If you’re hit by an uninsured driver in Texas, you can still potentially recover compensation for your injuries and vehicle damage. In Texas, the legal options for financial recovery generally include filing an uninsured motorist claim if you have uninsured motorist (UM) coverage, filing a personal injury lawsuit against the at-fault driver, or using medical payments (MedPay) or personal injury protection (PIP) coverage to pay initial medical bills while your claim develops.
An experienced car accident lawyer can help you determine which path applies to your situation and pursue every source of recovery at once. Texas has one of the highest uninsured driver rates in the country. In 2025, around 11.9% of Texas drivers were uninsured. That equals roughly one in 7 vehicles on the road. The odds of being in an accident with an uninsured driver in San Antonio, Bexar County, or anywhere else in Texas are higher than most drivers realize.
Why There Are So Many Drivers Without Insurance in Texas
Texas law requires drivers to carry liability insurance. However, gaps in enforcement, lapsed insurance policies, and rising insurance premiums mean a major chunk of drivers don’t have car insurance at all.
The TexasSure verification system helps flag insurance gaps, but it doesn’t prevent an uninsured driver from causing a wreck before the lapse is detected. When an uninsured driver also doesn’t have any assets, victims are often left to cover medical bills and vehicle repair costs out of pocket unless they have the right insurance coverage or legal help.
Is Uninsured Motorist Coverage Required in Texas?
Texas insurance companies must offer uninsured and underinsured motorist coverage on every auto policy. UM/UIM coverage is also automatically included unless the policyholder rejects it in writing under Texas Insurance Code Section 1952.101.
This means many Texas drivers actually have uninsured motorist coverage without realizing it. Again, verbal declines aren’t valid. Courts have applied the coverage by default when there isn’t a signed rejection.
If you’ve been injured in a crash with an uninsured driver in Texas, our attorneys will check your declarations page.
Underinsured motorist coverage, often bundled with uninsured motorist coverage, applies when the at-fault driver carries car insurance but doesn’t have enough to cover your medical bills and lost wages.
Texas minimum liability insurance coverage limits haven’t increased since 2011. So, even insured at-fault drivers often carry too little insurance coverage for a serious car accident, particularly in highway-speed collisions in Bexar County.
What to Do After Being Hit by an Uninsured Driver in Texas
After you’ve been hit by an uninsured driver, call the local police and get a crash report. You need to do this even for a relatively minor collision, as some car accident injuries are delayed.
Exchange information with the other driver, but don’t assume the insurance information provided is accurate or current. Photograph the vehicles, the road conditions, and any visible injuries. Get looked at by a medical professional quickly. Medical records tie your injuries to the crash and support any later claim.
Report the accident to your own insurance company as soon as possible. Most UM policies require prompt notice. Do NOT give a recorded statement to any insurance adjuster, including your own, before speaking with an attorney. What you say early in a UM claim can be used to limit what your own insurer later agrees to pay.
Your Legal Options When the At-Fault Driver Has No Insurance in Texas
Filing a Claim Under Your Own UM Coverage
If you carry UM coverage, you file a claim directly with your own insurer rather than the at-fault driver’s company, since that driver has none. Your insurer then steps into the at-fault driver’s shoes for purposes of paying your damages, up to your policy limits. These claims can become adversarial quickly, since your own insurer has a financial incentive to minimize what it pays.
Suing the Uninsured Driver Directly
You can also file a personal injury lawsuit against the uninsured driver individually. This route lets you pursue full compensation, including pain and suffering, without a policy limit capping the recovery. The practical challenge is collectability: a judgment is only as valuable as the driver’s ability to pay it, whether through wages, property, or other assets. An attorney can investigate whether the driver has assets worth pursuing before committing to this path.
Hit-and-Run and Phantom Vehicle Claims
A San Antonio hit and run lawyer can help preserve evidence quickly in these cases, since witnesses and surveillance footage disappear fast. UM coverage generally extends to hit-and-run collisions where the driver fled the scene, provided there is physical contact and a timely police report. Phantom-vehicle claims, where another car forces you off the road without contact, typically require an optional endorsement and independent corroborating evidence, such as a witness or dashcam footage.
PIP and MedPay for Immediate Medical Bills
Personal injury protection and medical payments coverage pay medical bills and, in the case of PIP, a portion of lost income, regardless of who caused the crash. These coverages can bridge the gap while a UM claim or lawsuit against the uninsured driver is pending, and any amount paid does not need to be repaid out of your eventual settlement in most cases.
San Antonio and Bexar County Uninsured Driver Accidents
Uninsured driver crashes are a persistent problem on high-traffic San Antonio corridors, including I-35, I-10, Loop 410, and US-281, where dense commuter traffic and frequent lane changes create heightened collision risk. Bexar County courts, including the District Courts and County Courts at Law, regularly handle personal injury and UM disputes arising from these crashes.
Local hospitals and trauma centers, including University Hospital and Baptist Medical Center, see a steady flow of patients injured by uninsured or underinsured drivers each year.
Firms based in San Antonio are positioned to investigate these crashes quickly, pull traffic camera and crash report data from local law enforcement, and handle UM disputes with insurers licensed to do business in Bexar County.
How Long Do You Have to File a Claim Against an Uninsured Driver in Texas
Texas law generally gives injury victims two years from the date of the crash to file a personal injury lawsuit, under Texas Civil Practice and Remedies Code Section 16.003. UM claims filed with your own insurer often carry separate, policy-specific deadlines for notice and for filing suit against your insurer, so missing an insurance deadline can bar a claim even within the broader two-year window. Confirming both deadlines early protects your right to recover.
Frequently Asked Questions
What if the uninsured driver who hit me has no assets?
If the at-fault driver has no meaningful assets or income to collect against, a judgment against them individually may be difficult to enforce. In these cases, UM coverage, PIP, MedPay, and any other available insurance become the more realistic paths to recovery, which is why confirming your own coverage early matters.
Does my insurance rate go up if I file a UM claim through no fault of my own?
Texas law limits an insurer’s ability to raise your rates or cancel your policy solely because you filed a UM claim for an accident that was not your fault. Insurers can still consider other factors when your policy renews, so it is worth reviewing your policy renewal terms with an agent or attorney.
Can I still recover damages if I did not have UM coverage?
Yes. You can pursue a lawsuit directly against the uninsured driver, and depending on the facts, other parties may share liability, such as an employer if the driver was working, or a vehicle owner who negligently allowed an uninsured driver to use the car. An attorney can evaluate whether any other insurance applies to your specific crash.
If an uninsured driver hit you in San Antonio or anywhere in Texas, an experienced personal injury attorney can identify every source of available coverage, handle communications with your own insurer, and pursue the at-fault driver directly when it makes sense.
Contact Janicek Law or call 210-366-4949 for a free consultation to discuss your legal options.
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