What to Do If the Other Driver Doesn’t Have Insurance in Texas

Getting into a car accident is stressful enough—but discovering the other driver doesn’t have insurance can make an already difficult situation even more overwhelming. Unfortunately, this scenario is all too common in Texas, where thousands of drivers are uninsured or underinsured.

At The Law Office of Silverio Martinez P.C., we help injury victims understand their legal options and pursue the compensation they deserve—even when the at-fault driver lacks insurance coverage.

Here’s what you need to know and what steps to take after being hit by an uninsured driver in Texas.

Just like any other accident, the first step is to stay calm and ensure everyone’s safety. Then, gather as much information as possible:

Even if the driver admits they don’t have insurance, never accept cash or verbal promises. Instead, call the police so there’s an official report. That documentation can play a key role when filing a claim through your own insurance or pursuing legal action later.

For a step-by-step breakdown of what to do after any collision, visit our guide on Car Accidents in Texas: What to Do Immediately After a Crash.

Under Texas law, all drivers must carry a minimum level of liability insurance (often called 30/60/25 coverage):

However, many drivers violate this law and drive uninsured. When that happens, your insurance coverage—especially if you have Uninsured/Underinsured Motorist (UM/UIM) protection—can make all the difference.

If the at-fault driver has no insurance, your Uninsured Motorist (UM) coverage can compensate you for:

If the driver has insurance but not enough to cover your losses, your Underinsured Motorist (UIM) coverage fills that gap.

UM/UIM coverage is optional in Texas, but insurance companies must offer it—and you can only reject it in writing. If you’re unsure whether you have this protection, check your policy or contact your insurance provider.

If you don’t have UM/UIM coverage—or if your insurer denies your claim—you may need to pursue compensation directly through a personal injury lawsuit.

While suing an uninsured driver can be challenging, especially if they lack financial resources, a skilled attorney can:

Our firm has successfully handled complex uninsured motorist cases across Texas, helping victims recover damages even when traditional insurance options seemed unavailable.

To learn more about how personal injury lawsuits work, read our detailed guide on What to Expect in a Texas Personal Injury Lawsuit: Step-by-Step Guide.

To protect your claim, avoid the following:

Insurance companies often use these mistakes to devalue or deny your claim. Having a lawyer handle communication ensures your rights are fully protected.

Under the Texas statute of limitations, you generally have two years from the date of the accident to file a personal injury claim.

Delaying can make it harder to collect evidence, find witnesses, or secure compensation through insurance or litigation. Acting quickly gives your attorney more leverage to build a strong case on your behalf.

For more information about claim timelines, visit How Long Do You Have to File a Personal Injury Claim in Texas.

If you’ve been injured in a car accident with an uninsured or underinsured driver, you don’t have to face it alone.

At The Law Office of Silverio Martinez P.C., we provide strategic, aggressive representation to ensure your medical expenses, lost wages, and damages are covered. Whether through negotiation or litigation, we fight for the compensation you deserve.

Schedule a free consultation today by calling (956) 724-5047 or visiting silveriomartinezlaw.com/contact.