cases, that means carrying liability insurance that can pay for injuries and damage if the driver causes a crash. The Texas Transportation Code explains that a person may not operate a motor vehicle in the state unless financial responsibility is established for that vehicle.

Unfortunately, not every driver follows the law. National insurance research shows that uninsured and underinsured motorists remain a major problem across the country, leaving responsible drivers exposed after serious collisions. That risk is exactly why uninsured motorist and underinsured motorist coverage can be so important after a crash.

If you are unsure whether your crash should be handled as a standard injury claim, an uninsured motorist claim, or both, an experienced Texas car accident lawyer can review your policy, investigate liability, and explain your recovery options.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage, often called UM coverage, is insurance that may protect you when the at-fault driver has no liability insurance. Underinsured motorist coverage, often called UIM coverage, may apply when the at-fault driver has insurance, but their policy limits are too low to fully pay for your damages.

The Texas Department of Insurance explains that uninsured and underinsured motorist coverage can help pay medical bills, car repairs, and other covered losses after a crash involving a driver with little or no insurance. Texas insurers must offer this coverage, and if a driver does not want it, the rejection generally must be made in writing.

This matters because a serious car accident can create costs far beyond the minimum insurance limits many drivers carry. A hospital stay, surgery, physical therapy, time away from work, and long-term pain can quickly turn a seemingly straightforward claim into a major financial crisis.

What Should You Do After an Accident With an Uninsured Driver?

The steps you take after the crash can make a major difference in your ability to prove the claim later. Even when the other driver admits they have no insurance, you still need evidence showing who caused the crash, how the collision happened, and how badly you were hurt.

• Call 911 and request a police report.
• Get medical care as soon as possible.
• Take photos and videos of the vehicles, damage, road conditions, and injuries.
• Collect the other driver’s information, even if they do not have insurance.
• Get names and phone numbers for witnesses.
• Notify your insurance company, but avoid detailed recorded statements before speaking with a lawyer.
• Save medical records, bills, repair estimates, and wage-loss documentation.

Evidence is especially important in uninsured driver claims because your own insurance company may still challenge liability, damages, or the value of your injuries. Learn more about the types of proof that can support a claim in our guide on what evidence strengthens a Texas car accident claim.

Can You Sue an Uninsured Driver in Texas?

Yes. If an uninsured driver caused your injuries, you may be able to file a personal injury lawsuit against that driver. However, suing an uninsured driver does not always mean there will be money available to collect. Many drivers who operate without insurance also lack the personal assets needed to pay a judgment.

That is why your own UM/UIM coverage may be one of the most important sources of recovery. In some cases, there may also be other liable parties, such as an employer, vehicle owner, rideshare company, commercial carrier, or another negligent driver. If multiple drivers played a role in the collision, the allocation of fault can affect how compensation is pursued.

For a deeper look at shared fault issues, read our article on what happens if multiple drivers are responsible for an accident.

Your Own Insurance Company May Not Be on Your Side

Many injured people assume their own insurance company will treat them fairly after an uninsured driver accident. Unfortunately, that is not always how the process works. Once you make a UM/UIM claim, your insurer may evaluate the case like any other contested injury claim.

Insurance companies may try to reduce the value of your claim by arguing that your injuries are unrelated, your medical treatment was excessive, your pain is exaggerated, or you were partially responsible for the crash. They may also delay payment, request unnecessary documentation, or make a settlement offer that does not reflect the full value of your damages.

Our article on how insurance adjusters try to reduce car accident settlements explains many of the tactics injury victims should watch for.

What Damages Can Be Recovered After an Uninsured Driver Accident?

The value of an uninsured driver claim depends on the facts of the case, the available insurance coverage, the severity of the injuries, and the long-term impact on the victim’s life. Potential damages may include:

• Emergency medical treatment
• Hospital bills
• Surgery and rehabilitation
• Physical therapy
• Future medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Mental anguish
• Physical impairment
• Vehicle damage

Medical records often play a central role in proving the value of an injury claim. Delayed treatment, gaps in care, or incomplete documentation can give insurers an excuse to dispute damages. Our guide on how medical documentation increases settlement value explains why clear records are so important.

