What Happens If an Uninsured Driver Hits You in Texas?

You're driving through Austin when suddenly, out of nowhere, BANG! Another driver slams into your vehicle. As you exchange information, they admit they don't have insurance. Now what? You can already feel the pain setting in as you’re waiting for the ambulance to arrive. Who’s going to pay for your medical bills or lost wages? The questions — along with stress and anxiety — start flooding your mind. But don’t worry, you’re not alone. There’s help out there.

As an experienced Austin car accident lawyer, I have seen this scenario far too often. Texas roads carry surprising numbers of uninsured drivers, leaving accident victims wondering how they'll cover medical bills and lost wages. The good news? You have legal options even when the at-fault driver lacks coverage.

What to Do When Hit by an Uninsured Driver in Texas

The moments after a car accident can feel chaotic, but discovering that the other driver lacks insurance adds another layer of complexity and stress. Your actions in these first hours significantly impact your ability to recover compensation later.

1. Check for Injuries and Call 911

Your health comes first. Even if you feel fine, adrenaline can mask serious injuries. Request medical attention for anyone who needs it, and ensure that the police arrive at the scene, as you'll need a police report.

2. Document Everything at the Scene

Take photos of all vehicles, the accident scene from multiple angles, and visible injuries. Get the uninsured driver's name, contact information, and driver's license number. Just because they lack insurance doesn't mean they escape liability.

3. Gather Witness Information

Bystanders who saw the accident occur can provide valuable testimony later. Collect names and phone numbers from anyone willing to share what they witnessed.

4. Contact Your Insurance Company

Report to your insurance provider immediately, but stick to facts. Don't speculate about injuries or admit fault. Let them know the other party lacks coverage, as this triggers specific options in your insurance policy.

5. Consult a Car Accident Attorney

An uninsured driver introduces complications to your case. Experienced legal counsel will fight for your rights, clarify policy provisions, and pursue full compensation for your injuries and expenses.

Texas Auto Insurance Requirements: The Reality Check

Texas law requires all drivers to carry a minimum amount of liability insurance, yet many drivers fail to comply with this mandate. The statistics paint a troubling picture for those sharing Texas roads with uninsured motorists.

Here's what state law mandates for auto insurance coverage:

• Bodily injury liability: $30,000 per person and $60,000 per accident.
• Property damage liability: $25,000 per accident.
• Personal injury protection (PIP): Optional but highly recommended.
• Uninsured/underinsured motorist coverage: Optional but invaluable.

According to recent data, Texas ranks 22nd nationally with 13.8% of drivers operating vehicles without insurance. This means roughly one in seven drivers you pass lacks coverage. These numbers translate to real consequences. Without proper coverage on your own policy that factors in this possibility, an uninsured motorist accident could leave you paying thousands for medical treatment and repairs.

How to Pursue Compensation After an Uninsured Driver Hits You in TX

Being struck by someone without insurance doesn't mean you're out of options. Several avenues exist for recovering damages, although each comes with its own considerations.

Personal Injury Protection (PIP) Coverage

If you have purchased PIP coverage, it kicks in regardless of who is at fault. This helps with medical expenses, lost wages (typically up to 80%), and household services. PIP pays quickly without waiting for fault determinations, making it valuable for immediate costs.

Uninsured Motorist (UM) Coverage

Uninsured motorist coverage acts as a substitute for the liability insurance the other driver should have carried. UM coverage compensates for medical bills, lost income, and pain and suffering. Filing uninsured motorist claims means dealing with your own insurance company, though they might not always prioritize your interests.

Underinsured Motorist (UIM) Coverage

Sometimes, the at-fault driver carries insurance, but their policy limits fall short of covering your injuries and damages. UIM coverage bridges this gap when the insured driver has insufficient coverage.

When the Vehicle Owner Has Coverage

Here's a twist: sometimes the driver lacks insurance, but the vehicle owner maintains coverage. If someone borrowed a friend's car and caused your accident, the owner's insurance might apply.

Filing a Claim Against the Driver

Even without insurance, the at-fault driver remains personally liable. You can pursue a personal injury lawsuit directly, though collecting any money in these situations presents challenges. Consider their financial resources before investing in legal action.

