An uninsured driver just hit you in Houston, and now you’re wondering who pays. Often the answer is your own uninsured/underinsured motorist (UM/UIM) coverage — that’s the key to recovering for your injuries and your damage. Call the police, document the scene, get medical care, and check your policy for UM/UIM. This is general information, not legal advice.
What to do right after a crash with an uninsured driver
Getting hit by a driver with no insurance is stressful, but your first moves are the same as any crash. Take care of safety and your health first, then lock down the documentation:
- Call the police. An official crash report matters even more when the other driver has no coverage. It records who was there, where it happened, and what the officer saw.
- Get the other driver’s information. Grab their name, contact details, license plate, and vehicle description — even if they swear they have no insurance.
- Document the scene. Photograph the vehicles, the damage, the road conditions, and any visible injuries. Note the time and location.
- Get witness information. The names and phone numbers of anyone who saw it can be worth a lot later.
- Seek medical care. See a provider fast, even if you feel fine, so your injuries are on the record.
Texas requires drivers to carry minimum liability insurance of 30/60/25 — that’s 30,000 dollars per injured person, 60,000 dollars per accident, and 25,000 dollars for property damage. Plenty of drivers don’t comply, and some carry nothing at all. That gap is exactly what UM/UIM coverage is built to fill.
How uninsured and underinsured motorist coverage works in Texas
Uninsured/underinsured motorist coverage is optional coverage you carry on your own auto policy. In Texas, insurers have to offer it, and you have to reject it in writing to opt out — so a lot of drivers have it and don’t even know. It generally comes in two parts:
- Uninsured motorist (UM) coverage kicks in when the at-fault driver has no liability insurance, or in certain hit-and-run cases where you can’t identify the driver.
- Underinsured motorist (UIM) coverage kicks in when the at-fault driver does have insurance, but not enough to cover your losses.
UM/UIM coverage can help pay for your medical bills, lost income, and other losses, and it often covers property damage too. Because it’s your own coverage, you file the claim with your own insurance company, not the other driver’s. Limits, terms, and conditions vary by policy, so read your declarations page or ask your insurer what you actually have.
Here’s the catch: even though you’re dealing with your own insurer, a UM/UIM claim is still a claim. The company will weigh fault and damages. It’s not automatic. Knowing that up front keeps your expectations realistic. Our overview of UM/UIM claims digs into the details.
Steps for pursuing a UM/UIM claim
After a crash with an uninsured or underinsured driver, the path generally looks like this:
- Notify your insurer promptly. Report the crash and ask specifically about your UM/UIM coverage. Your policy usually requires timely notice.
- Gather your documentation. Pull together the crash report, photos, medical records, bills, and proof of lost income.
- Follow through on treatment. Consistent medical care supports your recovery and your claim.
- Keep communication organized. Save the letters, emails, and notes from every call with the adjuster.
- Understand the offer before you accept. Like any claim, that first number may not come close to the full value of your losses.
You’re dealing with an adjuster even on a first-party claim, so it pays to know how that process runs. See our guides on dealing with insurance adjusters and whether to accept a first offer.
Deadlines and why they matter
Texas gives you a two-year statute of limitations on most injury claims under Texas Civil Practice and Remedies Code section 16.003. A UM/UIM claim runs through your own insurer and your policy’s own notice requirements, but deadlines still bite, and waiting only creates problems. Act promptly — don’t let the clock run down. For a fuller explanation, see our page on the Texas statute of limitations.
Every policy and every situation is different, so review your own coverage and think about getting guidance built around your circumstances.
Frequently asked questions
What happens if the driver who hit me has no insurance?
If you carry uninsured motorist coverage, you can generally file a claim through your own policy for your injuries and losses. Call the police, document the crash, get medical care, and notify your insurer promptly.
Do I have UM/UIM coverage in Texas?
Insurers in Texas have to offer UM/UIM coverage, and you have to reject it in writing to opt out — so a lot of drivers have it. Check your policy declarations page or ask your insurer to confirm what you carry.
Is a UM/UIM claim made against my own insurance?
Yes. It’s coverage on your own policy, so you file the claim with your own insurance company. The insurer still weighs fault and damages, so it’s not automatic.
This article is general information about UM/UIM coverage in Texas and is not legal advice. Coverage terms vary by policy. You can contact us with questions.