A serious accident is already harrowing enough, but the situation is worse when you find out the person who was to blame for the wreck does not have car insurance. The dreaded part that follows the sirens as you start the hard work of physical healing is the financial part. In days, emergency room visits, diagnostic imaging, surgeries, and physical therapy can add up to tens of thousands of dollars in medical bills. If the individual responsible for your injuries isn’t covered by insurance, you may be asking yourself whether or not you’re going to pay the price for someone else’s negligence.
Sadly, this is a very typical situation throughout the Lone Star State. A rough estimate of 1 in 6 Texas drivers without required liability insurance has been made. When you’re in this frustrating situation, you need to understand that you don’t have to give up. The rules of Texas insurance and policy safeguards offer obvious paths for injured victims to receive financial compensation.
These waters are uncharted, and navigating requires strategy. Compensation from your own auto insurance carrier is likely the route to go if you are injured by an uninsured motorist, so it is important to have an experienced Texas uninsured motorist lawyer on your side in the event you need to file a compensation claim.
1. The Scope of the Uninsured Motorist Problem in Texas
In Texas, the minimum liability limits are $30,000 for bodily injury per person; $60,000 for bodily injury per accident; and $25,000 for property damage (known as 30/60/25 coverage). Millions of drivers still let their policies expire because they are too expensive, too hard on them financially, or simply forget to pay the bill. Even with these legal requirements, millions of drivers allow their policies to lapse due to increasing premiums, financial hardship, or simply failure to pay.
If the driver who caused the accident is insured, his/her liability insurance will cover your medical expenses, car repairs, and any other losses. However, if an uninsured motorist is at fault for an accident, then that source of compensation is lost. When law enforcement officers come to the scene, they will check if the driver’s insurance is up to date, and the uninsured driver may be issued traffic citations, fines—even license suspension—but not one dollar will be dedicated to your growing medical bills. You have to examine your own auto policy and other legal options to get your out-of-pocket expenses and any future medical expenses back.
2. Your First Line of Defense: Uninsured/Underinsured Motorist (UM/UIM) Coverage
The best method of paying after an uninsured or underinsured motorist is to use your personal Uninsured/Underinsured Motorist (UM/UIM) coverage.
In Texas, auto insurance carriers are legally obligated to offer UM/UIM coverage whenever you purchase a policy. In fact, it is covered automatically unless you have written to explicitly reject it. UM/UIM coverage is a particular type of insurance that fills the gap in coverage left by the at-fault driver’s lack of insurance. It can compensate you for:
- Past Medical Expenses: Hospital admissions, emergency transport, surgery, medication, diagnostic testing, and continuing physical therapy.
- Lost Wages and Earning Capacity: The replacement of wages and earning potential during a recovery period at home or in the hospital, and the loss of earning potential due to a permanent disability.
- Pain and Suffering: Compensating for the physical suffering, emotional distress, and loss of enjoyment of life you experienced due to the collision.
Because UM/UIM coverage acts as a direct replacement for the at-fault driver’s liability limits, making a claim allows you to pursue the same economic and non-economic damages you would have sought from a third-party insurer.
3. Immediate Financial Relief: Personal Injury Protection (PIP) and MedPay
While a comprehensive UM/UIM claim is being investigated, processed, and negotiated, you still need a way to keep incoming hospital bills from going into collections. Texas auto policies offer two vital forms of no-fault coverage that provide immediate breathing room:
Personal Injury Protection (PIP)
Like UM/UIM, Texas law mandates at least $2,500 in PIP coverage, and if you are not covered for this, it is added to your policy (many drivers have higher limits of $10,000 or $5,000). PIP is a “no-fault” benefit, which means that you can access it without having to determine who was responsible for the crash. It pays for your reasonable medical expenses, 80% of your lost wages and reimburses for any services you need at home.
Medical Payments (MedPay)
MedPay is an optional coverage that functions similarly to PIP, but it is strictly limited to paying direct medical, dental, and funeral expenses resulting from a car crash. Unlike PIP, MedPay does not compensate you for lost wages.
Both PIP and MedPay provide a critical financial bridge. You can use these funds immediately to pay emergency co-pays, cover health insurance deductibles, or settle urgent medical invoices while your attorney builds your broader UM/UIM injury claim.
4. Can You Sue an Uninsured Driver Directly?
Legally speaking, you are entitled to sue the uninsured person who hit you in a personal injury lawsuit. When a judge or jury decides in your favor, they will then issue a formal verdict that will require the at-fault party to compensate you for your medical expenses and any damages incurred.
