You did everything right. You have insurance. You drive safely. Then someone runs a red light and slams into your car. You exchange information. You file a claim. Then you get the news.
The other driver has no insurance.
Now what? Your car is damaged. You are injured. Medical bills are piling up. And there is no insurance company on the other side to pay for any of it.
This situation happens more often than you think. Texas has one of the highest rates of uninsured drivers in the country. According to the Insurance Information Institute, about one in every eight Texas drivers has no insurance. That means every time you get behind the wheel, there is a real chance the other driver is uninsured.
But there is good news. You may still have options. Understanding those options is the first step to protecting yourself.
What Does Texas Law Require?
Texas law requires all drivers to carry minimum liability insurance. The minimum coverage is:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
This is often called 30/60/25 coverage. But many drivers ignore the law. They drive without insurance every day. Some cannot afford it. Some choose not to buy it. Either way, you are the one who suffers when they hit you.
Your First Option: Uninsured Motorist Coverage
Uninsured Motorist (UM) coverage is the most important protection you can have. It is designed specifically for this situation.
What does UM coverage do?
UM coverage steps in when the at-fault driver has no insurance. It pays for:
- Medical bills for you and your passengers
- Lost wages if you cannot work
- Pain and suffering damages
- Funeral expenses in fatal accidents
Do you have UM coverage?
Here is the catch. In Texas, insurance companies must offer you UM coverage. But you can reject it in writing. Many drivers reject UM coverage to save a few dollars on their premium. They do not realize what they are giving up.
Check your policy right now. Look for “Uninsured Motorist” or “UM” on your declarations page. If you do not see it, you may have rejected it. If you rejected it, the other driver’s lack of insurance becomes your problem.
How much UM coverage do you need?
You can usually buy UM coverage up to the same limits as your liability coverage. Higher limits cost more, but they provide more protection. If you have minimal UM coverage, a serious accident can quickly exceed your policy limits.
What If You Have Underinsured Motorist Coverage?
Underinsured Motorist (UIM) coverage is related but different. It applies when the other driver has insurance, but not enough to cover your damages.
Example: The other driver has the minimum 30,000incoverage.Yourmedicalbillsare50,000. Their insurance pays the 30,000limit.YourUIMcoveragepaystheremaining20,000 (up to your policy limits).
UIM coverage is often packaged with UM coverage. You usually buy them together. Check your policy to see if you have both.
Your Second Option: Suing the Driver Personally
If you do not have UM coverage, you can sue the at-fault driver directly. But this option has serious problems.
The driver likely has no money.
People who drive without insurance often cannot afford insurance. They probably cannot afford to pay a judgment either. Winning a lawsuit is one thing. Collecting the money is another.
The process is slow.
A lawsuit takes months or years. Your medical bills are due now. Your lost wages are hurting you now. Waiting for a trial does not solve your immediate problems.
You pay your own attorney.
In a typical car accident case, the attorney is paid from the settlement. But if the other driver has no money, there may be no settlement. You could win a judgment and still never collect.
Suing the uninsured driver is often a last resort. It only makes sense if the driver has significant assets you can seize.
Your Third Option: Health Insurance and Collision Coverage
Even without UM coverage, you are not completely helpless.
Health insurance
Your health insurance will cover your medical bills. You may have to pay deductibles and copayments. Your health insurer may also have a right to be repaid if you recover money from another source. But at least your immediate medical needs are covered.
Collision coverage
Collision coverage pays for damage to your car, regardless of who caused the accident. If you have collision coverage, your insurance company will pay to repair or replace your vehicle. You will have to pay your deductible. Your insurance company may then try to recover that money from the uninsured driver.
Personal Injury Protection (PIP)
PIP coverage pays for medical bills and lost wages regardless of fault. Texas does not require PIP, but your insurer must offer it to you. If you have PIP, you can use it while your UM claim is being processed.
What to Do Immediately After an Accident with an Uninsured Driver
The steps you take immediately after the accident are critical.
1. Call the police.
Always call the police. The police report is official documentation of the accident. It will show whether the other driver had insurance. If they did not, that information will be in the report.
2. Gather evidence.
Take photos of the accident scene. Photograph both vehicles, the license plates, and the surrounding area. Get contact information from witnesses. If the other driver admits they have no insurance, try to record it or get it in writing.
3. Get medical treatment.
Your health comes first. See a doctor immediately, even if you feel fine. Some injuries take time to appear. Medical records also document that your injuries came from the accident.
4. Contact your insurance company.
Report the accident to your insurer. Tell them the other driver is uninsured. Ask about your UM coverage. Do not give a recorded statement without speaking to an attorney first.
5. Contact an attorney.
An experienced personal injury attorney can help you navigate your options. They can review your policy. They can handle communications with your insurance company. They can advise you on whether suing the driver makes sense.
Uninsured Driver Accidents: FAQs
What if the other driver leaves the scene?
If the driver flees, this is a hit-and-run. UM coverage typically applies to hit-and-run accidents as well. You will need to report the accident to police immediately.
Will my rates go up if I file a UM claim?
Texas law prohibits insurance companies from raising your rates for filing a claim caused by an uninsured driver. The accident was not your fault. Your rates should not increase.
What if I was partially at fault?
Texas uses a modified comparative fault rule. If you were partially at fault, your recovery is reduced by your percentage of fault. If you were 51% or more at fault, you cannot recover anything.
How long do I have to file a claim?
The statute of limitations for car accident claims in Texas is two years from the date of the accident. This applies to UM claims and lawsuits against the driver. Do not wait.
Plano Uninsured Driver Accident Attorney
At Starr Law, P.C., we understand the frustration of being hit by an uninsured driver. You did everything right. You followed the law. You bought insurance. Now you are paying the price for someone else’s irresponsibility.
We help clients navigate these complex claims. We review insurance policies to identify all available coverage. We negotiate with insurance companies who try to minimize your claim. We fight for the compensation you deserve.
Do not let an uninsured driver ruin your life. You have options. We can help you find them.
If you have been hit by an uninsured driver, contact Starr Law, P.C. today for a free consultation. Call us at 214-982-1408.
References
- Texas Transportation Code, Section 601.051 (Requirement of Financial Responsibility)
- Texas Insurance Code, Article 5.06-1 (Uninsured Motorist Coverage)
