The Short Answer…
If you’ve been in a car accident with an uninsured driver, you still have options, even though the at-fault driver doesn’t carry insurance. You may be able to recover compensation through your own policy, pursue a lawsuit, or get legal help to hold the uninsured driver accountable. At Braker White, we help West Texas drivers navigate these difficult situations and fight for the compensation they may be entitled to after an accident.
Key Takeaways
- Texas requires drivers to carry minimum liability insurance, but many still drive uninsured—leaving others at risk.
- Uninsured motorist (UM) coverage on your policy can pay for medical bills, lost wages, and car damage.
- You can sue an uninsured driver, though collecting compensation may be difficult if they lack assets.
- Your own insurance policy may offer additional help through PIP, MedPay, or collision coverage.
- Working with a car accident lawyer gives you the best chance to recover full compensation after being hit by an uninsured driver.
Table of Contents
- Immediate Steps to Take If You Were Hit By an Uninsured Driver
- Insurance Options After a Car Accident With an Uninsured Driver
- Pursuing Legal Action Against an Uninsured Driver
- Consequences for the Uninsured Driver
- Don’t Face an Uninsured Driver Claim Alone—Get Legal Support
- Uninsured Driver Accident FAQs
- Hit by an Uninsured Driver? We’re Ready to Help
Immediate Steps to Take If You Were Hit By an Uninsured Driver
Taking the right actions immediately after a car accident with an uninsured driver can protect your health, preserve your legal rights, and strengthen your chances of recovering compensation. Here are 4 important steps to take at the scene and shortly after:
Move your vehicle to a safe location if possible and check for injuries. Call 911 immediately to request police and medical assistance, even if the crash seems minor. Some injuries, like concussions or soft tissue damage, may not show symptoms right away. Prompt medical care also helps document injuries for your claim.
Always involve law enforcement, especially when the other driver doesn’t have insurance. A police report provides an official, unbiased account of the accident and is essential when filing an uninsured motorist (UM) claim or pursuing legal action.
Document the scene thoroughly. Exchange information with the other driver, including:
- Name, phone number, and address
- Driver’s license number
- License plate number
- Vehicle make and model
Even if they admit to being uninsured, ask for their policy number to confirm. Photograph each vehicle, skid marks, traffic signs, road conditions, and injuries. Also, gather:
- Witness statements and contact info
- Badge number and name of the responding officer
- A copy or number of the police report
Uninsured drivers may try to offer you money at the scene to avoid legal trouble. No matter how tempting it may seem, don’t accept it. This could:
- Void your right to file a UM claim
- Undermine your credibility later
- Cause you to accept far less than your damages are worth
Before agreeing to anything or making statements to the other driver or your insurance company, it’s wise to speak with an attorney. A lawyer can protect your rights, handle communications with insurers, and help you avoid mistakes that could reduce your potential compensation.
Insurance Options After a Car Accident With an Uninsured Driver
Even if the at-fault driver doesn’t carry insurance, you may still have multiple ways to recover compensation through your own auto policy.
Uninsured Motorist (UM) Coverage
Uninsured motorist coverage is designed to step in when you’re hit by a driver who has no auto insurance. This coverage can pay for:
- Medical expenses: Hospital bills, follow-up care, physical therapy, and more.
- Lost income: If your injuries prevent you from working temporarily or permanently.
- Pain and suffering: Compensation for physical pain and emotional distress.
- Vehicle repairs or replacement: Depending on your policy limits.
- Other accident-related damages: Including out-of-pocket costs like transportation, medical equipment, or modifications to your home.
In Texas, insurers are required by law to offer UM/UIM coverage, but drivers can reject it in writing. If you accept it, notify your insurance company promptly and begin the claims process right away. Delays could give your insurer a reason to dispute or deny your claim.
Tip: UM claims are often treated like third-party claims by your insurer, meaning your provider may not advocate for your best interest. That’s why having an attorney on your side can make a significant difference.
