Quick Answer
If you turned down uninsured/underinsured motorist coverage in Texas, your own auto policy may not pay UM/UIM benefits for a crash involving a driver with no insurance, too little insurance, or a hit-and-run driver. Texas insurers must offer UM/UIM coverage, but it can be rejected in writing.
That does not mean you have no options. You may still be able to pursue the at-fault driver, use Personal Injury Protection if you kept it, use medical payments coverage if you bought it, use health insurance, make a collision claim for vehicle damage, or look for other responsible parties.
The most important first step is to get your complete insurance policy, declarations page, and any UM/UIM rejection form. Sometimes the issue is not simply “I rejected it,” but whether the rejection was valid, who signed it, which policy it applied to, and whether the crash happened during that policy period.
What Is UM/UIM Coverage in Texas?
UM/UIM stands for uninsured/underinsured motorist coverage.
In plain English, it protects you when the person who caused the crash cannot fully pay for the harm they caused.
| Coverage Type | What It Usually Means | Example |
|---|---|---|
| Uninsured Motorist (UM) | The at-fault driver has no liability insurance | A driver runs a red light on Bandera Road and has no valid policy |
| Underinsured Motorist (UIM) | The at-fault driver has insurance, but not enough | Your medical bills and lost income exceed the other driver’s bodily injury limits |
| Hit-and-Run UM | The at-fault driver leaves and cannot be identified | You are hit on I-10 or Loop 410 and the driver flees |
Texas law requires insurers to offer UM/UIM coverage, and TDI explains that if you do not want it, you must reject it in writing.
If I Rejected UM/UIM, Can I Still Make a Claim?
Maybe, but usually not a UM/UIM claim under that rejected policy.
If the rejection is valid and applies to the policy covering the crash, your insurer will likely deny UM/UIM benefits. That means you may not be able to use your own UM/UIM coverage to fill the gap left by an uninsured or underinsured driver.
But you may still have other claim paths:
- A liability claim against the at-fault driver
- A claim against another negligent driver, company, vehicle owner, employer, rideshare company, or commercial carrier
- PIP benefits, if you did not reject PIP
- Medical payments coverage, if purchased
- Collision coverage for vehicle damage
- Health insurance for medical treatment
- A claim involving a defective vehicle, dangerous roadway condition, drunk driver, commercial vehicle, or negligent entrustment theory, depending on the facts
The key is to avoid assuming the case is over just because UM/UIM was rejected.
First: Confirm Whether You Actually Rejected UM/UIM
Many people believe they rejected UM/UIM because they remember declining “extra coverage” when buying insurance. That may be correct, but it should be verified.
Ask your insurance company or agent for:
- Your declarations page for the policy period covering the crash
- The full auto policy, including endorsements
- The UM/UIM selection or rejection form
- Any renewal documents
- Proof of who signed the rejection
- Any electronic signature records, if the rejection was completed online
- Any policy changes made before the crash
Why the Paperwork Matters
UM/UIM disputes often turn on documents. A valid written rejection may defeat a UM/UIM claim. A missing, unclear, unsigned, or policy-mismatched rejection may raise questions worth reviewing.
The issue is especially important when:
- The policy was renewed several times
- A spouse or family member signed insurance paperwork
- The vehicle was recently added
- You changed carriers
- You bought the policy through an app or online portal
- You are driving a household vehicle, company vehicle, rideshare vehicle, borrowed vehicle, or newly acquired vehicle
What If the Other Driver Had No Insurance?
If the at-fault driver had no insurance and you rejected UM, your options become more fact-specific.
You can still make a claim directly against the driver, but many uninsured drivers do not have enough collectible assets to satisfy a judgment. That is why UM coverage matters: it can provide a practical recovery source when the negligent driver cannot.
Without UM coverage, the investigation should focus on whether anyone else shares responsibility. In a San Antonio crash, that may include:
- A vehicle owner who negligently entrusted the car
- An employer if the driver was working
- A commercial vehicle company
- A bar or restaurant in a potential dram shop case
- A rideshare or delivery company
- A government entity or contractor, in limited roadway or vehicle-related scenarios
- Another driver whose conduct contributed to the crash
Texas proportionate responsibility rules can affect recovery if fault is disputed. Under Texas law, a claimant generally cannot recover damages if the claimant’s percentage of responsibility is greater than 50%.
What If the Other Driver Had Minimum Insurance?
Texas minimum liability limits are often called 30/60/25: $30,000 for injuries per person, $60,000 total per accident for bodily injury, and $25,000 for property damage. TDI notes that these minimum limits may be too low when a crash involves serious injuries, multiple vehicles, or a totaled vehicle.
