What Happens If You're Hit by an Uninsured Driver in Texas?

Written By Art Simmons

You never expect the driver who hits you to be uninsured, but it happens more often than many Texans realize.

After the shock of a car accident wears off, one of the first questions people ask is, "Who's going to pay for all of this?" When the at-fault driver doesn't carry insurance, it's easy to assume you're stuck paying for your own medical bills, vehicle repairs, lost wages, and other damages.

Fortunately, that isn't always the case.

At The J. Bock Firm, we've helped accident victims understand their rights and pursue the compensation they deserve, even when the other driver doesn't have insurance. Here's what you should know if you're involved in an accident with an uninsured motorist in Texas.

Is It Illegal to Drive Without Insurance in Texas?

Yes.

Texas law requires drivers to carry minimum liability insurance coverage. At a minimum, drivers must have:

  • $30,000 for bodily injury per person

  • $60,000 for bodily injury per accident

  • $25,000 for property damage

Unfortunately, not every driver follows the law. Some choose to drive without insurance altogether, while others let their policies lapse without realizing it.

Regardless of why they're uninsured, their decision shouldn't leave you carrying the financial burden.

What Is Uninsured Motorist (UM) Coverage?

One of the best protections you can have is Uninsured Motorist (UM) coverage.

Although Texas insurance companies are required to offer UM coverage, drivers may reject it in writing. If you chose to keep this coverage on your policy, it can help pay for:

  • Medical expenses

  • Lost wages

  • Pain and suffering

  • Vehicle repairs

  • Other covered damages

UM coverage essentially steps into the shoes of the uninsured driver, allowing you to file a claim with your own insurance company.

What If the Driver Doesn't Have Enough Insurance?

Sometimes the driver isn't completely uninsured, they're simply underinsured.

This is where Underinsured Motorist (UIM) coverage becomes valuable. In Texas, UIM is included with the purchase of UM coverage and is typically listed on a policy as UM/UIM coverage. UIM provides coverage if the at-fault party's insurance is not sufficient to compensate you for your injuries. 

For example, imagine your injuries result in $150,000 in damages, but the at-fault driver's policy only covers $30,000. If you carry UIM coverage, your own policy may help cover the remaining eligible damages, up to your policy limits.

Can You Sue an Uninsured Driver?

Yes.

If the uninsured driver caused the accident, you may have the right to file a lawsuit against them.

However, obtaining a judgment is only part of the process. The bigger question is whether the driver has assets or income available to satisfy that judgment. Many uninsured drivers have limited financial resources, making recovery more difficult.

An experienced personal injury attorney can evaluate whether pursuing legal action is worthwhile based on the specific facts of your case.

What Should You Do After the Accident?

The steps you take immediately after an accident can significantly impact your claim.

If you're hit by an uninsured driver:

  • Call 911 and report the accident.

  • Seek medical attention, even if your injuries seem minor.

  • Exchange information with the other driver.

  • Take photographs of the vehicles, damage, road conditions, and injuries.

  • Obtain contact information from any witnesses.

  • Notify your insurance company promptly.

  • Avoid accepting blame or making recorded statements without understanding your rights.

  • Contact a personal injury attorney before accepting any settlement offers.

Proper documentation can make a significant difference when pursuing compensation.

Don't Assume Your Insurance Company Is on Your Side

Many people are surprised to learn that filing a claim through their own UM or UIM coverage doesn't always mean the process will be easy.

Insurance companies, even your own, may attempt to:

  • Minimize your injuries

  • Dispute liability

  • Delay payments

  • Offer settlements that don't fully cover your losses

Having legal representation helps level the playing field and ensures someone is protecting your interests throughout the claims process.

How The J. Bock Firm Can Help

Every accident is unique, and uninsured motorist claims can become complicated quickly.

At The J. Bock Firm, we help clients understand their options, communicate with insurance companies, evaluate available coverage, and pursue the maximum compensation available under Texas law.

Whether you're dealing with an uninsured driver, an underinsured driver, or questions about your own insurance policy, we're here to help guide you through the process.

Contact The J. Bock Firm Today

Being hit by an uninsured driver doesn't automatically mean you're out of options.

If you've been injured in a Texas car accident and aren't sure where to turn, contact The J. Bock Firm for a consultation. We'll review your case, explain your legal rights, and help you determine the best path forward so you can focus on your recovery while we handle the legal complexities.

Art Simmons
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