You got hit. The crash was clearly the other driver’s fault. But when the dust settles—you find out they have no insurance.
Now what?
In Texas, this isn’t just a headache. It’s a legal and financial mess that can leave you stuck unless you know your options.
The good news?
You’re not completely out of luck. There are ways to recover compensation even when the at-fault driver has no coverage.
Here’s what you need to know.
1. Texas Is an At-Fault State—But That’s Only the Beginning
Texas uses an “at-fault” or tort system. That means the driver who caused the crash is legally responsible for paying for the damage. Usually, this is handled by insurance.
But if the at-fault driver doesn’t have any insurance—and they’re breaking the law by the way—you can’t file a normal liability claim.
So, what do you do instead?
2. Check Your Own Policy for UM/UIM Coverage
Check your car insurance policy for something called:
- Uninsured Motorist (UM) coverage
- Underinsured Motorist (UIM) coverage
These coverages are designed exactly for situations like this. In Texas, insurance companies are required to offer UM/UIM coverage. You can reject it in writing, but if you didn’t, it’s likely included in your policy.
What does UM/UIM cover?
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Sometimes even hit-and-run situations
If you’re not sure if you have this coverage, call your insurance company and ask. It’s one of the few times you’ll be glad to be paying those premiums.
3. Personal Injury Protection (PIP) or MedPay May Help
Even if you don’t have UM/UIM, you might still have Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage. Both pay for your medical bills regardless of fault.
Key difference:
- PIP covers medical expenses and lost wages
- MedPay only covers medical costs
These are optional in Texas but highly recommended. If you have either, they can kick in immediately while you explore other legal options.
4. You Can Sue the At-Fault Driver Personally—But It’s Risky
Let’s say you don’t have UM/UIM and you’re not covered by PIP or MedPay. Can you still go after the other driver?
Technically, yes.
You can file a personal injury lawsuit and try to recover money directly from them.
But here’s the catch: People who don’t have insurance usually don’t have assets either. So even if you win in court, they might not be able to pay. It’s often a hollow victory unless the driver has savings, property, or a steady income that could be garnished.
This is where an experienced car accident lawyer becomes crucial. A firm like Jim Adler & Associates will investigate the driver’s financial situation and advise if a lawsuit is worth pursuing.
5. Other Possible Compensation Sources
In some cases, there may be other parties who share responsibility for the crash:
- A vehicle manufacturer (if defective parts played a role)
- A bar or restaurant (in dram shop cases where alcohol was overserved)
- A third-party driver (such as in multi-car collisions)
- The driver’s employer (if they were on the job)
These routes require investigation and legal strategy—but they can open the door to additional compensation even when the at-fault driver is uninsured.
6. Why You Need a Lawyer in These Cases
Uninsured driver cases are not simple. You’re dealing with:
- Your own insurance company (who may deny or lowball your UM/UIM claim)
- Complex liability laws
- Potential third-party fault
- Limited recovery options
At Jim Adler & Associates, we’ve helped thousands of Texas drivers recover money in tough situations—including crashes where the other driver was uninsured.
We’ll review your policy, evaluate your options, and fight to get you paid—even if the odds look stacked against you.
What to Do Immediately After the Crash
If you were just in an accident with an uninsured driver, do these things now:
- Call the police and get an official accident report ✅
- Take photos of damage, injuries, license plate, and ID ✅
- Gather witness contact info ✅
- Get medical attention (even if you feel “fine”) ✅
- Notify your insurance company (but don’t admit fault) ✅
- Contact a car accident lawyer ASAP ✅
This sets the foundation for any future claim or lawsuit.
Frequently Asked Questions
Q: What if I was a passenger in the car that got hit?
A: You can usually make a UM/UIM claim on the driver’s policy or your own, if available.
Q: Can I use health insurance to cover medical costs?
A: Yes, but you may be required to reimburse them later if you get a settlement.
Q: How long do I have to file a claim in Texas?
A: The general statute of limitations is 2 years, but don’t wait. Some UM/UIM policies have tighter notice requirements.
You’re Not Out of Options
Getting hit by someone with no insurance feels like insult on top of injury—but you still have paths forward. The key is acting fast and getting the right legal team in your corner.
Don’t let someone else’s irresponsibility leave you paying the price.
Call Jim Adler today for a FREE consultation and let’s talk through your options. We’ve helped Texans recover money—even when the at-fault driver had nothing.
