Being involved in any car accident is stressful — but discovering the at-fault driver has no insurance can feel overwhelming. Many Texans assume this means they’re stuck paying their own medical bills and property damage. Thankfully, that’s not true.
Texas law provides several protections for people injured by uninsured or underinsured drivers, and you may still have strong options for recovering compensation.
Here’s what you need to know about your rights after an uninsured motorist accident.
Texas Requires Drivers to Carry Insurance — But Many Don’t
Even though Texas law requires all drivers to carry minimum liability insurance, thousands of motorists still drive uninsured or with only minimal coverage. When these drivers cause accidents, the financial burden often shifts to the victims — unless they understand their rights and take action.
Your Rights After an Accident With an Uninsured Driver
You Have the Right to File an Uninsured Motorist (UM/UIM) Claim
If you carry uninsured/underinsured motorist (UM/UIM) coverage, your own insurance company may be required to step in and help cover your losses, including:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Permanent impairment
- Wrongful death damages
UM/UIM insurance is designed specifically for this situation.
Important: Your insurer must treat you fairly and cannot deny a valid UM/UIM claim without justification.
You Have the Right to Hold Other Parties Liable
Even if the other driver has no insurance, they may not be the only responsible party. You may also be able to pursue compensation from:
- A negligent employer (if the driver was on the job)
- A vehicle owner who allowed an unsafe driver to use their car
- A bar or restaurant that overserved a drunk driver (dram shop liability)
- A manufacturer if a defective part contributed to the crash
- A municipality for hazardous road conditions (in limited cases)
An attorney can investigate the crash and identify all possible sources of compensation.
You Can Pursue the Uninsured Driver Personally
Although many uninsured drivers have limited assets, in some cases you may be able to:
- Garnish wages
- File a lawsuit and obtain a judgment
- Collect from the driver over time if they acquire assets
This is not always the most practical option, but it is still a legal right.
You Have the Right to Seek Medical Treatment Even Without Health Insurance
Texas accident victims may be able to receive medical treatment under:
- Letters of protection (LOPs)
- Medical liens
- Deferred billing arrangements through injury attorneys
This can allow you to get care now and pay later from your settlement or verdict.
How Uninsured Motorist Claims Work in Texas
When you file a UM/UIM claim, your insurance company essentially takes the position of the at-fault driver. That means they may:
- Dispute who was at fault
- Question the extent of your injuries
- Argue that your medical treatment was unnecessary or excessive
- Undervalue your claim
- Delay or deny payment
This is why UM/UIM claims often become adversarial — even though you’re dealing with your own insurer.
What To Do After an Accident With an Uninsured Driver
Taking the right steps after a crash with an uninsured driver can significantly strengthen your claim:
- Call 911 and make sure a police report is created.
- Document the scene with photos, videos, and witness information.
- Seek medical attention immediately, even if you feel “okay.”
- Notify your insurance company, but avoid giving a recorded statement without legal guidance.
- Request a copy of the police report showing that the other driver was uninsured or underinsured.
- Contact an experienced UM/UIM attorney as soon as possible.
Uninsured motorist claims require detailed documentation, and insurers often push back. Getting legal help early can protect your rights.
Why You Need an Attorney for an Uninsured Motorist Accident
An experienced personal injury lawyer can:
- Investigate all possible sources of compensation
- Handle all communication and negotiations with the insurance company
- Prove the uninsured driver’s negligence
- Ensure your UM/UIM coverage is fully and fairly applied
- Fight lowball settlement offers, delays, and wrongful denials
- Take your case to court if necessary
These cases are often more complex than standard car accidents because your own insurer essentially becomes the opposing party.
Injured by an Uninsured Driver in Texas? Grimes & Fertitta Can Help.
Being hit by an uninsured motorist does not mean you’re out of options. At Grimes & Fertitta, our attorneys have decades of experience helping Texas accident victims recover compensation — even when the at-fault driver has no insurance.
We fight for:
- Full UM/UIM payouts
- Accountability from all responsible parties
- Maximum compensation for injured clients
You don’t have to face the insurance company alone.
Call Grimes & Fertitta today for a free consultation and case review.