Damages You Can Recover After an Uninsured Motorist Accident

When an uninsured driver causes your accident, the financial impact extends beyond vehicle repairs. Texas law recognizes various types of compensation available to accident victims.

• Medical expenses: Emergency care through future treatments.
• Lost wages: Income missed during recovery.
• Property damage: Vehicle repairs or replacement value.
• Pain and suffering: Physical discomfort and emotional distress.
• Mental anguish: Anxiety or PTSD following the accident.
• Loss of enjoyment: Inability to participate in activities you loved.
• Out-of-pocket expenses: Medications, equipment, transportation.
• Loss of consortium: Compensation for your spouse for loss of services and companionship.

The specific damages and final car accident settlement amount depend on the severity of the injury, coverage limits, and the defendant's ability to pay.

How to Prove Fault in an Uninsured Motorist Case

Establishing fault remains critical even with an uninsured driver. Your ability to recover compensation depends on proving that the other driver's negligence caused your injuries.

Building Your Negligence Case

Texas follows the traditional negligence standard, which requires four elements: duty, breach, causation, and damages. The uninsured driver owed you safe vehicle operation. When they breached this duty through careless actions, causing your accident and damages, they became liable.

Critical Evidence for Proving Fault

Police reports provide the foundation for fault determination. Physical evidence, like skid marks, debris fields, and vehicle damage, indicates what happened. Weather conditions and traffic signals may also be relevant in determining who was at fault.

Partial Fault Considerations

What if you were partially at fault? Texas follows modified comparative negligence rules — you can still recover damages if you're not more than 50% responsible. If you bear 20% of the fault, your compensation is reduced by 20%, but you still receive the remaining 80%.

Common Mistakes: What NOT to Do After an Uninsured Driver Hits You in Texas

The shock of discovering the other party lacks insurance can lead to poor decisions that jeopardize your claim.

Don't Leave Without Calling the Police

Never leave without calling the police. Without an official report, proving the accident occurred becomes nearly impossible. Don't accept cash payments or promises from the uninsured driver — these rarely materialize.

Never Apologize or Admit Fault

Apologizing creates problems later. Insurance companies twist such statements into liability admissions. Stick to factual observations without speculation or self-blame.

Don't Skip the Photos

Document everything — vehicle positions, vehicle damage, road conditions, and injuries. Your adrenaline may initially make injuries seem minor, but documentation proves crucial when symptoms worsen.

Don't Let the Driver Disappear

Gather complete information from the uninsured driver. Photograph their license and plate. Some provide false information, hoping to avoid consequences.

Don't Delay Medical Treatment

Delaying treatment gives insurance companies ammunition against your claim. Get checked within 24 to 48 hours, even if you feel fine. Hidden injuries might not show symptoms immediately.

Stay Off Social Media

Posting about your accident creates permanent evidence undermining your claim. Even private posts can become evidence if legal proceedings develop.

Special Circumstances: Hit-and-Run Accidents

What if the uninsured driver fled? Hit-and-run accidents create additional challenges, but don't eliminate recovery options. Your uninsured motorist protection typically includes hit-and-run situations.

Call 911 immediately and provide any vehicle details. Canvas for witnesses or security cameras. Your UM coverage can provide compensation even if police never identify the fleeing driver.

Why Legal Guidance Makes a Difference

Dealing with insurance companies after being hit by an uninsured driver presents unique challenges. Having an experienced personal injury attorney levels the playing field.

• Your lawyer identifies all available insurance coverage
• Legal representation signals you're serious about getting a fair settlement
• Attorneys handle communication, preventing costly mistakes
• Your lawyer gathers evidence and builds compelling cases
• If negotiations stall, your attorney can file suit.

Most importantly, legal representation allows you to focus on healing while someone else handles the complexities.

Your Path Forward After the Crash

Whether through your own insurance or legal action against the party responsible, options exist for fair compensation. The key lies in acting quickly and making informed decisions.

Don't let an uninsured driver's irresponsibility derail your life — Applewhite Law Firm is here to help you. I will personally review your situation and fight to secure the compensation you deserve. Get a free consultation today!