If you are hit by an uninsured driver in Houston, your own uninsured/underinsured motorist (UM/UIM) coverage is often the key to recovering for injuries and damage. Call 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
Being hit by a driver who has no insurance is stressful, but the immediate steps are similar to any crash. Prioritize safety and health first, then focus on documentation:
- Call the police. An official crash report is important, especially when the other driver has no coverage. It records the parties, the location, and the officer’s observations.
- Get the other driver’s information. Collect name, contact details, license plate, and vehicle description even if they say they have no insurance.
- Document the scene. Take photos of vehicles, damage, road conditions, and any visible injuries. Note the time and location.
- Get witness information. Names and phone numbers of anyone who saw the crash can be valuable later.
- Seek medical care. See a provider promptly, even if you feel okay, so any injuries are documented.
Texas requires drivers to carry minimum liability insurance of 30/60/25, meaning 30,000 dollars per injured person, 60,000 dollars per accident, and 25,000 dollars for property damage. Unfortunately, not every driver complies, and some carry no coverage at all. That is exactly the gap UM/UIM coverage is designed 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 must offer it, and you must reject it in writing if you do not want it, so many drivers have it without realizing. It generally comes in two parts:
- Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance, or in certain hit-and-run situations where the driver cannot be identified.
- Underinsured motorist (UIM) coverage applies when the at-fault driver does have insurance, but not enough to cover your losses.
UM/UIM coverage can help pay for medical expenses, lost income, and other losses, and it often includes property damage coverage as well. Because it is your own coverage, you make the claim through your own insurance company rather than the other driver’s. Coverage limits, terms, and conditions vary by policy, so it is worth reading your declarations page or asking your insurer what you actually have.
One important point: even though you are dealing with your own insurer, a UM/UIM claim is still a claim, and the company will evaluate fault and damages. It is not automatic. Understanding this helps set realistic expectations. Our overview of UM/UIM claims goes into more detail.
Steps for pursuing a UM/UIM claim
After a crash with an uninsured or underinsured driver, the general path looks like this:
- Notify your insurer promptly. Report the crash and ask specifically about your UM/UIM coverage. Timely notice is usually required by the policy.
- Gather your documentation. Collect the crash report, photos, medical records, bills, and proof of lost income.
- Follow through on treatment. Consistent medical care supports both your recovery and your claim.
- Keep communication organized. Save letters, emails, and notes from calls with the adjuster.
- Understand the offer before accepting. As with any claim, the first number may not reflect the full value of your losses.
Because you are dealing with an adjuster even in a first-party claim, it helps to know how that process works. See our guides on dealing with insurance adjusters and whether to accept a first offer.
Deadlines and why they matter
Texas has a two-year statute of limitations for most injury claims under Texas Civil Practice and Remedies Code section 16.003. While UM/UIM claims involve your own insurer and your policy’s own notice requirements, deadlines still matter, and waiting can create complications. It is wise to act promptly rather than letting time pass. For a fuller explanation, see our page on the Texas statute of limitations.
Every policy and situation is different, so review your own coverage and consider getting guidance tailored to 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 must offer UM/UIM coverage, and you have to reject it in writing to opt out, so many 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. Because it is coverage on your own policy, you file the claim with your own insurance company. The insurer will still evaluate fault and damages, so it is 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.