Getting hit by another driver is stressful enough. Discovering that the at-fault driver has no insurance can make a bad situation feel hopeless. The good news is that Texas law provides several paths to financial recovery — even when the other driver carries zero coverage.
This guide breaks down your legal options, explains how uninsured motorist claims work in Texas, and covers the practical steps that protect your right to compensation after a crash with an uninsured driver.
Quick Answer: What Can I Do If an Uninsured Driver Hit Me?
If an uninsured driver caused your accident in Texas, you are not out of options. Your primary avenues for recovery include filing a claim under your own uninsured motorist (UM) coverage if your policy includes it, using Medical Payments (MedPay) or Personal Injury Protection (PIP) coverage to address immediate medical bills, filing a collision claim to repair your vehicle, and — in some cases — filing a personal lawsuit directly against the at-fault driver.
The most effective route for most injury victims is a UM claim through their own auto policy. Under Texas Insurance Code § 1952.101, every auto insurer in the state must offer UM/UIM coverage when issuing a policy. If you did not reject that coverage in writing, there is a strong chance it is already part of your policy.
How Common Are Uninsured Drivers in Texas?
The problem is more widespread than many people realize. According to data from the Insurance Research Council (IRC), approximately 14% of Texas motorists are uninsured — slightly above the national average. Some estimates place the figure closer to one in five vehicles on Texas roads lacking valid liability coverage.
Rising insurance premiums have made the problem worse in recent years. National auto insurance costs rose roughly 20% between mid-2022 and mid-2024, and research from the American Association of Motor Vehicle Administrators indicates that about 82% of uninsured drivers say they simply cannot afford coverage.
For San Antonio drivers navigating some of the busiest corridors in Bexar County — I-35, Loop 410, Highway 151 — the odds of encountering an uninsured motorist in any given trip are not trivial.
Your Legal Options After a Crash with an Uninsured Driver
1. File a Claim Under Your Uninsured Motorist (UM) Coverage
This is typically your strongest option. UM coverage exists specifically for this scenario: it pays for your injuries, lost wages, and other damages when the at-fault driver has no liability insurance to cover your losses.
How UM coverage works in Texas:
Texas Insurance Code § 1952.101 requires every auto insurer to offer UM/UIM coverage when you purchase a liability policy. The coverage must be included unless you specifically rejected it in writing. If you never signed a written rejection, your policy should include UM coverage at least equal to the state minimum liability limits (currently 30/60/25 — meaning $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage).
Many policyholders carry UM limits that match their liability limits, which can be significantly higher. Check your declarations page or call your insurer to verify your UM limits.
What UM coverage typically pays for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage (if UM property damage coverage was purchased, subject to a $250 deductible under Texas law)
Important note: Even though you are filing a claim with your own insurance company, the insurer still evaluates the claim based on the other driver’s fault. You must establish that the uninsured driver was negligent and caused your damages. Your own insurer may dispute liability, the severity of your injuries, or the value of your claim — which is one reason many people choose to involve an attorney even for UM claims.
2. Use Medical Payments (MedPay) or PIP Coverage
If your policy includes MedPay or PIP, these coverages pay for your medical expenses regardless of who was at fault. They typically cover hospital bills, ambulance costs, surgery, and follow-up treatment.
MedPay and PIP are “no-fault” coverages — you do not have to prove the other driver was negligent to collect. They pay out quickly, which helps cover bills in the weeks immediately following a crash while a larger UM or liability claim is being resolved.
MedPay limits are usually modest (often $2,500 to $10,000), but they can be a critical bridge for urgent expenses.
3. File a Collision Claim for Vehicle Damage
If you carry collision coverage on your auto policy, you can file a claim for your vehicle repairs (or its actual cash value if totaled). You will owe your deductible out of pocket, but you will not need the other driver’s insurance to get your vehicle fixed.
Your insurer may then pursue subrogation — essentially stepping into your shoes to recover what it paid from the uninsured at-fault driver. If the insurer successfully recovers funds, you may get your deductible reimbursed.
4. Sue the Uninsured Driver Directly
You have the legal right to file a personal injury lawsuit against an uninsured at-fault driver in Texas. If you can prove negligence and damages, the court can enter a judgment in your favor.
