Texas has one of the highest uninsured-driver rates in the country. The Insurance Research Council estimates around 14% of Texas drivers carry no coverage at all — and many more carry only state minimum limits that won't fully pay a real-world claim. If one of them hits you, your protection comes entirely from your own policy.
Confirm the lack of coverage
Get the other driver's information at the scene, file a police report, and let your insurer attempt to verify coverage through TexasSure. Many uninsured drivers will provide a card from a lapsed or cancelled policy.
Trigger your UM/UIM coverage
Uninsured Motorist Bodily Injury (UMBI) pays your medical bills, lost wages, and pain-and-suffering damages up to your selected limit. Underinsured Motorist (UIM) pays when the other driver has some coverage but not enough. UMPD covers your vehicle's property damage.
Use PIP and MedPay immediately
Both pay regardless of fault. PIP includes 80% of lost wages; MedPay only covers medical bills. They pay quickly, while UM/UIM negotiations can take months.
Consider collision as a backup
If you carry collision and your UMPD is exhausted or denied, collision still pays your vehicle damage subject to your deductible. Your insurer then pursues the uninsured driver through subrogation.
What if the uninsured driver has assets?
You can sue personally, but most uninsured drivers in Texas have nothing to collect. A judgment can sit on their record for years, but practical recovery is rare. UM/UIM remains your real protection.
Recommended UM/UIM limits
- Match your UM/UIM limits to your liability limits — at minimum 100/300/100
- Stack UMBI with PIP for fast medical payment plus longer-term injury recovery
- Carry UMPD if you have a high collision deductible
Frequently asked questions
What happens if an uninsured driver hits me in Texas?
Your own UM/UIM coverage pays for medical bills, lost wages, and property damage up to your selected limits. Without UM/UIM, your collision and PIP coverages are your only options.
Can I sue an uninsured driver in Texas?
Yes, but most uninsured drivers have no assets to collect. A judgment is rarely worth more than the paper it's written on.
Will my rates increase if an uninsured driver hits me?
No. Texas law prohibits surcharges for not-at-fault claims.
Should I reject UM/UIM coverage to save money?
No. The savings are small (often under $100/year) and the exposure is catastrophic. We strongly recommend matching your UM/UIM to your liability limits.
Does UM/UIM cover hit-and-run drivers?
Yes — under Texas law, unknown drivers are treated as uninsured for coverage purposes, provided you file a timely police report.
This article is for general information only and is not legal or tax advice. For guidance specific to your situation, talk to a licensed Texas insurance agent. Ready to put it into practice? Get a free quote or request a policy review.