What If the Other Driver Has No Insurance in Texas?

If the driver who hit you in Texas has no insurance, you may still be able to recover money for your injuries and car damage. Start by calling the police when appropriate, getting medical care, documenting the crash, and notifying your own insurer. The coverage available depends on the policy you have—not simply on who caused the collision.

Car with a shattered windshield and front-end damage, illustrating a collision involving an uninsured driver — Photographing vehicle damage can help preserve evidence after a crash. Photo via Pexels.

This guide explains what to do next, which insurance may pay, whether you can sue the uninsured driver, and which mistakes can make a claim harder.

Quick answer: Who pays if the other driver has no insurance?

Uninsured/underinsured motorist (UM/UIM) coverage: May cover eligible injuries and vehicle damage caused by an uninsured driver, subject to your policy and proof requirements.
Collision coverage: May pay to repair or replace your vehicle, even when the other driver has no insurance. A deductible usually applies.
Personal injury protection (PIP) or medical payments coverage: May help pay medical expenses; PIP can also cover certain lost income and other costs, subject to the policy.
Your health insurance: May help with medical treatment, depending on your plan and coordination-of-benefits rules.
The at-fault driver personally: You may be able to pursue a claim or lawsuit, but collecting a judgment can be difficult if the driver has few assets.

These options are not interchangeable. Check your declarations page and ask your insurer to explain the exact coverages and limits in writing.

1. What should you do immediately after the crash?

Get to safety. Move away from traffic if you can do so safely. Call 911 for injuries, danger, a suspected impaired driver, or a driver who leaves the scene. Texas transportation guidance specifically advises calling police when a driver has no insurance or leaves the scene.
Get medical care. Some injuries are not obvious right away. Keep discharge papers, treatment notes, prescriptions, bills, and follow-up instructions.
Document what happened. Photograph the vehicles, damage, road layout, traffic signs, debris, and visible injuries if it is safe. Write down the time, location, weather, and what you remember.
Collect information. Save the other driver’s name, contact details, license plate, vehicle details, and any insurance information they provide. Ask witnesses for names and phone numbers.
Report the crash to your insurer promptly. Follow the notice requirements in your policy. Ask for a claim number and the adjuster’s contact information.
Keep every record. Save the police report number, repair estimates, rental-car receipts, medical bills, proof of missed work, and messages with insurers.

Official guidance: TxDOT’s collision-safety guidance and the Texas Department of Insurance’s post-crash checklist.

2. Which insurance can help in Texas?

Coverage	What it may pay for	Important point
UM/UIM	Eligible bodily injury losses and, if you purchased the relevant coverage, property damage caused by an uninsured or underinsured driver.	Texas insurers must offer this coverage, but a named insured can reject it in writing. Check your actual policy.
Collision	Repair or replacement of your vehicle after a covered collision.	You generally pay your deductible first. This coverage does not by itself compensate you for bodily injury.
PIP	Covered medical expenses and certain other losses, such as some lost income.	Texas auto insurers must offer PIP; a policyholder can reject it in writing. Check the limit and terms.
Medical payments	Eligible medical bills for covered people.	Coverage and limits depend on the policy.
Health insurance	Medical treatment covered under your health plan.	Deductibles, network rules, and reimbursement rights may apply.

Texas Insurance Code Chapter 1952 addresses UM/UIM coverage. The official statute, Section 1952.101, requires insurers to offer the coverage with an option for the named insured to reject it in writing. The Texas Department of Insurance also explains these protections in its auto insurance guide.

3. What if you have no UM/UIM coverage?

You may still have other options. Collision coverage may help with vehicle repairs, while PIP, medical payments coverage, or health insurance may help with medical bills. The exact answer depends on what you purchased, policy exclusions, deductibles, and who was legally at fault.

You may also have a legal claim against the driver who caused the crash. But winning a claim and actually collecting money are different things. If the driver has no insurance and limited income or assets, a lawsuit may not result in a practical recovery. Consider the likely costs and collectible assets before deciding how to proceed.

