Injured by an Uninsured/Underinsured Driver? What to Do Next
No one wants to get in a car accident, especially when the at-fault driver doesn’t have enough insurance—or any at all. Many drivers in Texas face this reality each year. Learn about uninsured motorist insurance laws and how to respond after a crash for the best chance of financial recovery.
Understanding Uninsured vs. Underinsured Motorists
Texas law requires drivers to carry minimum liability insurance, but not everyone complies.
An uninsured driver has no active insurance policy at the time of the crash. If you’re hit by an uninsured driver in Texas, you can’t rely on their policy to cover your damages.
In comparison, an underinsured driver has insurance, but not enough to cover the full extent of your losses. Medical bills, lost wages, and long-term care following a major accident often exceed the minimum policy limits in Texas.
This is why insurers must offer uninsured/underinsured motorist (UM/UIM) coverage in Texas. Drivers may choose to reject it in writing, but it’s wise to keep this coverage in case the at-fault driver can’t pay.
What to Do After an Accident with an Uninsured Driver
The steps after any car crash are similar, but it’s even more important to get the details right when the driver lacks adequate coverage. Here’s what to do in an uninsured driver accident:
- Call law enforcement immediately: A police report documents the accident and confirms the other driver’s lack of insurance. This report becomes important evidence when filing an uninsured motorist claim in Texas.
- Gather evidence at the scene: Take photos of vehicle damage, road conditions, your surroundings, and visible injuries to support your version of events.
- Seek medical attention right away: Medical records connect your injuries directly to the crash, while any delays in treatment weaken your claim.
- Notify your insurance company promptly: Report the accident and indicate that the other driver is uninsured or underinsured. Avoid discussing fault or settlement until you speak to a lawyer.
How UM/UIM Motorist Claims Work in Texas
UM/UIM coverage acts as a substitute for the at-fault driver’s missing or insufficient insurance. When you file a claim, you seek uninsured accident compensation from your own insurer instead of the other driver’s.
In the case of underinsured motorist claims, your insurer pays the difference between the at-fault driver’s policy limits and your total damages, up to your own policy limits.
Insurance companies don’t automatically approve uninsured motorist claims. They may argue over fault, question the severity of your injuries, or dispute the value of your losses.
Establishing a strong claim begins with proving liability. You need to show that the uninsured or underinsured driver caused the accident. With help from your lawyer, you can present evidence—including the police report, photos from the scene, witness statements, and dash cam footage—to establish fault. If the insurer still refuses a fair settlement, filing a lawsuit is one of your underinsured motorist legal options.
Evidence Needed to Maximize Uninsured Accident Compensation
Strong evidence is the basis of a successful claim. Insurance companies rely on documentation when evaluating compensation, and gaps in evidence often result in lower payouts. The following evidence improves your chances of a fair uninsured driver injury settlement:
- Police reports: The responding officer may include their initial opinion on who is at fault, which carries weight during negotiations.
- Medical records and bills: Detailed documentation of your injury and treatment supports your compensation request.
- Photos and videos: Visual proof of the accident scene and injuries strengthens your claim.
- Witness statements: Third-party accounts provide additional credibility and support your story of how the crash occurred.
- Proof of lost wages: Pay stubs, tax records, and employer statements show what income you lost due to the injury.
- Expert opinions: Medical experts and accident reconstruction specialists can vouch for the severity of your injuries and explain how the accident happened.
Why You Need a Lawyer
Insurance companies review UM/UIM claims with the same scrutiny as any other case. They often make low settlement offers early, hoping victims will accept before speaking with a lawyer.
If you suspect the payout you’ve been offered is too low, reach out to Nava Law Group. We’ll help you understand the true value of your claim and put you in a position to pursue more compensation.
Get Legal Support and Move Your Claim Forward
An accident involving an uninsured or underinsured driver creates financial and legal challenges, but you don’t have to go it alone. The personal injury lawyers at Nava Law Group have handled these types of cases for decades. We deliver results through our focused, aggressive representation, both in and out of the courtroom. Let us support you at every stage, from your initial call with our 24/7 response team to guidance from our bilingual staff, who assist clients in both English and Spanish. We even provide assistance with medical costs and transportation for qualified individuals.
If you’re ready to pursue the compensation your case deserves, please contact us today for a free consultation. We can meet with clients virtually or in person at our offices in Houston, McAllen, Corpus Christi, or Allen, TX.
FAQs
Does UM/UIM coverage apply to hit-and-run accidents in Texas?
Yes, UM coverage is typically the best way to pursue compensation after a hit-and-run accident. The incident must be reported promptly, and you’ll need evidence showing that the hit-and-run driver caused the crash.
Can passengers file an uninsured motorist claim in Texas?
Passengers may file claims under the driver’s UM/UIM policy or their own policy, depending on the situation. Coverage often extends to occupants of the insured vehicle.
What happens if both drivers share fault in an uninsured accident?
Texas follows a modified comparative fault rule. Your compensation may be reduced by your percentage of fault, and recovery is barred if you’re more than 50% responsible.
Are there deadlines for filing an uninsured motorist claim in Texas?
Yes. Deadlines vary based on policy terms, so report the accident as soon as possible to protect your right to compensation.
Will filing a UM/UIM claim increase my insurance premiums?
This depends on your insurer and the details of your claim. Some policies don’t penalize drivers for claims involving uninsured motorists, but increases are still possible.
