What If the Driver That Hit Me Has No Insurance?

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Key Takeaway:

If you’re hit by an uninsured driver in Texas, you may be able to recover compensation through your UM/UIM policy, health insurance, or by filing a lawsuit—the best option depends on your case.

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Driving without insurance is illegal in Texas, but that doesn’t stop people.

According to a 2022 study by the Insurance Information Institute (III), an estimated 13.8% of Texas drivers have no insurance. With over 18 million drivers registered in the state, that means over 2 million may be driving uninsured.

If one of them hits you, what are your options?

Your Options After an Accident With an Uninsured Driver

If you’re injured in a crash and the at-fault driver has no insurance, you generally have three paths for compensation:

• UM/UIM Coverage (Uninsured/Underinsured Motorist)
  If you didn’t opt out of this coverage in writing, your policy likely includes it. UM/UIM can cover medical bills, lost wages, property damage, and non-economic damages like pain and suffering. It’s often the most complete and effective option.

• Health Insurance
  Your health insurance can help cover medical treatment, but it does not cover property damage or non-economic damages like pain and suffering.
  It’s a fallback option, not ideal.

• A Personal Injury Lawsuit
  You might consider a lawsuit if:

  • The uninsured driver has substantial personal assets (rare).

  • A third party contributed to the accident (another driver, manufacturer, etc.).

Unfortunately, most uninsured drivers have limited resources, and lawsuits are rarely successful unless third-party liability is involved.

What’s the Best Option?

Every case is unique—the best option for you will depend on the circumstances of your case.

That being said, filing through your UM/UIM coverage is the best path in many cases. It usually provides broader protection and doesn’t rely on the at-fault driver having assets.

No matter what option you’re leaning towards, speak to a personal injury attorney first.

Hit by an Uninsured Driver? Call Shaw!

If you were injured by an uninsured motorist anywhere in Texas, don’t wait. You may still be entitled to compensation for:

• ER Treatment

• Medical Bills

• Pain and Suffering

• Property Damage

• Missed Work

• And More

Call Shaw at 800-862-1260 today for a free case evaluation. No fees. No obligations. Just the legal support you need to move forward.

We look forward to serving you.