If you were hit by an uninsured driver in Texas, your own auto policy is almost always the fastest way to get your medical bills and vehicle damage paid. Texas requires insurers to offer uninsured/underinsured motorist (UM/UIM) coverage and personal injury protection (PIP) on every auto policy, and you only lose them if you rejected them in writing.1State of Texas. Texas Insurance Code 1952.101 – Uninsured or Underinsured Motorist Coverage Required2State of Texas. Texas Insurance Code 1952.152 – Personal Injury Protection Coverage Required If you never signed a rejection form, you have them. Here is how to use them, and what to do if you don’t.
At the Scene: Build the Record You’ll Need
Call 911 and get a police report. In an ordinary crash this matters; when the other driver has no insurance, the report becomes the backbone of every claim that follows. Officers will document the collision, note the lack of coverage, and record statements from witnesses you’d struggle to track down later.
While you wait, collect what you can yourself. Get the other driver’s name, phone number, and license plate even if they can’t produce an insurance card. Photograph both vehicles, their positions, traffic signals, and any visible injuries. Ask bystanders for their names and contact information. The more you lock down now, the less there is to argue about later.
Which of Your Own Coverages Pays
Uninsured/Underinsured Motorist (UM/UIM)
UM/UIM is the main protection against uninsured drivers, and Texas law bars insurers from issuing a policy without offering it.3State of Texas. Texas Insurance Code 1952.101 It has two parts. Bodily Injury (UMBI) pays your medical expenses, lost income, and pain and suffering. Property Damage (UMPD) pays for your vehicle repairs, with a $250 deductible set by statute.4State of Texas. Texas Insurance Code 1952.052 Limits at least match the Texas minimums of $30,000 per person and $60,000 per accident for bodily injury and $25,000 for property damage, though your policy may carry higher ones.5Texas Department of Insurance. Auto Insurance Guide
Personal Injury Protection (PIP)
PIP pays regardless of fault and covers medical and surgical expenses, ambulance and hospital bills, and lost income for you, members of your household, and passengers in your vehicle.6State of Texas. Texas Insurance Code 1952.151 – Personal Injury Protection Two things make PIP particularly useful after an uninsured-driver crash. It pays faster because no one has to prove fault first, and your insurer has no subrogation right against it, so any later recovery from the at-fault driver stays yours on top of what PIP already paid.
Collision Coverage
If you carry collision, it will repair your vehicle regardless of fault once you pay your deductible. The deductible is usually higher than the $250 statutory UMPD deductible, but collision can be the quickest route to getting your car back. Your insurer may then try to recover from the uninsured driver through subrogation, and if that works, you can get some or all of your deductible back.
Filing the Claim
Call your insurer within days, not weeks. Tell them plainly that the at-fault driver was uninsured and that you are opening a UM claim; this triggers a different workflow than a routine accident report. Expect to hand over the police report number, the other driver’s information, your scene photos and witness contacts, medical bills and treatment records, and repair estimates.7Texas Department of Insurance. How to File Your Insurance Claim Keep copies of everything you submit.
Policies set their own notice deadlines, often 30 to 60 days. Read yours. Missing a contractual notice deadline hands the insurer a reason to reduce or deny what you’re owed.
Hit-and-Run: Watch the Physical Contact Rule
A driver who flees is treated as uninsured for insurance purposes, so UM applies. Texas policies, though, typically require actual physical contact between the two vehicles. If another driver swerved into your lane, forced you into a guardrail, and drove off without touching your car, a UM claim can be denied under this “phantom vehicle” rule.
Call police right away, note nearby surveillance cameras, and get contact information for anyone who saw the crash. A witness who can confirm contact, or identify the other vehicle, can save a claim that would otherwise fail on this technicality.
If You Were Partly at Fault
Texas uses proportionate responsibility. Your recovery is reduced by your share of blame, and if you’re found more than 50 percent responsible, you recover nothing.8State of Texas. Texas Civil Practice and Remedies Code 33.001 – Proportionate Responsibility This applies in court and during UM negotiations with your own insurer, which is another reason thorough scene documentation protects your claim from being chipped away.
When Your Insurer Delays, Lowballs, or Denies
A UM claim is a claim against your own insurance company, and the financial pressure runs toward paying less. If you believe your insurer isn’t handling the claim fairly, the Texas Department of Insurance accepts complaints against insurers, agents, and adjusters. You can call TDI’s helpline at 800-252-3439 (Monday through Friday, 8 a.m. to 5 p.m.) or file online.9Texas Department of Insurance. Get Help With an Insurance Complaint A complaint doesn’t guarantee a particular outcome, but regulatory scrutiny often moves a stalled file.
For larger disputes, especially those involving serious injuries, talking to an attorney who handles UM claims is worth considering. Some policies allow appraisal or arbitration of UM disputes, which can resolve disagreements short of a full lawsuit.
If You Don’t Have UM Coverage
Without UM and without collision, your main option is to sue the at-fault driver directly. Texas gives you two years from the date of the accident to file.10State of Texas. Texas Civil Practice and Remedies Code 16.003 – Two-Year Limitations Period For claims up to $20,000, Texas justice court is cheaper and doesn’t require a lawyer.11State Law Library of Texas. How Much Can I Sue for in a Small Claims Court?
Be realistic. A driver who couldn’t afford insurance often can’t afford a judgment either. Before investing in a lawsuit, think honestly about whether the other driver has wages or assets you could collect against. A judgment you can’t enforce is just paper.
One exception matters. If the uninsured driver was intoxicated at the time of the crash, federal law blocks them from discharging a judgment for death or personal injury from drunk driving through bankruptcy.12Office of the Law Revision Counsel. 11 U.S. Code 523 – Exceptions to Discharge That gives a judgment staying power it wouldn’t otherwise have.
Check Your Policy Before You Need It
Pull up your declarations page and confirm you have UM/UIM at limits that reflect what you’d actually need, not just the state floor. PIP is inexpensive and reaches medical costs faster than UM. If you rejected either coverage in the past, call your insurer and add it back. With roughly one in seven Texas drivers carrying no coverage, treating UM and PIP as optional is a bet that doesn’t pay off.