The practical challenge: Many uninsured drivers lack the personal assets to satisfy a judgment. If the at-fault driver has no insurance, no real property, and limited income, a judgment may be difficult to collect — even if you win. This is what attorneys sometimes call being “judgment-proof.”
That said, there are situations where a direct lawsuit makes sense. If the at-fault driver owns property, has a steady job, or has other assets, a judgment can be enforced through liens, wage garnishment, or asset seizure. Additionally, Texas judgments are enforceable for ten years and can be renewed, so a driver’s financial situation may improve over time.
5. Explore Third-Party Liability
Sometimes the uninsured driver is not the only party at fault. Depending on the circumstances, other potentially liable parties could include the owner of the vehicle the uninsured driver was operating (if different from the driver), an employer if the driver was acting within the scope of employment, a bar or restaurant that overserved the driver (under the Texas Dram Shop Act, Tex. Alc. Bev. Code § 2.02), or a government entity responsible for a dangerous road condition that contributed to the crash.
Identifying additional liable parties can open up additional insurance policies and assets to cover your damages.
Coverage Comparison: What Pays for What?
| Coverage Type | Pays For | Fault Required? | Typical Limits | Deductible? |
|---|---|---|---|---|
| Uninsured Motorist (UM) | Medical bills, lost wages, pain and suffering, property damage | Yes — must prove other driver’s fault | Matches your liability limits (or chosen amount) | No (bodily injury); $250 (property damage) |
| MedPay / PIP | Medical expenses only | No — pays regardless of fault | $2,500–$10,000 (common) | No |
| Collision | Vehicle repair or replacement | No — pays regardless of fault | Actual cash value of vehicle | Yes (typically $500–$1,000) |
| Health Insurance | Medical treatment | No | Varies by plan | Copays/deductibles apply |
| Lawsuit vs. Driver | All compensable damages | Yes — must prove negligence | Unlimited (but collectibility depends on driver’s assets) | N/A |
What to Do at the Scene and in the Days After
Taking the right steps immediately after a crash with an uninsured driver can make a significant difference in your ability to recover compensation later. Here is a practical checklist:
At the scene:
- Call 911 and request a police report. The responding officer should document the other driver’s lack of insurance. In San Antonio and Bexar County, you can later obtain the crash report (CR-3) from the San Antonio Police Department or TxDOT.
- Document everything: photos of vehicle damage, the scene, traffic signs, skid marks, and any visible injuries.
- Get the other driver’s name, address, phone number, driver’s license number, and license plate number — even without insurance, this information is critical.
- Collect contact information from any witnesses.
- Do not accept any cash offers or verbal promises from the other driver to pay out of pocket. These arrangements almost never work out and can complicate your claim.
In the days following:
- Seek medical attention promptly, even if you feel fine. Some injuries — particularly soft tissue injuries, concussions, and internal injuries — may not produce symptoms for hours or days.
- Notify your own auto insurance company about the accident. If you have UM, MedPay, PIP, or collision coverage, you will be filing claims under your own policy.
- Keep every receipt, bill, and document related to the crash: medical records, repair estimates, rental car costs, and records of missed work.
- Do not give a recorded statement to any insurer without understanding your rights first.
Common Mistakes That Hurt Uninsured Motorist Claims
Not knowing whether you have UM coverage. Many Texans are unsure whether they carry UM coverage or unknowingly rejected it years ago. Pull your declarations page and check. If your insurer cannot produce a valid written rejection signed by you, there may be an argument that UM coverage applies by default.
Assuming your own insurer is on your side. Your UM insurer owes you the benefits under your policy, but the claims adjuster’s job is still to evaluate (and often minimize) what the company pays. UM claims can involve the same disputes over liability, medical causation, and damages as any third-party claim.
Waiting too long to file. Texas has a two-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003). Your auto policy may also contain its own deadlines for notifying the insurer and cooperating with the claims process. Delay can jeopardize both your legal claim and your insurance benefits.
Settling too early. If you accept a quick settlement before understanding the full extent of your injuries, you may leave significant compensation on the table. This is especially true for injuries requiring ongoing treatment, surgery, or rehabilitation.
Failing to document the other driver’s information. Without the at-fault driver’s identifying information, it can be more difficult to establish the facts of the crash and pursue all available avenues of recovery — including subrogation by your insurer.
