Your own uninsured motorist coverage pays what the other driver should have paid, up to your limits, and personal injury protection covers initial medical bills. Both are part of your policy unless you rejected them in writing.
About one in seven Texas drivers is uninsured (14.5 percent in 2023, according to the Insurance Research Council), and many more carry only the 30/60/25 minimum required by Transportation Code section 601.072. The claim does not end when the other driver has nothing. It shifts to other coverage.
Insurance Code section 1952.101 requires every Texas auto insurer to offer uninsured/underinsured motorist coverage, and it is part of your policy unless you signed a written rejection. It covers you as a driver, passenger, or pedestrian. Section 1952.152 requires personal injury protection, usually $2,500, paid regardless of fault.
Other sources may apply: a policy on the car the at-fault driver borrowed, an employer’s policy if they were working, a household member’s policy that covers you, or a dram shop claim against a bar that overserved a drunk driver.
A UM/UIM claim is adversarial. Your own insurer evaluates it like any other and may dispute fault and value. Owsley Law Firm handles these claims through settlement or suit with no fee unless it wins.
What to do, step by step
- Get the other driver's name, address, plate, and any insurance card, and make sure the police report notes the lack of insurance.
- Report the crash to your own insurer and ask specifically about personal injury protection and uninsured or underinsured motorist coverage.
- Locate your declarations page to confirm the limits and whether any coverage was rejected in writing.
- Check for other sources: a vehicle owner's policy, an employer's policy, or a household member's policy.
- Do not sign a release or accept a payment from the other driver before a lawyer reviews it.
The details of uninsured motorist claims trip up many Texas policyholders. Insurance Code section 1952.106 makes the coverage pay the amount by which your damages exceed the at-fault driver's coverage, and a rejection of the coverage is valid only if it is in writing. If you never signed one, you probably have it. If your insurer says you did, ask for the signed form.
Your own insurer stands in the at-fault driver's shoes. Texas courts have held that it generally has no duty to pay UM or UIM benefits until liability and damages are determined by settlement or judgment, so the claim usually requires either the insurer's agreement or a lawsuit against the driver with your insurer involved. The two-year limitation period for the underlying injury claim applies, so waiting for the insurer to decide can be a mistake.
Hit-and-run crashes are treated as uninsured motorist claims, and when the driver is never identified, Texas Insurance Code section 1952.104 requires actual physical contact between the other vehicle and you or your vehicle. Reading the exact language of your policy matters, and the crash report should record every fact that supports the claim.
Other coverage is often overlooked. If the driver was working, the employer or its commercial policy may apply. If the driver borrowed the car, the owner's policy may cover the loss. If alcohol was involved, a dram shop claim under Alcoholic Beverage Code Chapter 2 may reach a bar's commercial coverage. And medical payments coverage, if you bought it, pays regardless of fault.
Mistakes that cost people money
- Assuming there is no claim because the other driver has no insurance.
- Letting your own insurer talk you into a quick low payment that ends the UM claim.
- Not reading your own policy for the UM/UIM limits and any written rejection.
- Waiting on your insurer while the two-year limitation period keeps running.
Related questions
Can I sue an uninsured driver personally?
Yes, but collecting from a person with no insurance is usually difficult. In practice the claim is worth pursuing mainly through your own UM coverage or any other policy that applies.
Does my UM claim raise my rates?
Texas has rules limiting rate increases for claims where you were not at fault, though the specifics depend on the policy and insurer. Ask your agent or your lawyer before assuming a claim will cost you.
Does UM cover my car damage?
Uninsured motorist property damage coverage, if included, generally pays for vehicle damage from an uninsured driver, often subject to a deductible. Collision coverage is a separate option. The policy language controls.
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