4. Can you sue an uninsured driver in Texas?

Potentially, yes. A driver’s lack of insurance does not automatically erase legal responsibility for a crash. You generally need evidence that the driver was legally at fault and that the crash caused your losses. The driver may dispute fault, injuries, or the amount claimed.

Before filing a lawsuit, consider:

Whether you can identify and locate the driver.
Whether photos, witnesses, a police report, or other evidence supports your account.
The extent of your medical treatment, lost income, and property damage.
Whether the driver appears to have assets or income from which a judgment could be collected.
Whether your own policy provides UM/UIM or other applicable coverage.

Texas personal-injury lawsuits commonly have a two-year limitations period, but the correct deadline can depend on the facts and exceptions. Do not wait for an insurer to finish investigating before checking the court deadline. Read our separate guide to how long you have to file a personal injury lawsuit in Texas.

5. What if the uninsured driver caused a hit-and-run?

Call police and report the crash as soon as possible. Give your insurer the report number and any available details, such as a partial plate number, vehicle color, direction of travel, nearby cameras, or witness information.

UM/UIM coverage may apply to a hit-and-run, but policy language and proof rules matter. Do not assume that a claim will be covered just because the other driver disappeared. Ask your insurer what evidence it needs and whether the policy requires physical contact or other specific proof when the driver cannot be identified.

6. What evidence should you keep?

Police report number and any crash report you obtain.
Photographs, video, dashcam footage, and nearby camera details.
Witness names and contact information.
Medical records, bills, prescriptions, and treatment recommendations.
Employer records showing missed work or lost income.
Repair estimates, towing and storage invoices, and rental-car costs.
Insurance declarations, claim letters, adjuster messages, and claim numbers.

Keep originals where possible and store copies in one folder. Do not alter photos or delete messages that may help establish what happened.

7. Mistakes that can hurt your claim

Waiting too long to report the crash: Your policy may require prompt notice, and delay can make evidence harder to find.
Assuming the other driver’s lack of insurance means you have no options: Review UM/UIM, collision, PIP, medical payments, and health coverage.
Giving a recorded statement without understanding the request: Ask who is requesting it, why it is needed, and whether you can review your records first.
Signing a broad release too early: A settlement may close claims before you know the full extent of your injuries. Understand what you are giving up.
Ignoring deadlines: Insurance deadlines and lawsuit limitation periods are different. Track both.
Assuming the police report automatically decides fault: It is useful evidence, but an insurer or court may consider other facts too.

Frequently asked questions

Does Texas require uninsured motorist coverage?

Texas insurers generally must offer UM/UIM coverage, but the named insured may reject it in writing. Check your policy to see whether you have it and what limits apply.

Will my insurance go up if I use my own coverage?

It depends on the circumstances, the coverage used, and applicable insurance rules. Ask your insurer how a not-at-fault claim may affect your policy; do not assume the answer is the same for every claim.

Who pays my medical bills if the other driver has no insurance?

Depending on your policy and circumstances, PIP, medical payments coverage, UM/UIM bodily-injury coverage, or health insurance may help. Keep bills and treatment records and ask each insurer how benefits coordinate.

Can I recover pain and suffering?

Possibly, if you have a valid bodily-injury claim and the applicable coverage or defendant can pay it. Coverage terms, evidence, fault, and legal limits affect the result.

What if the other driver has some insurance, but not enough?

That is the situation underinsured motorist coverage is designed to address, subject to the policy’s limits and requirements. Compare the available liability limits with your documented losses and ask your insurer about UIM.

Official sources and further reading

Related KYSL guide: Who is liable for a truck accident in Texas?

Legal information disclaimer: This article provides general educational information, not legal advice. Insurance policies and crash facts differ. Check current Texas law and your policy, and consider speaking with a licensed Texas attorney about a specific claim or deadline.