At-Fault Driver Has No Insurance in Texas?

Texas has one of the highest uninsured driver rates in the country. According to the Insurance Research Council, roughly 14% of Texas motorists carry no auto insurance at all. In parts of the DFW metroplex, the actual rate is even higher. If you were hit by an uninsured or underinsured driver, your situation is more complicated — but you are not without options.

Understanding Texas Uninsured/Underinsured Motorist Coverage

Texas law requires every auto insurer to offer uninsured/underinsured motorist (UM/UIM) coverage when you purchase a policy. Unless you specifically rejected it in writing, there is a strong chance your policy includes it.

UM/UIM coverage allows you to file a claim against your own insurance policy when the at-fault driver cannot pay. It covers the same categories of damages you would recover from the other driver’s insurer: medical expenses, lost wages, pain and suffering, and property damage (if you carry UMPD).

Many Texans do not realize they have this coverage until they need it.

Your Own Insurer Is Not Automatically on Your Side

Here is what catches most people off guard: when you file a UM/UIM claim, your own insurance company steps into the role of the opposing party. They evaluate your claim the same way the at-fault driver’s insurer would — looking for reasons to minimize what they pay.

They will scrutinize your medical records for pre-existing conditions, question whether your treatment was reasonable, and use the same delay and lowball tactics that any liability insurer would use.

The fact that you have been paying premiums for years does not change the claims process. Your insurer’s adjuster has the same financial incentives as any other adjuster: close the claim for as little as possible.

What If the At-Fault Driver Has Some Insurance, but Not Enough?

This is an underinsured motorist (UIM) scenario, and it is extremely common in serious injury cases. Texas only requires drivers to carry $30,000 per person in bodily injury liability coverage. A single surgery can exceed that amount.

If the at-fault driver’s policy limits do not cover your full damages, your UIM coverage kicks in to make up the difference — up to your own policy limits.

The process for recovering UIM benefits involves several strategic steps, including when and how to accept the at-fault driver’s policy limits without waiving your UIM rights. This is an area where having an experienced attorney matters significantly.

What If You Do Not Have UM/UIM Coverage?

If you rejected UM/UIM coverage and the at-fault driver has no insurance, your options are more limited — but they may still exist:

You can sue the at-fault driver personally, although collecting a judgment from an uninsured individual can be difficult
If the crash involved a commercial vehicle, there may be additional insurance policies or liable parties
Your own medical payments (MedPay) coverage, if you carry it, can cover medical expenses regardless of fault
In hit-and-run situations, UM coverage is typically the only path to compensation

How Ford Law Handles Uninsured and Underinsured Motorist Claims

Matthew Ford spent years on the defense side of insurance claims, and he understands exactly how UM/UIM claims are evaluated internally. At Ford Law, we review your complete insurance policy to identify all available coverage, handle all communications with your insurer so you do not inadvertently harm your claim, build the strongest possible demand supported by your medical records and documentation, and negotiate aggressively — or litigate if necessary — to recover the full value of your claim.

Protect Yourself Before an Accident Happens

The single most important thing any Texas driver can do is carry adequate UM/UIM coverage. It is relatively inexpensive compared to liability coverage, and it protects you and your passengers when someone with no insurance causes a crash.

Ford Law recommends carrying UM/UIM limits that match your liability limits at minimum. If you are unsure what coverage you have, check your declarations page or call your insurance agent.

Injured by an Uninsured Driver? Call Ford Law.

If you were hurt in a crash caused by an uninsured or underinsured driver anywhere in North Texas — including Dallas, Plano, McKinney, Frisco, Allen, Prosper, Denton, and surrounding communities — Ford Law can help.

Call (214) 227-9972 for a free consultation. No fee unless we win.

Ford Law is a personal injury firm serving North Texas. Attorney Matthew Ford is a former insurance defense attorney who now exclusively represents injured individuals and their families.

Injured in a car accident? Learn more about our car accident legal services or contact attorney Matthew Ford for a free consultation. As a former insurance defense lawyer, he knows how to maximize your claim.