If you rejected UIM and the at-fault driver only has minimum limits, you may be limited to the available liability coverage unless another source of recovery exists.
That can become a serious problem when the crash involves:
- Emergency room treatment
- Surgery recommendations
- Injections or pain management
- Fractures
- Concussions or traumatic brain injury symptoms
- Lost wages
- Permanent impairment
- Multiple injured people
- A totaled vehicle with limited property damage coverage
Can I Add UM/UIM After the Accident?
You can usually ask your insurer to add UM/UIM coverage going forward, but adding it after a crash generally will not create coverage for a crash that already happened.
Insurance coverage is usually tied to the policy terms in effect on the date of loss. For that reason, a post-crash policy change is important for future protection, but it usually will not fix the current claim.
What Other Insurance Might Help If I Rejected UM/UIM?
Even without UM/UIM, your own policy may include other benefits.
| Coverage | May Help With | Important Limitation |
|---|---|---|
| PIP | Medical bills, lost income, some out-of-pocket costs | Texas policies include PIP unless rejected in writing, but limits may be low |
| MedPay | Medical bills | Does not usually cover lost wages |
| Collision | Vehicle repairs or total loss | Usually subject to a deductible |
| Rental reimbursement | Temporary transportation | Only applies if purchased and within limits |
| Health insurance | Medical treatment | May involve deductibles, copays, and reimbursement claims |
| Disability coverage | Lost income | Depends on employment benefits or private policy terms |
TDI explains that Texas auto policies include PIP unless the insured rejects it in writing, and that UM/UIM pays when a driver has no insurance or not enough insurance.
Attorney Insight: The UM/UIM Rejection Is Only One Part of the Case
A common mistake is treating “no UM/UIM” as the end of the analysis. In practice, the better question is:
What money sources, defendants, coverages, and liens actually exist?
A serious injury case should be evaluated by looking at liability, all insurance layers, all potentially responsible parties, medical causation, future care, lost earning capacity, liens, and collectability. Sometimes the at-fault driver’s policy is the only realistic source. Other times, a deeper investigation finds an employer, commercial policy, vehicle owner, umbrella policy, or third-party claim that changes the case.
The earlier this investigation starts, the better. Evidence can disappear quickly, especially dashcam footage, surveillance video, vehicle data, dispatch records, delivery logs, and witness memories.
What Should I Do Right Now?
If you were hit by an uninsured or underinsured driver after rejecting UM/UIM, take these steps:
- Get medical care and follow treatment instructions. Delays can hurt both your health and your claim.
- Request the crash report. Confirm driver, owner, insurance, citations, and witness information.
- Ask your insurer for your full policy file. Do not rely only on an app screenshot.
- Look for PIP, MedPay, collision, and rental coverage.
- Preserve evidence. Take photos, save dashcam footage, keep repair estimates, and write down symptoms.
- Do not give broad recorded statements without understanding the claim issues.
- Do not sign a release until all coverage and injury issues are evaluated.
- Calendar deadlines. Texas personal injury claims are often subject to a two-year limitations period, but shorter notice rules can apply in some cases.
Common Mistakes After Rejecting UM/UIM
Mistake 1: Assuming There Is No Case
Even without UM/UIM, there may be liability coverage, PIP, MedPay, collision coverage, commercial coverage, or another defendant.
Mistake 2: Accepting the First Policy Limits Offer Too Quickly
A policy-limits offer may sound good until you know the full medical picture, lien exposure, future treatment needs, and whether other coverage exists.
Mistake 3: Ignoring PIP
Many Texas drivers reject UM/UIM but still have PIP. PIP can help early because it may pay regardless of who caused the crash, subject to policy terms and limits.
Mistake 4: Failing to Investigate Employment or Commercial Use
If the at-fault driver was working, delivering goods, hauling equipment, driving a company vehicle, or using a commercial vehicle, additional coverage may apply.
Mistake 5: Waiting Too Long
Surveillance footage from nearby businesses, dashcams, vehicle data, and witness details can disappear. Early preservation letters can matter.
How Insurance Adjusters Evaluate These Claims
When UM/UIM has been rejected, adjusters often focus on limiting the claim to the at-fault driver’s available liability coverage. They may review:
- Police report findings
- Comparative fault arguments
- Medical treatment gaps
- Prior injuries
- Whether treatment was reasonable and necessary
- Whether bills are tied to the crash
- Whether the claimant has PIP or health insurance
- Whether the claimed damages exceed available coverage
- Whether multiple claimants are competing for the same limits
In underinsured cases, the math can become difficult. If several people are injured and the at-fault driver has only $60,000 per accident in bodily injury coverage, the available money may need to be divided among multiple claimants.
