An Uninsured Driver Hit Me in Texas: What Do I Do?
If an uninsured driver hit you in Texas, you can still recover compensation: your own 'uninsured / underinsured motorist' (UM/UIM) coverage can pay for your injuries and damages, even though the other driver was at fault. Check your policy, get medical care, and don't accept that 'nothing can be done.'
You got hit, it wasn't your fault, and then comes the worst news: the other driver has no insurance. In Texas this happens more than you'd think — many drivers are on the road with no policy or with a minimum that doesn't cover much. But the at-fault driver having no insurance doesn't mean you're out of options. Here's what to do.
First: what counts as 'uninsured' in Texas?
There are two different situations, and both have a solution:
- Uninsured driver: has no liability policy at all.
- Underinsured driver: does have insurance, but the limit is so low it can't cover all your injuries and damages.
In both cases, the key piece is a coverage on your own policy called UM/UIM (uninsured/underinsured motorist).
Your UM/UIM coverage: your best ally
UM/UIM coverage is part of your own auto policy and is designed for exactly this: it pays for your injuries and damages when the at-fault driver can't. What matters:
- 1It covers your medical bills, lost wages, and, in many cases, pain and suffering.
- 2It applies even if the at-fault driver flees and is never identified (hit and run).
- 3Using it should NOT raise your premium for an accident that wasn't your fault.
In Texas, insurers are required to OFFER you UM/UIM coverage. If you didn't reject it in writing when you bought your policy, you very likely have it — even if you don't remember. It's worth checking.
Why your own insurer may fight your claim
Here's the part that surprises many: when you claim your UM/UIM coverage, your own insurer becomes the party paying — and it will try to pay as little as possible, just like any insurance company. They may downplay your injuries, delay the process, or make a low offer. You are not required to accept the first thing they offer.
- 1Don't give a recorded statement without understanding your rights.
- 2Don't accept the first offer without knowing your case's real value.
- 3Don't sign anything that closes your claim before you finish medical treatment.
Step by step after the crash
- 1Call 911 and report the accident — the police report is key, especially if the other driver fled.
- 2Photograph everything: the cars, the scene, and if you can, the other driver's plate.
- 3Seek medical care immediately, even if you feel fine.
- 4Notify your insurer, but be careful what you state.
- 5Talk to a lawyer before accepting any settlement from your own policy.
Don't let a lack of health insurance stop you. At Ruiz & Associates we connect you with doctors who treat you now and get paid from your final settlement. You pay nothing out of pocket, and your documented treatment strengthens your claim.
What if I don't have insurance either?
You may still have options. Depending on the case, you could pursue other liable parties or explore other avenues of recovery. Every situation is different — that's why it's worth reviewing your case with a lawyer before giving up.
With more than 30 years of experience in Texas courts, Ruiz & Associates knows how to fight these cases — even against your own insurer — so you get what you deserve. We serve Eagle Pass, Maverick County, San Antonio, and all of Texas. We work on contingency: you pay nothing unless we win your case.
Frequently asked questions
Can I recover money if the driver who hit me has no insurance?+
Yes. If you have uninsured/underinsured motorist (UM/UIM) coverage on your policy, it can pay for your injuries and damages even though the at-fault driver has no insurance. A lawyer can review your policy to confirm.
What if the driver fled and I don't know who it was?+
Your UM/UIM coverage generally applies to hit-and-run crashes too, even if the at-fault driver is never identified. The police report is important in these cases.
Will using my own insurance raise my premium?+
Using your UM/UIM coverage for an accident that wasn't your fault normally shouldn't raise your premium. If your insurer tries to penalize you, a lawyer can help.
How much does it cost to consult with you?+
Nothing. The consultation is free and confidential, and we work on contingency: you only pay if we win your case.
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This article is for informational purposes only and does not constitute legal advice. Every case is different; past results do not guarantee future outcomes. Reading this content does not create an attorney-client relationship.