How the UM Claims Process Works in Texas: A Step-by-Step Timeline
Step 1 — Report the claim. Notify your insurer as soon as possible after the crash. Provide the police report number, the other driver’s information (or lack of insurance documentation), and a summary of what happened.
Step 2 — Investigation. Your insurer will assign an adjuster to investigate the claim. The adjuster may request your medical records, review the police report, inspect vehicle damage, and possibly take a recorded statement.
Step 3 — Medical treatment. Continue treating for your injuries. The value of your claim depends heavily on the nature, extent, and duration of your medical care. Do not rush to settle before treatment is complete or your condition stabilizes.
Step 4 — Demand and negotiation. Once your treatment concludes (or reaches maximum medical improvement), you or your attorney will compile a demand package documenting your damages: medical bills and records, proof of lost income, evidence of pain and suffering, and any other compensable losses. The insurer will evaluate and typically respond with a counteroffer.
Step 5 — Resolution or litigation. Most UM claims resolve through negotiation. If the insurer refuses to offer a fair amount, you have the right to file a lawsuit against your own insurer for breach of contract. In Texas, venue for UM disputes lies in the county where the insured resides (Tex. Ins. Code § 1952.110).
Typical timeline: Straightforward UM claims may resolve in a few months. Claims involving serious injuries, disputed liability, or litigation can take a year or longer.
Attorney Insight: What I See in Practice
In my experience handling uninsured motorist claims in San Antonio and throughout Texas, several patterns stand out. First, many clients are surprised to learn they have UM coverage — and are even more surprised at how aggressively their own insurer can dispute a legitimate claim. The fact that you are filing against your own policy does not mean the process will be smooth or friendly.
Second, the value of a UM claim is determined the same way as any personal injury claim: the nature and severity of the injury, the cost of treatment, the impact on daily life and earning capacity, and the strength of the liability evidence. Thorough documentation from the very beginning of the case makes a meaningful difference in outcomes.
Third, identifying all potential sources of recovery is essential. In crashes involving an uninsured driver, I always evaluate whether vehicle-owner liability, employer liability, dram shop claims, or other third-party theories might apply. These additional avenues can transform a case that initially looks limited into one with real financial recovery.
Frequently Asked Questions
Can I still recover damages if I don’t have uninsured motorist coverage?
Yes, but your options are more limited. You can still file a lawsuit directly against the uninsured at-fault driver, use your collision coverage for vehicle damage, use MedPay or PIP for medical bills, and pursue third-party claims if other parties share fault. The practical difficulty is that collecting from an uninsured individual often depends on whether they have assets.
What if the uninsured driver was driving someone else’s car?
The vehicle owner’s liability insurance may cover the accident under the “permissive use” provisions common in Texas auto policies. Texas also recognizes negligent entrustment — if the owner knew or should have known the driver was incompetent, unlicensed, or reckless, the owner can be held independently liable.
Does Texas require uninsured motorist coverage?
Texas does not require drivers to purchase UM coverage, but it does require every auto insurer to offer it. Under Tex. Ins. Code § 1952.101, UM/UIM coverage must be included in every auto policy unless the named insured rejects it in writing. If you never signed a written rejection, the coverage should be part of your policy.
What are the minimum auto insurance requirements in Texas?
Texas law requires liability coverage of at least 30/60/25: $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 per accident for property damage (Tex. Transp. Code § 601.072). These are minimums — they do not include UM, collision, or MedPay.
Can the uninsured driver face penalties beyond my civil claim?
Yes. Driving without insurance is a violation of Texas law. Penalties can include fines, driver’s license suspension, vehicle impoundment, and surcharges. The state also operates TexasSure, a verification program that cross-references vehicle registrations with active insurance policies.
What if it was a hit-and-run and the driver was never identified?
Uninsured motorist coverage in Texas generally covers hit-and-run accidents where the at-fault driver cannot be identified. There may be specific policy requirements, such as reporting the accident to police within a certain time frame. Review your policy language carefully or consult with an attorney.
Next Steps: Protecting Your Right to Recover
If you have been injured by an uninsured driver in Texas, taking action early makes a real difference. Review your own insurance policy to determine what coverages are available, keep all documentation organized, and understand the deadlines that apply to your situation.
If you have questions about your options after a crash with an uninsured or underinsured driver, we are here to help.
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.