Hit by an Uninsured Driver in Texas: What Are Your Options?

Car Accidents · Liz Valdez Garza · 2026-10-29

Texas law requires drivers to carry liability insurance. Unfortunately, not everyone does. If you're hit by a driver with no insurance — or not enough — it can feel like there's no way to get your medical bills and lost wages covered. You may have more options than you think.

Check your own policy for UM/UIM coverage

Uninsured/underinsured motorist (UM/UIM) coverage is part of your own auto policy. It can pay for your injuries when the at-fault driver has no insurance or doesn't have enough to cover your losses.

In Texas, insurance companies must offer UM/UIM coverage, and you only go without it if you rejected it in writing. Many people have this coverage and don't realize it. Look at your declarations page or ask for a copy of any signed rejection.

Personal Injury Protection (PIP)

Texas insurers must also offer PIP coverage — at least $2,500 — unless you rejected it in writing. PIP can help pay medical bills and a portion of lost wages regardless of who caused the crash. It's often the fastest money available after an accident.

What if the other driver was underinsured?

Texas minimum liability coverage is $30,000 per injured person and $60,000 per accident. A serious injury can easily exceed that. Once the at-fault driver's policy limits are paid, your UIM coverage may cover additional damages up to your own limits.

Other possible sources of recovery

  • The vehicle owner's policy, if the driver was using someone else's car
  • An employer, if the driver was working at the time of the crash
  • Health insurance for medical bills (which may have repayment rights later)
  • The driver personally, though collecting from an uninsured individual can be difficult

Your own insurer isn't automatically on your side

A UM/UIM claim is filed with your own insurance company — but in that claim, your insurer may evaluate the case much like the other driver's insurer would. It may dispute fault or the value of your injuries. Treat it carefully and keep good records.

Steps to take

  1. Call the police and get the crash report.
  2. Get the other driver's information, even if they say they have no insurance.
  3. Notify your own insurance company promptly.
  4. Get medical care and keep records.
  5. Talk to an attorney before signing anything.

If you were hurt and have questions, Attorney Liz Valdez Garza can help. Call 866-LA-LEONA for a free consultation, or use the case review form on this page. Hablamos español.

Frequently Asked Questions

Will a UM claim raise my insurance rates?

Texas law generally limits insurers from raising rates or canceling policies for claims where you were not at fault, but details depend on your situation and policy.

How do I know if I have UM/UIM coverage?

Check your policy declarations page. In Texas, you have it unless you rejected it in writing, so ask your insurer for any signed rejection form.

Valdez Garza Law Firm, P.C. · 1105 East 6th Street, Brownsville, TX 78520 · 866-LA-LEONA (866) 525-3662