It’s a scenario no driver wants to imagine, yet it’s a distressingly common reality on Texas roads. You’re involved in a car wreck, you’re injured, your vehicle is damaged, and you discover the at-fault driver has no auto insurance. In a state where there is still a significant percentage of uninsured drivers, this situation can leave you feeling overwhelmed and uncertain about your financial recovery.

This guide from our experienced team of Texas car accident attorneys will provide a detailed look at your legal options, the relevant laws that govern your situation, and the crucial steps you should take to protect your rights and pursue the compensation you need.

Your Primary Shield: Uninsured/Underinsured Motorist (UM/UIM) Coverage

The most critical protection in this scenario is a component of your own auto insurance policy: Uninsured/Underinsured Motorist (UM/UIM) coverage.

Under the Texas Insurance Code §1952.101, all auto insurance providers in Texas are legally required to offer UM/UIM coverage to their policyholders. To opt-out, you must actively reject this coverage in writing. If you have not signed a formal rejection, you likely have this vital protection. But, we advise that you should always check you policy and make sure you have UM/UIM coverage.

What exactly does UM/UIM coverage provide?

This coverage is designed to function as the insurance the at-fault driver should have had. It is broken down into two main parts:

• Uninsured Motorist (UM) Coverage: This applies when the at-fault driver is identified but has no liability insurance, or when you are the victim of a hit-and-run and the driver cannot be located.
• Underinsured Motorist (UIM) Coverage: This applies when the at-fault driver has insurance, but their policy limits are insufficient to cover the full extent of your damages. For instance, if your medical bills total $75,000 and the at-fault driver only carries the Texas minimum liability of $30,000 for a single injured person (Texas Transportation Code §601.072), your UIM coverage can step in to cover the remaining $45,000, up to your policy limits.

What Damages Are Covered?

UM/UIM coverage in Texas can compensate you for a wide range of damages, similar to what you could have recovered from the at-fault driver’s policy. This includes:

• Medical Expenses: All reasonable and necessary medical bills, from the initial emergency room visit to ongoing physical therapy and future anticipated medical care.
• Lost Wages: Compensation for the income you lost while unable to work due to your injuries.
• Loss of Earning Capacity: If your injuries permanently affect your ability to earn a living, this can provide compensation for your diminished future income.
• Pain and Suffering: Compensation for the physical pain and emotional distress you have endured because of the accident.
• Physical Impairment: Damages for the loss of enjoyment of life and the inability to partake in activities you previously enjoyed.
• Property Damage: This portion of your UM/UIM coverage, often called “UMPD,” covers the cost of repairing or replacing your vehicle. Be aware that Texas Insurance Code §1952.108 mandates a statutory $250 deductible for all UMPD claims.

Don’t Forget Personal Injury Protection (PIP)

Another crucial layer of protection offered in Texas is Personal Injury Protection (PIP). Similar to UM/UIM, insurers must offer PIP coverage, and it must be rejected in writing (Texas Insurance Code §1952.152). And, in the same way, we always recommend you carry PIP on your policy.

The key benefit of PIP is that it is “no-fault” coverage. This means you can access these benefits regardless of who was at fault for the accident. PIP typically covers 80% of your medical bills and lost wages up to your policy limit. Making a PIP claim can provide immediate financial relief while your larger UM claim is being processed.

The Legal Steps to Take After a Wreck with an Uninsured Driver

1. Prioritize Safety and Call 911: Ensure everyone is safe and report the accident to the police immediately. A police report is invaluable evidence that documents the circumstances of the crash and the other driver’s lack of insurance.
2. Gather Crucial Information: Obtain the other driver’s name, address, phone number, and license plate number. Note the make, model, and color of their vehicle. If there are witnesses, get their contact information as well.
3. Seek Immediate Medical Attention: Your health is paramount. Prompt medical evaluation documents your injuries and links them directly to the accident, which is essential for your claim.
4. Notify Your Insurance Company: Report the accident to your own insurer as soon as possible. Inform them clearly that the other driver is uninsured or that it was a hit-and-run. Be cautious in your statement and stick to the facts.
5. Document Everything Meticulously: Create a file and keep detailed records of all accident-related expenses, including medical bills, co-pays, prescription costs, vehicle repair estimates, and a log of your missed workdays.

Understanding the Statute of Limitations

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code §16.003). While a UM/UIM claim is contractual, it is tied to your ability to bring a claim against the at-fault driver. Therefore, it is critical to act promptly to preserve your legal rights. Waiting too long can result in the forfeiture of your ability to recover any compensation.

The Challenge of Suing an Uninsured Driver Directly

While you have the legal right to file a lawsuit directly against the uninsured, at-fault driver, this path is often fraught with challenges. The reality is that a driver who cannot afford insurance is unlikely to have the personal assets (like property or savings) to satisfy a court-awarded judgment. While a judgment can be obtained, the process of actually collecting the money can be long, difficult, and ultimately unsuccessful. This is precisely why carrying adequate UM/UIM and PIP coverage is so essential for your own protection.

How a Car Accident Attorney is Your Strongest Advocate

Navigating the complexities of a UM/UIM claim can be surprisingly adversarial. Your own insurance company may employ tactics to minimize your payout, such as questioning the severity of your injuries or the necessity of your medical treatment.

An experienced Texas car accident attorney can be your essential ally by:

• Conducting a Thorough Investigation: We will gather all necessary evidence, including the police report, medical records, and witness statements, to build a robust claim.
• Managing All Communications: We will handle all negotiations with your insurance company, protecting you from adjusters’ tactics and ensuring your claim is presented effectively.
• Maximizing Your Recovery: We understand how to value all aspects of your claim, including intangible damages like pain and suffering, to fight for the full compensation you deserve under Texas law.
• Meeting All Legal Deadlines: We will ensure all claims and potential lawsuits are filed within the strict statute of limitations.
• Filing a Lawsuit: If your insurer refuses to make a fair settlement offer, we will not hesitate to file a lawsuit and advocate for your rights in court.

Being injured in an accident caused by an uninsured driver can feel like a legal and financial dead end. However, by understanding your rights under the Texas Insurance Code and taking swift, decisive action, you can secure the resources you need to recover. If you find yourself in this situation, contact our office for a free, no-obligation consultation to discuss the specifics of your case.