Underinsured Motorist (UIM) Coverage
Sometimes the other driver has insurance, but not enough to cover all your damages, especially in serious injury cases. Underinsured motorist coverage fills that gap by paying the remaining costs that the other driver’s policy doesn’t.
For example, if your total damages are $75,000 and the at-fault driver only has the Texas minimum liability limit of $30,000, your UIM policy could potentially cover the remaining $45,000, up to your own limits.
Important: UIM claims are also subject to negotiation and review. Don’t assume your insurer will automatically pay the difference. Documentation, legal support, and persistence matter.
Other Helpful Coverage Options
Even if you don’t have UM/UIM coverage, you may still be able to recover some compensation through other policy types:
- Collision coverage: Pays to repair or replace your vehicle after a crash, regardless of who caused it. This is particularly useful if the at-fault driver has no coverage.
- Personal Injury Protection (PIP): Required in some states and optional in Texas, PIP pays for medical costs, lost wages, and other out-of-pocket expenses regardless of fault. It can be helpful if you don’t have health insurance or if you need income support quickly.
- Medical Payments Coverage (MedPay): A supplemental policy that covers medical bills for you and your passengers. While it doesn’t include lost wages or other damages like PIP, it still provides immediate financial relief after an accident.
Insurance companies may undervalue or delay your claim, even when you’ve paid for coverage. Working with a car accident lawyer can help ensure your rights are protected and maximize the compensation you may be entitled to.
Pursuing Legal Action Against an Uninsured Driver
If you were involved in an accident with an uninsured driver, you have every right to take legal action. But whether it’s a smart move depends on the specific details of your case, the driver’s financial situation, and the strength of your evidence.
How Do You File an Uninsured Motorist Claim?
Filing a UM/UIM claim through your own insurance can be a good option. Here’s how the process works:
- Report the Accident: Notify your insurance company as soon as possible (ideally within 24–48 hours) to start the claim.
- Gather and Submit Documentation: Provide key documents like the police report, photos, medical bills, and proof of lost wages to support your claim.
- Cooperate With the Adjuster: An adjuster will review your case. Be responsive but cautious—they work for the insurer, not for you.
- Negotiate the Settlement: You don’t have to accept the first offer. Back up your claim with evidence and consider legal help to get a fair payout.
- Review and Finalize: Before signing any settlement or release form, ensure all damages are covered. Have an attorney review it if you’re unsure.
Can You Sue an Uninsured Driver in Texas?
When your own coverage isn’t enough or you don’t have uninsured motorist (UM) coverage, you can pursue compensation directly from the at-fault driver by filing a personal injury lawsuit. This may allow you to recover damages such as:
- Medical expenses (past and future)
- Lost wages and lost earning capacity
- Pain and suffering
- Property damage
- Punitive damages in cases involving gross negligence or intentional misconduct
How to Collect Money From An Uninsured Driver
Collecting money from an uninsured driver typically requires filing a lawsuit and obtaining a court judgment against them. If the court rules in your favor, you may be able to collect through wage garnishment, property liens, or bank levies.
However, you may face challenges collecting the judgment. If the uninsured driver has no significant assets, wages to garnish, or income streams to lien, a judgment may not lead to real compensation. A court ruling in your favor does not guarantee payment. It simply gives you the legal right to pursue collection efforts. It’s wise to consult an attorney to assess whether pursuing a claim is financially worthwhile.
Is It Worth Suing an Uninsured Driver?
In some cases, suing an uninsured driver is absolutely worth it, especially when:
- The driver has attachable assets: This includes real estate, a business, investments, or a high-paying job. In these cases, wage garnishment or property liens may be viable.
- The driver was intoxicated or reckless: You may be eligible for punitive damages in addition to compensatory damages, increasing the potential value of your claim.
- The crash caused catastrophic injuries: If your medical costs or lost earning capacity are substantial, a legal judgment could help recover long-term financial support, even if it’s collected gradually over time.
- The driver was covered under a different policy: Sometimes, the uninsured driver may have been operating a borrowed vehicle that is insured under someone else’s policy, and that policy might be accessible depending on the circumstances.
