Hit By An
Uninsured Driver
In Texas

📅 Updated March 24, 2026
⏱ 7 min read
📍 Texas

Being hit by an uninsured driver in Texas is frustrating — but you are not without options. Texas has specific insurance coverages and legal mechanisms designed to help victims of uninsured drivers recover compensation. Here is exactly what to do.

Your Options After An Uninsured Driver Accident

Uninsured Motorist (UM) Coverage

If you purchased Uninsured Motorist coverage on your own policy, it will pay for your injuries and damages when the at-fault driver has no insurance. Texas insurers must offer UM coverage — you must reject it in writing not to have it. This is often your best and fastest source of recovery.

Underinsured Motorist (UIM) Coverage

If the at-fault driver has some insurance but not enough to cover your damages, your own Underinsured Motorist coverage kicks in to cover the gap. UIM is one of the most valuable and underutilized coverages in Texas.

Personal Injury Protection (PIP)

Your PIP coverage pays medical expenses and 80% of lost wages regardless of the at-fault driver's insurance status. PIP provides immediate relief while other coverage options are being pursued.

Suing the uninsured driver directly

You can sue an uninsured driver directly but collecting a judgment against someone with no insurance or assets is often difficult. An attorney can investigate the driver's assets and determine whether a direct lawsuit is worthwhile.

20%
Of Texas drivers are uninsured
$30K
Texas minimum liability requirement
$0
Upfront cost for legal help

⚠️ Do Not Settle With Your Own Insurer Too Quickly

Even when making a UM or UIM claim against your own insurance company, your insurer's interests are not perfectly aligned with yours. They want to pay as little as possible. An attorney protects your rights even in claims against your own insurance company.

💡 Check Your Declarations Page Now

Pull out your auto insurance declarations page and look for UM/UIM coverage. If you have it you are in a much better position than you think. The amounts typically range from $25,000 to $100,000 or more per person depending on your policy.

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Frequently Asked Questions

What do I do if an uninsured driver hit me in Texas?
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Call 911 and get a police report documenting the at-fault driver's lack of insurance. Seek medical attention. Contact your own insurance company to report the accident and check for UM/UIM coverage. Contact a personal injury attorney before accepting any settlement offers.
Can I recover money if the driver who hit me has no insurance?
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Yes. If you have Uninsured Motorist coverage on your own policy, it will pay your damages. PIP coverage also pays regardless of the other driver's insurance. You can also sue the driver directly though collection may be difficult. An attorney can identify all available sources of recovery.
Does Texas require uninsured motorist coverage?
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Texas requires insurers to offer UM coverage but you can reject it in writing. Many Texas drivers unknowingly rejected UM coverage when they purchased insurance. Check your declarations page to confirm whether you have UM/UIM coverage.
How much is an uninsured motorist claim worth in Texas?
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Your recovery is limited by your own UM/UIM policy limits and any assets the at-fault driver has. If you have $100,000 in UM coverage and your damages exceed that amount, you may recover up to $100,000. An attorney can maximize recovery from all available sources.
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