What Happens If the At-Fault Driver Has No Insurance in Texas?

08/18/2026

Getting into a car accident is stressful enough. Finding out the other driver does not have insurance can make the situation even more frustrating.

Unfortunately, uninsured drivers remain a major problem across Texas. Even though Texas law requires drivers to carry minimum liability insurance, many people either drive uninsured or carry insufficient coverage.

If you were hit by an uninsured driver in Texas, you may still have options for recovering compensation.

Texas Requires Minimum Liability Insurance

Texas drivers are legally required to carry minimum liability coverage of:

  • $30,000 for bodily injury per person
  • $60,000 per accident
  • $25,000 for property damage

This is commonly referred to as 30/60/25 coverage.

However, some drivers:

  • Let their policies lapse
  • Never purchase insurance
  • Carry fake insurance cards
  • Have coverage limits too low to fully compensate victims

Uninsured Motorist Coverage in Texas

One of the most important protections Texas drivers can carry is uninsured/underinsured motorist coverage, often called UM/UIM coverage.

Insurance companies must offer this coverage in Texas, although drivers may reject it in writing.

UM/UIM coverage may help pay for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Vehicle damage

This coverage can become critical after accidents involving uninsured or hit-and-run drivers.

What Is the Difference Between Uninsured and Underinsured Coverage?

Uninsured motorist coverage generally applies when:

  • The at-fault driver has no insurance
  • The driver fled the scene in a hit-and-run
  • The insurance policy is invalid

Underinsured motorist coverage applies when:

  • The at-fault driver has insurance
  • But the policy limits are too low to fully cover damages

Serious injuries can quickly exceed minimum Texas policy limits.

Can You Sue an Uninsured Driver Personally?

In some cases, yes. However, many uninsured drivers have limited assets, which can make collecting compensation difficult.

Even if you obtain a judgment, recovering money may still be challenging if the driver lacks:

  • Income
  • Property
  • Assets
  • Savings

This is why uninsured motorist coverage is so valuable.

What if the Accident Was a Hit-and-Run?

Hit-and-run accidents are unfortunately common throughout Texas, especially in large cities like Dallas, Fort Worth, Houston, and Austin.

If the driver cannot be identified, your uninsured motorist coverage may still apply.

After a hit-and-run accident:

  • Call police immediately
  • Document the scene
  • Look for witnesses
  • Check nearby surveillance cameras
  • Seek medical attention promptly

Quick action can help strengthen your claim.

Common Injuries in Uninsured Driver Accidents

Accidents involving uninsured drivers can cause serious injuries including:

  • Whiplash
  • Back injuries
  • Herniated discs
  • Broken bones
  • Head injuries
  • Concussions
  • Soft tissue injuries

Even moderate crashes can lead to expensive medical treatment and time away from work.

Insurance Companies Still Fight UM/UIM Claims

Many people assume their own insurance company will automatically handle uninsured motorist claims fairly. Unfortunately, disputes still happen frequently.

Insurance companies may argue:

  • Your injuries are minor
  • Treatment was unnecessary
  • The accident did not cause your injuries
  • The value of your claim is lower than requested

This is one reason injured drivers often seek legal guidance during the claims process.

Why Medical Documentation Matters

Strong medical documentation can significantly impact your case.

After a Texas accident:

  • Seek prompt medical treatment
  • Attend follow-up appointments
  • Follow doctor recommendations
  • Keep records of expenses and symptoms

Insurance companies often look for gaps in treatment to challenge claims.

How Long Do You Have to File a Claim?

Texas generally has a two-year statute of limitations for personal injury claims. However, insurance deadlines and notice requirements may arise much sooner.

Delaying action can hurt your case.

Final Thoughts

Being hit by an uninsured driver can feel overwhelming, but you may still have legal and insurance options available.

If you were injured in an accident involving an uninsured or hit-and-run driver anywhere in Texas, Titans Legal can help you understand your rights and pursue compensation.

Call Titans Legal today at 214-488-8888 for a free consultation.

Our People

Our reputable, talented attorneys and team members are among the top in their respective fields. We care about our clients and our community and will work tirelessly to achieve exceptional results for you.
Steve Abney
Attorney At Law
View Profile
Laura Abney
Partner / Attorney At Law
View Profile
Eric Douglas
Partner / Attorney At Law
View Profile
Chanel Rafie
Partner / Attorney At Law
View Profile
Our Law Office
Titans Legal
Rafie Douglas Abney Law, PLLC
214.488.8888
11300 N Central Expy Suite 103
Dallas, TX 75243
Contact Us
Contact our legal office today. Our attorneys are ready to fight for you. There is no better time than now.
Contact Us
This website is for informational purposes only. Using this website or communicating with Titans Legal through this website does not form an attorney/client relationship. 

Principal Office : Dallas, Texas
Dedicated to our colleague and dear friend, Lindsey Louise Lewis.

COPYRIGHT © 2019-2025  TITANSLEGAL.COM – ALL RIGHTS RESERVED.
menu-circlecross-circle