Key Takeaways
- Your own uninsured/underinsured motorist coverage can pay when the at-fault driver has no insurance or too little.
- Texas insurers must include UM/UIM coverage in auto policies unless a person named on the policy rejects it in writing.
- You can sue an uninsured driver directly, but collecting a judgment from that driver is often difficult.
- Texas generally requires a personal injury lawsuit to be filed within two years of the crash.
- Your own insurer may dispute fault and damages, raising the same arguments the at-fault driver could raise.
- A police report, prompt medical care, and photographs help document an uninsured driver claim from the start.
After a crash with an uninsured driver, the first question is usually: Who pays for this? In most cases, the answer is your own uninsured/underinsured motorist (UM/UIM) coverage, and in some situations, the driver who caused the wreck. The full picture of what happens if you’re hit by an uninsured driver depends mostly on the coverage you carry and the facts of the collision. At Reed & Terry Law Firm, we help injured drivers in Sugar Land and across Fort Bend County work through each of those factors.
Sometimes the path is straightforward. Other claims are considerably more complicated: the coverage may have been rejected years ago, fault may be disputed, or your own insurer may question how badly you were hurt. Speaking with a Sugar Land car accident lawyer early can protect your claim before those disputes take shape.
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Who Pays When the Driver Who Hit You Has No Insurance?
In most cases, your own auto policy pays. When an uninsured driver causes the crash, uninsured motorist coverage can pay for medical bills, lost wages, and car repairs, while collision coverage offers another way to fix your vehicle.
Collision coverage pays for vehicle repairs, and if your policy includes medical payments or personal injury protection (PIP) coverage, either one can help with medical bills. These coverages have limits, though, and they may not stretch far enough when a vehicle is expensive to repair, or an injury requires long-term care. UM/UIM protection reaches further because it pays for losses the at-fault driver should have covered, including injuries to the body, the mind, and your emotions, not just damage to the car. When the other motorist has no insurance at all, UM/UIM usually becomes the main source of recovery. How much it helps depends on what your policy includes and whether the coverage is still in place.
What Your UM/UIM Coverage Pays for in Texas
| Coverage Type | When It May Help |
|---|---|
| Uninsured Motorist (UM) | When the at-fault driver has no insurance. It may also apply to qualifying hit-and-run crashes when the driver cannot be identified. |
| Underinsured Motorist (UIM) | When the at-fault driver has insurance, but the available liability coverage is insufficient to cover your losses. |
| Collision Coverage | May help pay for damage to your vehicle, depending on your policy. |
| Personal Injury Protection (PIP) and Medical Payments | May help cover medical expenses, depending on your policy and the coverage you carry. |
Coverage, limits, deductibles, and eligibility depend on your policy and the circumstances of the crash. Review your policy to understand which benefits may apply.
UM/UIM is part of your own policy, not the other driver’s. It protects you when the driver who caused your crash cannot pay for the harm. Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance. When that driver carries a policy with limits too low to cover your losses, underinsured motorist (UIM) coverage picks up the difference.
State law treats this protection as a default part of auto insurance. Texas Insurance Code § 1952.101 requires UM/UIM coverage in every Texas auto liability policy unless a person named on the policy rejects it in writing, and that rejection carries into renewals until the policyholder asks for it again in writing.
Do you actually have this coverage? Many drivers signed a rejection form on a policy application without realizing what they gave up. Before drawing any conclusions, we review the declarations page, which lists your coverages and limits, along with any signed rejection. The policy documents, not assumptions, should answer that question.
According to the Texas Department of Insurance, UM/UIM coverage carries a $250 deductible and pays for:
- car repairs and property inside the vehicle;
- a rental car if you need one;
- medical bills for you and your passengers;
- pain and suffering; and
- diminished value when the car is worth less after the accident.
By comparison, a collision deductible is likely much higher. UM/UIM also applies after a hit-and-run accident when the driver cannot be found, and because it pays what the at-fault driver would have owed you, lost wages from your injuries can be part of the recovery.
Underinsured motorist claims involve a driver who has some coverage, just not enough. When the at-fault driver’s policy runs out before your medical bills stop, UIM covers the difference, up to your own limits. Many policies also require your insurer’s consent before you settle with the other driver’s company.
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No Upfront Fees (888) 576-4669Can You Sue an Uninsured Driver in Texas?
Yes, you can file a personal injury lawsuit against an uninsured driver who caused your crash, even when that driver has no insurance at all.
