What to do if you get hit by an uninsured driver in Texas?

Asked by: Wilma Torp  |  Last update: November 9, 2025
Score: 5/5 (31 votes)

Filing an Uninsured Motorist Claim Submit a Claim to Your Insurance Provider: Provide your insurer with the necessary documentation, such as the police report, accident scene photos, medical bills, and repair estimates.

What happens if someone hits you without insurance in Texas?

If you were hit by an uninsured driver in Texas, state law allows you to hold the motorist who caused your accident responsible for the damages you suffered.

Will my insurance go up if I get hit by an uninsured driver?

However, under California's proposition 103, insurance companies are not allowed to raise rates or drop a person because they made an uninsured motorist claim.

Is an uninsured driver at fault?

While the vast majority of states, excluding Virginia and New Hampshire, require that all motor vehicle operators carry minimum limits of auto insurance coverage, an uninsured driver will not automatically be found at fault and liable for a car crash.

Do insurance companies go after uninsured drivers?

While insurance companies may pursue uninsured drivers to recover claim costs, the process can be complex and time-consuming. Uninsured drivers involved in accidents should seek legal counsel promptly to protect their rights and explore possible compensation avenues.

What to do if you're hit by an uninsured driver?

26 related questions found

Is it worth suing an uninsured driver?

Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.

Am I covered against uninsured drivers?

If you cause an accident and you have a comprehensive Car Insurance policy, the cost of repairing both your car and the uninsured driver's car is covered. If you only have third-party insurance, you'll have to pay for any repairs to your own car yourself, but the uninsured driver's car will still be covered.

Can an uninsured driver sue me?

Most states are tort states. In many tort states, uninsured drivers can recover the same damages from at-fault drivers as anyone else on the road. But some states have "No Pay, No Play" laws, which prohibit or limit uninsured drivers from receiving compensation when they're injured in a car accident.

Who generally pays more for car insurance?

Men tend to pay more for car insurance overall, though the difference is slight — about 1%. The difference is most pronounced for teens and young adults.

Which is better, a collision or an uninsured motorist?

Deductible Comparison: UMPD generally has a lower deductible compared to collision coverage. This can be beneficial in reducing immediate out-of-pocket costs. Broader Coverage: UMPD can cover not just your vehicle but also other property, such as a fence or a garage, if damaged by an uninsured driver.

Does insurance pay if I hit a car?

Auto liability coverage is required in nearly every state. If you're found at fault in an auto accident, liability coverage can pay for damage to other vehicles, damage to objects, bodily injuries to other drivers and their passengers, and lawsuits if you're sued due to an accident.

Does someone hitting you make your insurance go up?

Rate increases will go up even more if there are injuries and property damage. If you are not at fault, however, the rate increase is less severe. On average, drivers who are not at fault will only have their rates go up by about 4%.

Should I have full coverage on a 15 year old car?

A full coverage policy for an old car really only makes sense if its value exceeds what you feel comfortable spending on a replacement. If its value doesn't exceed the amount you're comfortable spending on a replacement, you'd likely be better off without a full coverage policy.

Do you go to jail for no insurance in Texas?

While jail is not a penalty for no insurance in Texas, you face hefty fines. You also become subject to financial responsibility laws. If you're charged with failing to file proof of financial responsibility, then you could face jail time.

Should I file a claim if I'm not at fault?

Always File a Claim, Regardless of Who Was At-Fault

One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.

Can you sue an uninsured driver in Texas?

You can file a lawsuit against an uninsured driver in Texas if you've been involved in an accident and sustained damages as a result of their negligence.

Which gender pays more car insurance?

On average, young men pay much more for car insurance than young women. This is because car insurance providers find men to be riskier drivers than women, especially when they are younger. When they are older, women start to pay slightly higher rates.

At what age is car insurance most expensive?

The Insurance Institute for Highway Safety reports that teen drivers are four times more likely to get into a car crash than drivers 20 and older. As a result, car insurance companies view young drivers as the most risky to insure. Drivers ages 16 to 24 tend to face the highest premiums compared to other age groups.

Does insurance pay what car is worth?

Now, California law is a bit different than the way insurance companies want to adjust the claim. The law states: "To recover damages for the loss, you must prove the fair market value of the car just before the harm occurred."

What happens if I'm hit by an uninsured driver?

The MIB is a fund that all insurance providers pay in to using money from your premium. The fund provides compensation if you've been hit by an uninsured or untraceable driver (for instance if the other driver didn't stop).

Is Texas a no-fault state?

Texas is not a no-fault state.

Texas is one of 38 at-fault states, meaning that the party that is found to be at fault for the accident will be responsible for compensating the injured party for the amount he or she is responsible for.

What happens if an uninsured driver drives an insured car?

Depending on the situation, your auto insurance policy may cover an uninsured driver if they're involved in an accident while operating your vehicle. However, if the uninsured driver is at fault in the accident, they may be liable for the injuries and/or damages they caused beyond the limits of your policy.

How do I protect myself from uninsured drivers?

One of the best ways to protect yourself from uninsured and underinsured drivers is to be sure you have enough of the right coverage, including uninsured and underinsured coverage, and high enough limits yourself.

How many people drive without insurance in the UK?

20 June 2024. Data released today by MIB (Motor Insurers' Bureau) shows that there is an average of 300,000 uninsured vehicles on UK roads every day. As vehicles may be uninsured for months at a time, the total number uninsured across the year is over 1 million.

Does full coverage cover uninsured drivers?

Yes, full coverage does cover uninsured motorists when uninsured motorist insurance (UM) is required by state law. UM covers your injuries or property damage caused by a driver who doesn't have enough insurance, while full coverage combines a state's minimum coverage, comprehensive insurance, and collision insurance.