Can I Sue the At-Fault Driver Personally?
Yes, you may be able to sue the at-fault driver personally if they caused the crash. But whether that is practical depends on collectability.
A lawsuit may be worth considering when:
- Liability is disputed
- The at-fault driver has assets or income
- There are additional defendants
- A commercial or employer policy may apply
- The insurer is undervaluing the injury claim
- Suit is needed before limitations expires
But suing an uninsured individual with no collectible assets may not produce a meaningful recovery. That is why a practical case evaluation matters before spending time and money on litigation.
What If I Was Hit in a Hit-and-Run?
Hit-and-run crashes are one of the hardest situations when UM/UIM was rejected.
If the driver cannot be identified, there may be no at-fault insurance claim to pursue. Your possible sources may be limited to:
- PIP
- MedPay
- Collision
- Health insurance
- Disability benefits
- Crime victim-related resources in limited situations
- Claims against another responsible party, if one exists
You should still try to identify the driver by acting quickly. Look for nearby businesses, apartment complexes, traffic cameras, dashcams, doorbell cameras, and witnesses.
Questions to Ask Before Deciding the Claim Is Over
Use this checklist before concluding there is no recovery path:
- Did I actually reject UM/UIM in writing?
- Who signed the rejection?
- Does the rejection apply to this exact policy?
- Was the vehicle listed or newly added?
- Was I driving my own vehicle, someone else’s vehicle, or a work vehicle?
- Did I have PIP?
- Did I have MedPay?
- Did I have collision coverage?
- Was the other driver working?
- Was the vehicle owned by someone else?
- Was alcohol involved?
- Were there multiple at-fault drivers?
- Were roadway conditions, construction, or commercial activity involved?
- Are there umbrella or excess policies?
- Are there multiple injured people competing for limits?
Should I Buy UM/UIM Now?
For future protection, it is worth discussing UM/UIM with your insurance agent. TDI has reported that more than 2.4 million state-registered vehicles were not matched to an insurance policy, representing about 12% of state-registered vehicles.
That does not mean every uninsured-driver claim will be severe, but it shows why many Texas drivers consider UM/UIM an important protection.
When reviewing coverage, ask about:
- UM/UIM bodily injury limits
- UM/UIM property damage limits
- PIP limits
- MedPay
- Collision and comprehensive
- Rental coverage
- Umbrella coverage
- Whether UM/UIM limits can match your liability limits
FAQs About Rejecting UM/UIM in Texas
Is UM/UIM required in Texas?
Insurance companies must offer UM/UIM coverage, but Texas drivers may reject it in writing.
If I rejected UM/UIM, can my insurance company deny the claim?
If the rejection is valid and applies to the policy and crash date, the insurer may deny UM/UIM benefits. You should still review the policy, rejection form, and other available coverages.
Does rejecting UM/UIM also reject PIP?
No. UM/UIM and PIP are separate coverages. Texas policies include PIP unless it is rejected in writing, and UM/UIM must also be rejected in writing if you do not want it.
Can I sue the uninsured driver?
Yes, but the practical question is whether the driver has collectible assets or whether another responsible party or insurance policy exists.
Can I add UM/UIM after a crash?
You can usually request UM/UIM for future coverage, but adding it after the crash generally will not cover an accident that already happened.
What if my spouse rejected UM/UIM?
That depends on the policy language, who is the named insured, how the rejection was completed, and whether the rejection applies to the vehicle and policy period. The documents should be reviewed before assuming there is no coverage.
What if I do not remember signing a rejection?
Ask the insurer for the signed rejection form and the full policy file. If the insurer cannot produce a valid written rejection, coverage questions may need closer review.
What if the at-fault driver only has minimum limits?
You may be limited to those liability limits unless another coverage source exists. That is why it is important to investigate PIP, MedPay, commercial coverage, umbrella policies, vehicle ownership, and other defendants.
Talk to a San Antonio Personal Injury Attorney About Your Coverage Options
Rejecting UM/UIM can make a Texas accident claim harder, but it does not automatically mean there is no path forward. The right next step is to review the insurance documents, identify every possible coverage source, and evaluate whether additional parties may be legally responsible.
Ryan Orsatti Law
4634 De Zavala Rd, San Antonio, TX 78249
Phone: 210-525-1200
“This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.”
Hurt in an accident in San Antonio? Learn how a San Antonio personal injury lawyer can help with your claim. Call 210-525-1200 or request a free consultation. There is no fee unless we win.