Skip to main content
Imagine getting into a car accident with an uninsured driver. In Texas, this happens far more often than most people think, and it leaves many drivers wondering how they’ll pay for medical bills, vehicle repairs, and other damages.
Texas consistently ranks among the states with a high percentage of uninsured drivers, which makes it especially important for Houston, Dallas, and San Antonio residents to understand their rights. This guide walks you through how common the problem is, what happens if you get into a car accident with an uninsured driver, and the steps you can take to protect yourself — including when it’s time to call a car accident lawyer for help.
If you’ve been injured in an accident with an uninsured driver, contact AK Law Firm for a free consultation.
How Common Are Uninsured Drivers in Texas?
Driving without insurance in Texas is a widespread problem. According to the Insurance Information Institute, about 15.4% of drivers nationwide lack insurance. In Texas, the percentage is only slightly lower, with roughly 14% of drivers uninsured — about one in seven vehicles on the road. These numbers represent significant financial risks for law-abiding drivers, who often end up paying more in premiums to offset the system-wide costs of uninsured drivers.
For Texans involved in accidents with uninsured drivers, this reality can also make recovery much more complicated. It’s one of the main reasons attorneys encourage drivers to not only carry the state’s minimum coverage but also to review additional protections like uninsured/underinsured motorist policies.
What Happens if an Uninsured Driver Hits You?
Texas follows a fault-based insurance system, which means the driver who causes an accident is legally responsible for paying damages.
Typically, their liability insurance would cover your medical bills, lost wages, and property damage. But when the at-fault driver is uninsured, recovering compensation becomes more complex. Here are the main options:
- Uninsured Motorist (UM) Claim: If you purchased uninsured motorist coverage, you can file a claim with your own insurer. This coverage steps in when the other driver cannot.
- Direct Legal Action: You may sue the uninsured driver directly. However, success depends largely on whether that driver has income or assets — many do not.
- Other Challenges: Uninsured drivers may flee the scene, deny responsibility, or lack the financial means to pay even if you win a judgment. This often leaves victims with only partial recovery.
The bottom line: If you’re facing uninsured motorist property damage in Texas, you have options—but they’re not always straightforward. This is why understanding your insurance policy and legal rights ahead of time is so critical.
What Is Uninsured Motorist Coverage?
Uninsured Motorist Coverage
Uninsured motorist coverage, often referred to as UM coverage, is an optional policy add-on that protects you when the at-fault driver has no insurance. Its companion, underinsured motorist (UIM) coverage, applies when the other driver’s liability limits aren’t enough to cover your losses.
The state requires drivers to carry minimum liability insurance in Texas, known as 30/60/25:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $25,000 per accident for property damage
Your UM/UIM coverage mirrors these minimums, which means if you add uninsured motorist protection to your policy, you’ll typically have the same 30/60/25 limits available when the other driver has none.
Why Uninsured Motorist Coverage Matters
For most drivers, the cost of UM coverage is minimal compared to its value. According to AutoInsurance.com, the median cost for uninsured motorist bodily injury coverage is about $50 per year. For property damage, it’s around $38 per year.
To put that in perspective, here’s what UM coverage can help pay for when you’re hit by an uninsured or underinsured driver:
- Medical expenses for you and your passengers
- Vehicle repairs or replacement costs
- Lost income if you can’t work during recovery
- Pain, suffering, and other non-economic damages
In Texas, insurance companies are legally required to offer UM/UIM coverage unless you decline it in writing. This means if you didn’t specifically sign a waiver, you likely already have it — and it could be critical in helping you recover after a crash.
Uninsured Motorist Property Damage
UM coverage doesn’t just cover medical bills. It can also step in to repair or replace your vehicle and personal belongings inside it. In Texas, the minimum property damage UM/UIM limit is $25,000 per accident.
This protection is especially useful in scenarios such as:
- Hit-and-run collisions where the at-fault driver flees the scene
- Road rage incidents where damages occur intentionally
- Unauthorized vehicle use where the driver behind the wheel lacks permission or coverage
Without UM property damage coverage, drivers could be left paying out of pocket, even when they did nothing wrong. Since insurers are required to offer this protection, most Texans are only a signature away from being better protected against the unexpected.
What To Do After an Accident With an Uninsured Driver
The moments right after a crash are overwhelming, but taking the right steps can make all the difference if the other driver doesn’t have insurance.
Here’s a checklist to follow if you’ve been in an accident with an uninsured driver:
- Ensure Safety & Call 911 – Get medical attention if needed and wait for law enforcement. A police report is vital for your insurance claim and any future legal action.
- Document the Scene – Take photos of the vehicles, road conditions, and any injuries. Collect contact information from witnesses.
- Exchange Available Information – Even if the other driver admits they don’t have insurance, get their name, license plate number, and vehicle details.
- Report to Your Insurer – Notify your insurance company as soon as possible to begin the UM/UIM claim process.
- Consult a Local Attorney – Laws can be complex, and insurance companies often push back. Contact AK Law Firm in our Houston, Dallas, or San Antonio office to understand your legal rights and next steps.
Legal Recourse and When to Hire an Attorney
Even when you have UM/UIM coverage, insurers may delay, undervalue, or deny claims. If your damages exceed policy limits or the insurance company won’t cooperate, legal representation becomes essential.
An experienced car accident attorney can:
- Review your policy and confirm coverage details
- Collect and present evidence of your damages
- Negotiate with insurers for a fair settlement
- File a lawsuit if needed against the at-fault driver or other liable parties
If you’re wondering whether it’s worth getting a car accident attorney, the answer is almost always yes when you’re dealing with uninsured motorists. Without representation, you risk being left with medical bills and repair costs that could have been covered.
FAQ
What if the uninsured driver flees the scene?
This is considered a hit-and-run, and your UM coverage can still apply. If you carry UM insurance, it may cover both bodily injury and property damage from the accident.
Can my passengers file a UM/UIM claim?
Yes. Passengers in your vehicle are generally eligible to recover under your UM/UIM policy if they suffer injuries in the accident.
Is uninsured motorist coverage required in Texas?
No, but state law requires that insurance companies must offer you $30,000 in minimum UM/UIM coverage. Unless you signed a written waiver rejecting it, UM/UIM coverage is automatically included in your policy.
How much UM/UIM coverage should I carry?
Many experts recommend limits higher than the Texas minimums. Since medical bills and vehicle costs often exceed 30/60/25, higher limits can provide much stronger protection.
Does property damage inside my vehicle count?
Yes. UM property damage coverage can extend to personal items damaged in the crash, such as laptops, car seats, or other valuables inside your car.
How much does UM/UIM coverage cost?
On average, adding UM/UIM coverage costs under $100 per year, making it one of the most valuable protections for the price.
What if the at-fault driver is underinsured?
UIM coverage applies when the driver has insurance, but it’s not enough to cover your total damages. Your policy can step in to pay the difference.
Can I sue an uninsured driver directly?
Yes, but results depend on whether that driver has income or assets. Many uninsured drivers don’t, which is why UM coverage is so important.
Get a Free Case Review Today
If you’ve been in an accident with an uninsured driver in Houston, Dallas, or San Antonio, don’t navigate the process alone. Our team at AK Law Firm is ready to review your case, explain your options, and fight for the compensation you need to move forward.
Contact us today to schedule your free consultation and get the legal support you deserve.
