Hit by an Uninsured Driver in Texas? Here's What Actually Happens Next
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Hit by an Uninsured Driver in Texas? Here's What Actually Happens Next

Published on: July 17, 2026   |   Author: Naba Arshad

The unfortunate truth is that the state of Texas has one of the highest rates in the country for uninsured drivers, which leaves many accident victims wondering: what happens if an uninsured driver hits you? If you or a loved one are dealing with the medical bills and financial aftermath from an accident, then the steps that you take in the first few days and weeks will really make a difference in what you can recover.

How Common Is It? Uninsured Drivers are on the Roads

While it’s difficult to dial in the exact numbers, industry estimates show that around 1 out of every 8 drivers in Texas is on the road without insurance. Additionally, there are many other drivers who have the minimum liability limits on their insurance coverage, which actually isn’t enough to cover a serious injury. So, if you are hit by a driver who is either uninsured or underinsured, then it could leave you with serious financial consequences during your recovery.

Because of this gap, it’s smart to make sure that you add uninsured/underinsured motorist coverage to your own policy. That way, if you are in an accident, you still have access to insurance support even if the driver-at-fault doesn’t have sufficient insurance coverage.

Also, if you have already been in a car accident with no insurance drivers involved, then it’s critical that you contact a personal injury attorney as soon as possible. You deserve to have a legal advocate who will fight for your rights.

What to Do in the First Hours After an Accident

The first step is to call 911 right away. Not only do you need to get medical support, but it’s also critical to ensure that you have a police report on file to document the accident. Even if it seems like a minor accident and maybe even unnecessary in the moment, always call the police so that the accident is on record.

If possible, make sure to take photos of everything that might be relevant to your claim:

  • Your vehicle
  • The other vehicle(s) involved
  • License plates
  • The accident scene
  • Any visible property damage
  • Injuries

 

When you are still on the scene, never accept any cash. Don’t sign anything that the other driver gives you. The other person might be trying to make an informal side deal, and this approach rarely holds up and could cause complications for your insurance claims.

What Coverage Actually Pays for Damage and Injuries

There are several options available for covering your damages if you are hit by an uninsured driver in Texas. It’s best to consult with an experienced accident attorney to determine the best approach for your claim. Options might include:

  • Uninsured/Underinsured Motorist (UM/UIM) Coverage: This coverage is through your own insurance policy, and it activates when the at-fault driver is unable to pay for your injuries and damages. Is uninsured motorist coverage required in Texas? The good news is that in the state of Texas, insurers are required to offer UM/UIM coverage in writing. If you haven’t formally rejected this coverage, then there’s a high likelihood that you have it as part of your policy.
  • Personal Injury Protection (PIP): This coverage might also apply to help with the initial medical costs immediately after the accident. Check your insurance to see what is available.
  • Other Liable Parties: In certain situations, there might be other liable parties with insurance coverage. For example, if the at-fault driver was on the job at the time of the accident, then their employer might have an insurance policy to cover the accident.

Why Your Own Insurer Can Be Complicated

It’s important to understand that if you file an uninsured motorist claim, then it’s technically a claim that you are filing against your own insurance policy. So, understand that the insurer might not have the same motivations as you since they are trying to minimize their out-of-pocket costs.

Too often, the process of getting a settlement through an UM/UIM policy is more complicated than people realize, especially when there are serious injuries as a result of the accident. So, it’s best to get legal advice before giving any recorded statements, even if you are working with your own insurer. Our legal team can help you navigate the situation correctly to ensure that you get the maximum coverage possible.

Mistakes That Cost Texas Drivers Real Money

Sometimes we see situations where accident victims make seemingly innocent mistakes, causing them to miss out on available compensation. Some of the most common mistakes to avoid include:

  • Never give a recorded statement to any insurance representative without first consulting with an experienced accident attorney.
  • Avoid signing a broad medical authorization without limits, because it allows the insurer to dig deeper into your medical history in an attempt to find reasons to reduce your settlement.
  • Don’t accept the first settlement, especially since the first offer is usually a low-ball amount. You have two years to file, and it’s worth taking your time if you haven’t fully resolved your injuries yet. An experienced attorney can help with the negotiations to maximize your compensation.

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Frequently Asked Questions

What happens if I'm hit by an uninsured driver in Texas?
Typically, your own uninsured motorist coverage will kick in, providing you with an option to recover damages after the accident.
In the state of Texas, insurers are required to offer uninsured motorist coverage in writing. Unless you rejected this coverage (in writing), then it likely means that you have this coverage.
Yes, you have the option to sue an uninsured driver, but it’s much harder to collect a settlement from an individual, especially if they have no insurance and limited assets. A standard insurance claim is a simpler way to get a settlement.
If the at-fault driver fled the scene, then it typically triggers your uninsured motorist coverage. You might still be able to receive a settlement, even when there is no identified driver.