If you’re unsure whether to pursue a lawsuit, schedule a free consultation with our team. We’ll give you a clear, honest assessment and help you pursue the best path forward.
Consequences for the Uninsured Driver
In Texas, driving without insurance has legal and financial consequences:
- Fines up to $350 for a first offense
- License and registration suspension
- Vehicle impoundment
- Higher insurance premiums
- Potential jail time for repeat offenses
These penalties can strengthen your legal case, especially when seeking damages in court.
Don’t Face an Uninsured Driver Claim Alone—Get Legal Support
Filing a claim against your own insurance is more complicated than you might expect. Insurance companies may:
- Delay processing your UM claim
- Dispute your medical costs or repair estimates
- Try to settle for less than your claim is worth
Our qualified team at Braker White can help you:
- Navigate the insurance claim process
- Negotiate with your insurance company
- Pursue legal action if necessary
- Build a strong case with evidence and documentation
- Maximize your potential compensation
We understand the complexities of uninsured driver cases in Texas and know how to stand up to insurers on your behalf. Whether you’re in Odessa, Midland, or anywhere across West Texas, reach out today for a free consultation and let our experienced car accident lawyers guide you through your options.
Uninsured Driver Accident FAQs
If an uninsured driver hits you, you can file a claim under your own uninsured motorist (UM) coverage, if you have it. This coverage can help pay for medical bills, lost wages, pain and suffering, and vehicle damage. If you don’t have UM coverage, you may need to file a lawsuit against the at-fault driver, though collecting compensation can be difficult if they lack assets or income. An attorney can help you explore alternative sources of compensation and build a strong case.
If the driver flees the scene, the accident may be treated as a hit-and-run, which is typically covered under uninsured motorist property damage and bodily injury coverage in Texas. You must report the incident to law enforcement promptly and notify your insurance company. Providing evidence like surveillance footage, witness statements, or debris from the crash scene can strengthen your claim.
If your insurer denies your UM claim, they must provide a reason, such as alleged policy exclusions, missed deadlines, or insufficient evidence. However, insurers don’t always act in good faith. You have the right to appeal the decision, request a formal review, or take legal action if the denial was wrongful. An attorney can help you challenge the denial, gather additional evidence, and negotiate with your insurer or litigate if needed.
In Texas, the statute of limitations for filing a personal injury lawsuit is typically 2 years from the date of the accident. However, your insurance policy may impose shorter internal deadlines for notifying your provider of a UM claim, sometimes as little as 30 days. Missing either deadline can result in losing your right to compensation, so act quickly and consult with a lawyer as soon as possible.
Yes. If your insurance company pays out under your UM coverage, they can use a process called subrogation to sue the uninsured driver and seek reimbursement. This allows them to recover the money they paid to you for medical bills, repairs, and other damages. While this doesn’t impact your ability to receive benefits, the outcome of their lawsuit may influence broader legal proceedings if you’re also pursuing compensation.
An uninsured driver can legally drive an insured vehicle only if they are listed as a covered or permissive driver on the insurance policy. If they are explicitly excluded from the policy or if they take the vehicle without permission, the insurance may not apply. In such cases, both the vehicle owner and the uninsured driver may face legal and financial consequences, and coverage could be denied.
In most cases, your premiums should not increase if you were not at fault, even if you file a claim under your UM coverage. However, some insurers may still raise your rates based on the number of claims filed or the risk category you fall into after the accident. It’s a good idea to speak with your provider to understand their specific policy, and consult a lawyer if your rate increase seems unfair or retaliatory.
Hit by an Uninsured Driver? We’re Ready to Help
Getting into a car accident with an uninsured driver doesn’t mean you’re out of options. At Braker White, we’ve helped countless Texans recover what they’re owed, even in challenging uninsured motorist cases. We offer strategic legal guidance, fast communication, and relentless advocacy when you need it most.
Contact us today for a free consultation and start your path toward justice and recovery.