But the real question is not simply whether you can sue. It is whether a judgment against that driver will ever turn into payment.
Many drivers who skip insurance lack the income or assets to pay a significant judgment. A lawsuit can still make sense when the driver owns property or earns steady wages, or when your UM/UIM limits fall short of your losses. We weigh those facts before recommending a lawsuit, because a court award the driver cannot pay does little to cover medical bills.
The investigation should also look beyond the person behind the wheel. If the driver was on the job when the crash happened, the employer may be responsible for the employee’s negligence. If someone loaned a vehicle to a driver they knew was unlicensed or reckless, the owner may face a claim for negligent entrustment, which means handing the keys to someone the owner should have known was unsafe. Either situation can open another place to recover money. The goal is not to name every possible defendant, but to identify the people or companies legally responsible and able to pay.
Whichever party you pursue, Texas Civil Practice and Remedies Code § 16.003 generally requires a personal injury suit to be filed within two years of the day the claim arises. For most car crash injuries, that clock starts on the day of the wreck. Waiting until the deadline approaches leaves little time to investigate, and much of what makes a claim strong happens in the first few days after the collision.
What to Do After a Crash With an Uninsured Driver in Sugar Land
A collision involving an uninsured driver calls for the same care as any other wreck, with a few extra precautions:
- Call the police and ask how to get the car accident report, which can confirm the other driver’s identity and insurance status.
- See a doctor the same day. Even injuries that seem minor need records linking them to the crash.
- Photograph the vehicles, license plates, the scene, and your visible injuries before anything is moved or repaired.
- Collect the other driver’s name, license number, and contact details, along with information for any witnesses.
- Notify your own insurance company promptly, and check your policy for any deadline to report a UM/UIM claim.
- Avoid giving a detailed recorded statement, even to your own insurer, until you understand your coverage.
- Keep every medical bill, repair estimate, and record of missed work.
If the other driver has some insurance, do not sign a release, a document that ends your claim, or accept a settlement from that company before speaking with your own insurer and an attorney. Settling too early can put your UIM benefits at risk. Most people in this position worry about missing work, getting quality health care, and dealing with the insurance companies. At Reed & Terry Law Firm, we take care of those concerns from the start, including the timing of any settlement with the other driver’s insurer.
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No Upfront Fees (888) 576-4669When Your Own Insurance Company Pushes Back
A UM/UIM claim goes to your own insurer, which leads many people to expect a friendly process. Once you file, though, your insurance company takes the uninsured driver’s side of the case and can raise the same arguments the driver could raise in a lawsuit.
Understanding what happens if you’re hit by an uninsured driver means preparing for that shift. Your insurer may argue you share blame for the crash. Texas follows a system known as proportionate responsibility, so a finding that you were 20% at fault would generally reduce your recovery by that 20% share. If your share is greater than 50%, you cannot recover at all. Adjusters may also question whether your treatment was necessary or whether an injury existed before the collision.
Even when fault seems clear, Texas courts have held that an insurer generally is not obligated to pay UIM benefits until it is clear the other driver caused the crash and how much your losses are worth. In practice, that can mean a long negotiation, and in some cases a lawsuit against your own insurance company.
The insurance company typically has lawyers working on your claim from the day of the crash, and those lawyers answer to the insurer, not to you. Our attorneys are trial lawyers. If we are unable to reach a satisfactory settlement, we are prepared to take your case all the way to a jury trial. Hiring a personal injury firm is how you level the playing field.
Hit by an Uninsured Driver in Sugar Land? Call Reed & Terry Today
Call (281) 491-5000 today for a free consultation with Reed & Terry Law Firm, serving injured drivers in Sugar Land, Missouri City, Richmond, Katy, and the greater Houston area. If you are still wondering what happens if you’re hit by an uninsured driver, our attorneys can review your policy, investigate the crash, and deal with the insurance companies while you focus on your recovery. We can also help you find a good doctor to treat your injuries in the meantime. The sooner we start, the more evidence we can preserve for your claim.
When you’ve been injured because of someone else’s negligence, you deserve experienced legal guidance from attorneys who understand what’s at stake. The attorneys at Reed & Terry Law Firm have spent decades helping injury victims across Sugar Land, Fort Bend County, and throughout Texas pursue the compensation they deserve. Through personalized representation, thorough case preparation, and dedicated advocacy, our team works to protect your rights while helping you move forward with confidence. Learn more about our attorneys or schedule your free consultation today.