However, the practical reality is often much different. It is almost always the case that drivers who drive without insurance lack the financial means to do so. In law, someone who is “judgment proof” is someone who does not have a significant income, savings, real estate, or attachable assets. Nothing can be done to collect money that a driver does not have, and getting a judgment for several thousand dollars against a financially insolvent driver is typically a win with no money to be collected.
There are, however, vital exceptions where a thorough background investigation by your legal team pays off:
- Employer Liability (Vicarious Liability): If the uninsured driver was driving for work, making a delivery, or running an errand for an employer at the time of the crash, the employer’s commercial liability policy may cover your damages.
- Permissive Use: If the driver was operating a vehicle owned by a friend, roommate, or family member, the vehicle owner’s insurance policy might attach to the collision.
5. Why Your Own Insurance Carrier Is Not Always On Your Side
Numerous drivers believe that the claims procedure is going to be cooperative and easy when they submit the claim to their own insurance company. After all, you have made your monthly payments on time for years.
The situation changes drastically when you submit a UM/UIM claim, however.
Your insurance company is essentially your legal opponent, as it takes the place of the driver without insurance. Insurance companies are business organizations that need to make profits and do everything possible to save money. Your insurance adjuster might employ common business defense strategies when presenting your medical records:
- Scrutinizing hospital billing codes and arguing that certain treatments or diagnostic tests were medically unnecessary.
- Digging through your medical history to claim that your back, neck, or joint pain was pre-existing and not caused by the crash.
- Offering a swift, lowball settlement before the full, long-term extent of your medical needs is fully diagnosed.
Having a dedicated attorney manage all communications prevents your insurer from devaluing your claim and ensures your injuries are presented with undeniable legal authority.
6. Actionable Steps to Protect Your Claim and Your Health
If you are struck by an uninsured motorist in Texas, taking immediate, deliberate steps will safeguard your physical recovery and your right to financial compensation:
- Always Call the Police: A formal Texas Peace Officer’s Crash Report is essential to definitively prove the accident occurred, document the other driver’s lack of insurance, and establish legal fault.
- Seek Medical Care Immediately: Go to an emergency room, urgent care clinic, or your primary physician the very same day. Delaying treatment gives insurance adjusters room to argue your injuries were caused by an event after the crash.
- Notify Your Insurer Promptly: Report the accident to your insurance company to comply with mandatory policy reporting deadlines, but politely decline to give a recorded statement until you have legal representation.
- Preserve All Documentation: Keep an organized file of all medical bills, diagnostic receipts, prescription costs, physical therapy logs, and written correspondence from insurance adjusters.
Frequently Asked Questions (FAQs)
Will filing an uninsured motorist claim increase my insurance rates in Texas?
No, according to the Texas Insurance Code Section 1952.151, there is no justification for auto insurance companies to increase your premiums just because you’ve filed an UM/UIM or PIP claim arising from an accident that you caused.
Does uninsured motorist coverage apply to hit-and-run accidents?
Yes. In Texas, the driver of a hit-and-run vehicle that cannot be identified is considered an uninsured motorist. But to prove that you are entitled to UM benefits for a hit-and-run, Texas law explicitly requires that you actually come in contact with the unknown vehicle or the driver of the unknown vehicle (or yourself). You are not covered under the UM if a driver has been running a car without an owner and has caused you to be ejected from the vehicle.
How long do I have to file an uninsured motorist claim in Texas?
Personal injury lawsuits against a negligent driver in Texas are governed by a two-year statute of limitations. If you make a claim for yourself on your Auto Insurance Policy to cover the cost of UM/UIM coverage, however, you are subject to the provisions of your Auto Contract which require “prompt and timely notification. The first step in the claims is to start promptly post-crash.
Schedule Your Free Case Evaluation Today
You do not have to endure the physical and emotional toll of a severe car accident while trying to navigate complex auto insurance claims and mounting hospital bills on your own. At Jones & Koch Law Firm, we take all personal injury cases on a contingency fee basis. That means you pay us nothing upfront, and we only collect a fee if we successfully secure compensation for your claim.
Take the first step toward protecting your financial future and getting the elite medical care you deserve. We invite you to schedule a free case consultation with our dedicated legal team. We will listen to your story, review your crash report and policy limits, and provide you with clear, actionable legal advice.