What If You Have Personal Injury Protection Coverage?

Personal Injury Protection, or PIP, is another type of coverage that may help after a Texas car accident. PIP can help pay medical bills, lost income, and certain other expenses regardless of who caused the crash. This can be especially helpful when the at-fault driver has no insurance.

PIP is separate from UM/UIM coverage. Depending on your policy, both may apply after an uninsured driver crash. Because policy language can be confusing, it is important to have an attorney review every available layer of coverage before accepting a settlement.

You can learn more in our Texas Personal Injury Protection insurance guide.

How Comparative Negligence Can Affect an Uninsured Driver Claim

Texas follows a proportionate responsibility system. If an injured person is found partially responsible for a crash, their recovery may be reduced by their percentage of fault. If they are found more than 50% responsible, they may be barred from recovering compensation.

This issue can come up even when the other driver was uninsured. Your own insurance company may still argue that you were speeding, distracted, failed to avoid the crash, or contributed to the collision in some other way. That is why a thorough investigation is critical.

For more information, review our article on comparative negligence in Texas car accident cases.

How Long Do You Have to Take Legal Action?

Texas generally gives injury victims two years to file a personal injury lawsuit after a car accident. However, uninsured motorist claims may also involve separate policy deadlines, notice requirements, cooperation clauses, and proof-of-loss obligations.

Waiting too long can damage your case. Evidence may disappear, witnesses may become harder to locate, and the insurance company may argue that delays in treatment weaken your claim. Speaking with a lawyer early can help protect your rights and preserve key evidence.

How Francis Injury Helps After an Uninsured Driver Crash

Francis Injury investigates serious crashes, reviews all available insurance coverage, gathers medical evidence, calculates damages, negotiates with insurance companies, and prepares cases for litigation when necessary. Attorney Michael “Mensa Mike” Francis and the legal team understand how insurers evaluate car accident claims and how to push back when they refuse to make a fair offer.

If the insurance company will not settle fairly, litigation may be necessary. Our article on what happens if the defendant refuses to settle explains how a case may move forward when settlement negotiations break down.

If you are trying to choose the right attorney after a crash, our guide on choosing the right car accident lawyer can help you understand what to look for.

Contact Francis Injury Today

If you were injured by an uninsured or underinsured driver in Texas, do not assume you are out of options. Francis Injury can review your case, explain your insurance coverage, and fight for the compensation you deserve.

Call 817-329-9001 today for a free consultation.

No Fee Unless We Win.

Schedule Your Free Consultation

Frequently Asked Questions About Uninsured Driver Accidents in Texas

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What happens if the person who hit me has no insurance in Texas?

You may be able to recover compensation through your own uninsured motorist coverage, personal injury protection coverage, collision coverage, or a lawsuit against the at-fault driver. The best option depends on the facts of the crash and your insurance policy.

Does uninsured motorist coverage pay for pain and suffering?

It may. Depending on the policy and the facts of the case, UM coverage can potentially compensate an injured person for medical bills, lost wages, pain and suffering, and other legally recoverable damages.

Can my own insurance company deny my uninsured motorist claim?

Yes. Your insurer may dispute liability, injury severity, medical treatment, causation, or damages. That is why uninsured motorist claims should be handled carefully, even when you are dealing with your own insurance company.

Should I hire a lawyer after an uninsured driver accident?

Yes, especially if you were injured, missed work, needed ongoing treatment, or received a low settlement offer. A lawyer can identify coverage, gather evidence, value damages, and negotiate with the insurance company.

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Sources

• Texas Department of Insurance: Uninsured Motorist Coverage
• Texas Department of Insurance: Protect Against Other Drivers With Uninsured Motorist Coverage
• Texas Transportation Code Chapter 601: Motor Vehicle Safety Responsibility Act
• Insurance Research Council: Uninsured and Underinsured Motorists 2017–2023