Being involved in a car accident is stressful enough. But finding out the at-fault driver is uninsured can make the situation even more complicated—especially in a city like Houston, where traffic is heavy and accidents are common. So, what exactly happens if the person responsible for your crash has no auto insurance?
This article explains your legal options, the role of insurance, compensation possibilities, and the best steps to take if you’re hit by an uninsured driver in Texas.
Texas Auto Insurance Laws: A Quick Overview
Under Texas law, drivers must carry minimum liability insurance. As of 2025, the required minimums are:
| Coverage Type | Minimum Amount |
|---|---|
| Bodily Injury (per person) | $30,000 |
| Bodily Injury (per accident) | $60,000 |
| Property Damage | $25,000 |
If a driver doesn’t carry this insurance, they are violating the Texas Transportation Code and could face fines, license suspension, and vehicle impoundment.
Immediate Steps to Take After a Crash with an Uninsured Driver
- Call the Police – Always report the accident. This will generate an official report which is critical when filing a claim.
- Exchange Information – Get the other driver’s name, contact info, and license plate, even if they’re uninsured.
- Document Everything – Take photos, note witness names, and record details.
- Notify Your Insurance Company – Tell them the other driver is uninsured. This starts the claims process.
Does Uninsured Motorist Coverage Help?
Yes. If you have Uninsured/Underinsured Motorist Coverage (UM/UIM) on your policy, it can cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
UM/UIM is not mandatory in Texas, but insurers must offer it. You can only reject it in writing.
Without UM/UIM?
If you didn’t opt for this coverage, your options narrow, and you may need to pursue legal action to recover compensation.
Can You Sue an Uninsured Driver in Texas?
Yes, but it’s not always worth it. If the at-fault driver doesn’t have insurance, they likely don’t have significant assets either. A court might award you damages, but collecting payment can be difficult.
You can:
- File a civil lawsuit for damages
- Attempt wage garnishment if you win
- File a lien against their property (if they own any)
However, lawsuits can be expensive and time-consuming. Always weigh the costs against the potential recovery.
What If You Have Personal Injury Protection (PIP) or MedPay?
Texas insurance policies may include PIP or Medical Payments (MedPay) coverage. These can help pay for your medical expenses, regardless of who was at fault.
| Coverage Type | Purpose | Fault Required? |
| PIP | Covers medical bills and lost wages | No |
| MedPay | Covers only medical bills | No |
If you’ve added these to your policy, they can ease the financial burden even when the at-fault party is uninsured.
Filing a Claim with the Texas Crime Victims’ Compensation Program
If you suffered serious bodily injury, you may be eligible for aid through the Texas Crime Victims’ Compensation Program, which can cover:
- Medical expenses
- Mental health counseling
- Funeral costs (in fatal crashes)
While not a replacement for insurance, it’s an option if you’re left with no way to recover damages.
Can the Uninsured Driver Go to Jail?
Typically, driving without insurance is a civil offense, not criminal. However, if the uninsured driver:
- Was driving recklessly
- Was under the influence
- Caused serious bodily injury or death
Then they may face criminal charges, including jail time.
Tips to Protect Yourself from Uninsured Drivers in the Future
- Add UM/UIM to your policy if you haven’t already.
- Keep dashcam footage for extra evidence.
- Always file a police report, even for minor crashes.
- Regularly review your insurance policy for coverage gaps.
FAQs
What if both drivers are uninsured?
You may need to cover your own damages unless you have PIP, MedPay, or can seek restitution via a lawsuit.
How common are uninsured drivers in Texas?
As of recent reports, about 8–10% of Texas drivers are uninsured—meaning roughly 1 in 10 cars could leave you financially exposed.
Will my rates increase if I use UM/UIM?
Possibly, but far less than if you pay out-of-pocket. Ask your insurer about specific policy impacts.
Can I still get compensation for pain and suffering?
Yes, if you have UM coverage or win a lawsuit. These damages can be included in your claim.
How long do I have to file a claim or lawsuit?
Texas has a two-year statute of limitations from the date of the accident to file a lawsuit for injury or damages.
Final Thoughts
Getting hit by an uninsured driver in Houston can feel like a dead end—but it doesn’t have to be. With the right insurance (like UM/UIM, PIP, or MedPay), proper documentation, and legal guidance, you can still recover damages. If you’re unsure how to proceed, it’s wise to consult a Texas personal injury attorney who can help you navigate your options and secure the compensation you deserve.
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