Uninsured and Underinsured Motorist Claims in Texas

Many drivers on Texas roads carry only the minimum insurance, and some carry none at all. If the driver who hit you has no insurance, not enough insurance, or drove away, your own auto policy may still protect you through uninsured/underinsured motorist (UM/UIM) coverage.

Hit by an uninsured or hit-and-run driver?

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How UM/UIM Coverage Works in Texas

Texas insurers must include UM/UIM coverage in auto policies unless a named insured rejected it in writing (Texas Insurance Code §1952.101). If you never signed a written rejection, you may have this coverage even if you do not remember buying it.

Uninsured motorist (UM): pays when the at-fault driver has no liability insurance.
Underinsured motorist (UIM): pays when the at-fault driver’s insurance is not enough to cover your losses. For example, the Texas minimum is only $30,000 per injured person, which may not cover a hospital stay.
Hit-and-run: many Texas policies treat an unidentified hit-and-run driver as uninsured, but policies commonly require actual physical contact with your vehicle. Report the crash to police right away.

Your Own Insurance Company Becomes the Other Side

A UM/UIM claim is made against your own insurer, but the insurer evaluates it much like the at-fault driver’s insurer would. It may dispute fault, question your injuries or offer less than the claim is worth. Policies also contain notice, consent-to-settle and cooperation requirements that can affect your claim if they are not followed.

Steps to Protect a UM/UIM Claim

Call the police and get a crash report, especially in a hit-and-run.
Notify your own insurance company promptly.
Do not settle with the at-fault driver’s insurer without checking your policy’s consent requirements.
Get a copy of your full policy and declarations page.
Keep all medical records, bills and proof of lost wages.
Talk to an attorney before giving a recorded statement.

Uninsured Motorist FAQ

Will a UM claim raise my insurance rates?

It depends on your insurer, your policy and who was at fault. Ask your insurance agent how a not-at-fault claim is treated under your policy.

Can I use UM/UIM and PIP together?

Often, yes. Personal injury protection (PIP) pays certain medical expenses and lost wages regardless of fault, while UM/UIM covers damages caused by an uninsured or underinsured driver.

How long do I have to bring a UM/UIM claim?

Deadlines depend on the policy and the type of claim. Do not wait. Notify your insurer promptly and talk to an attorney.

Talk to an attorney about your UM/UIM claim