You did everything right. Someone else caused the wreck, and then you find out they have no insurance, or nowhere near enough to cover what they did to you. Take a breath. In Texas, you may still have a way to be made whole, and it might be sitting in your own auto policy.
The short answer
If the driver who hit you had no insurance or too little, your own uninsured/underinsured motorist (UM/UIM) coverage may step in and pay for your injuries, if you carry it. Most Texas drivers do, because you have it unless you specifically turned it down in writing. The catch is that collecting on it isn’t always as friendly as it sounds, which is where having someone in your corner matters.
UM vs. UIM: what’s the difference?
Uninsured motorist (UM) coverage applies when the at-fault driver had no liability insurance at all, or when a hit-and-run driver takes off and can’t be found. Underinsured motorist (UIM) coverage applies when the at-fault driver did have insurance, but their limits are too low to cover your medical bills, lost income, and other losses. In Texas the two are usually bundled together on your policy as “UM/UIM.”
Do I even have this coverage?
Probably, but check. Under Texas Insurance Code § 1952.101, your insurer has to offer you UM/UIM coverage, and you only don’t have it if you rejected it in writing. So unless you signed something turning it down, it’s likely on your policy. Pull out your declarations page (the summary page of your policy) and look for “UM/UIM” or “uninsured/underinsured motorist.” It often matches your liability limits.
Why UIM matters so much in Texas
Texas only requires drivers to carry minimum liability coverage of $30,000 per injured person, $60,000 per accident, and $25,000 for property damage (you’ll hear it called “30/60/25”). A serious crash (surgery, time off work, a long recovery) can blow past $30,000 in a hurry. When it does, and the at-fault driver only carried the minimum, your UIM coverage can be what actually pays the difference. Your PIP helps early too, paying medical bills and lost wages whoever caused the wreck (see PIP vs. MedPay).
What if it was a hit-and-run?
Your UM coverage can apply to hit-and-run and “phantom driver” crashes, too. But these claims come with strings: many policies require actual physical contact with your vehicle, or other proof spelled out in your policy, and the details matter. If you’re hit by a driver who flees, report it to the police and to your own insurer as soon as you can. That paper trail can make or break the claim.
The catch: your own insurer isn’t automatically on your side
Even though UM/UIM is your coverage that you paid for, your insurance company doesn’t just write a check. Under Texas law, before your insurer has to pay UIM, you generally have to establish that the other driver was at fault and that your damages are more than their insurance covered (Brainard v. Trinity Universal Insurance Co., 216 S.W.3d 809 (Tex. 2006)). In practice, that can mean filing a lawsuit (sometimes against your own insurance company) to pin those things down. It feels backwards, and it’s exactly the kind of fight where having a lawyer who knows the process is worth it.
The drunk-driving connection
This comes up a lot in drunk-driving crashes. Impaired drivers are, too often, the same drivers carrying no insurance or bare-minimum limits. If a drunk driver hurt you or someone you love, UM/UIM coverage may be a big part of how you recover. And because I’m an ACS-CHAL Forensic Lawyer-Scientist and a certified Drug Recognition Expert, the same intoxication science the State uses to prove a DWI is what I use to prove the other driver was impaired. If a drunk driver was involved, see our Houston drunk-driving accident page.
Don’t wait: timing matters
Two clocks are ticking. Your policy has its own notice requirements: report the crash to your insurer promptly. And separately, the deadline to file a personal-injury lawsuit in Texas is generally two years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003), though exceptions can shorten or extend it. Evidence also fades fast. The sooner someone reviews your policy and your claim, the more of your options you protect.
Frequently asked questions
Is uninsured/underinsured motorist coverage required in Texas?
No. Your insurer must offer it, but you can decline it, and you only don’t have it if you rejected it in writing. Most Texas drivers keep it, and it’s some of the most valuable coverage on a policy.
Will making a UM/UIM claim raise my rates or count against me?
You’re using coverage you paid for after someone else caused the crash. Concerns about how a claim affects your policy are common (it’s a fair question to ask your agent, and a lawyer can help you weigh it), but it shouldn’t stop you from finding out what you’re owed.
Can I use my UM/UIM coverage if I was a passenger?
Often, yes. UM/UIM coverage can extend to you in several situations, and more than one policy may apply. It turns on the policies involved, so it pays to have someone track down every source of coverage.
What if my own insurance company won’t pay my UM/UIM claim?
It happens. Because Texas law generally requires you to establish the other driver’s fault and that your damages exceed their coverage first, UM/UIM claims sometimes have to be pushed, including by filing suit. That’s a normal part of the process, not the end of the road.
How much does it cost to hire Blass Law for a UM/UIM case?
We handle injury cases on a contingency fee: no fee unless we recover for you. If we don’t recover, you don’t owe us for case expenses either.
Hurt by a driver who wasn’t insured? Call us
If you were injured by an uninsured or underinsured driver in Houston, call Blass Law at (713) 664-4000 or request a free case evaluation. We’ll read your policy, find every source of coverage, and go to bat for you, even if that means taking on an insurance company. See also our Houston car accident lawyer page.
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation.