Personal Injury

What to do when injured by an uninsured driver?

By Ted Smith, Attorney · Originally published February 4, 2019. Updated July 16, 2026.

Texas law requires drivers to show financial responsibility, usually through liability insurance, though state law recognizes other methods. If you were hurt in a wreck and the at-fault driver had no insurance, or not enough to cover your losses, you still have paths to recovery. The most likely one runs through your own policy, not theirs.

Your Own Policy Is Usually the First Stop

Texas insurers must offer uninsured/underinsured motorist (UM/UIM) coverage on every auto policy sold in the state. You can turn it down, but only in writing. If you never signed a written rejection, there is a good chance you have this coverage right now, even if you have never used it.

UM/UIM coverage pays your medical bills, lost income, and pain and suffering when the at-fault driver has no insurance or not enough to cover your damages. It also applies in hit-and-run accidents, provided the crash is reported to police. The Texas Department of Insurance explains the coverage and the written-rejection rule in its consumer guide on uninsured motorist coverage.

Filing a UM/UIM claim with your own carrier still requires proof. You have to show the other driver caused the wreck, and you have to document your damages the same way you would in a claim against a third party’s insurer. Recovery is capped at your policy’s UM/UIM limits, so it matters what limits you selected when you bought the policy. Texas UIM benefits generally require a determination of the other driver’s liability and the amount of damages. A separate bad-faith or statutory claim is fact-specific, and a denial alone does not establish one.

Suing the At-Fault Driver Directly

If you declined UM/UIM coverage, or your damages exceed your policy limits, you can still bring a personal claim against the at-fault driver. This path depends heavily on what you gathered at the scene. Get the other driver’s full name, phone number, address, license plate, and the make, model, and color of the vehicle. Photograph the vehicles, the road, and any visible injuries. In hit-and-run cases, some of this information will be out of reach, so anything a witness or nearby camera can supply matters.

Texas law generally gives you two years after a claim accrues to file a personal injury lawsuit, subject to exceptions. That deadline is set by the Texas Civil Practice and Remedies Code and concerns filing suit, not settling the claim. Miss the applicable filing deadline, and you generally lose the right to recover, no matter how strong the underlying claim was.

Report the Crash and Get a Copy of the Report

When a crash involves an injury, notify local police or the sheriff’s office at the scene. The resulting crash report may include the responding officer’s observations and information reported about the drivers and insurance. It is evidence, not a binding determination of fault or verified coverage, and those issues may remain disputed. Keep a copy for your own records and give one to whichever insurer ends up handling your claim, your own carrier or the at-fault driver’s, if one turns up later.

The Military Angle at Fort Hood

If you are active duty or a military dependent and the crash happened while you were stationed at Fort Hood (formerly Fort Cavazos), keep your orders and any PCS paperwork handy. They can matter if your claim timeline overlaps with a move, and an attorney familiar with military scheduling can help coordinate around deployment or training windows.

Watch the Recorded Statement

Insurance adjusters, including your own carrier’s, will often ask for a recorded statement soon after the crash. That statement gets used to evaluate your claim, and it can also be used to limit what the insurer eventually pays. Texas Law Help’s guide to automobile accident insurance coverage notes that insurers cannot delay payment just to pressure you into signing a release. Before you give a statement or sign anything, it is worth having an attorney review it first.

Get Professional Legal Help

An uninsured-driver claim is not simple because the other side never has a policy backing them up. An experienced personal injury attorney can walk through your UM/UIM options, help you build the damage record insurers expect, and push back on a low offer that falls short of what your policy allows. The personal injury team at Ted Smith Law Group has served Central Texas since 1976, including many Fort Hood (formerly Fort Cavazos) military families dealing with an uninsured-driver crash while stationed here or passing through.

FAQ

Does my own insurance go up if I file a UM/UIM claim after being hit by an uninsured driver? Rate impacts depend on your carrier and policy, since the crash was not your fault. Ask your agent directly, and review your declarations page before filing.

What if I already gave a recorded statement to the adjuster? Talk to an attorney as soon as possible. It does not automatically end your claim, but it helps to know what was said before further negotiations move forward.

Can I still recover if the other driver fled the scene? Hit-and-run claims typically fall under your UM/UIM coverage, but Texas Department of Insurance guidance notes you generally need to have reported the accident to police to recover.

What if the at-fault driver had some insurance, just not enough? That is underinsured motorist coverage, which works the same way as uninsured coverage but applies when the at-fault driver’s policy limits are lower than your damages.

Sources

Call or text (254) 690-5688 for a free consultation about your personal injury claim.