The Uninsured Driver Problem in Texas
Texas has one of the highest rates of uninsured drivers in the nation. Studies estimate that roughly one in five drivers on Texas roads does not carry the minimum required auto insurance. That means every time you drive to work, take your children to school, or run errands, there is a significant chance the driver next to you has no insurance at all. If that driver causes an accident and injures you, the consequences can be financially devastating without the right preparation and legal guidance.
Your Options After Being Hit by an Uninsured Driver
Uninsured Motorist (UM) Coverage
The most important protection you can carry on your own auto insurance policy is uninsured/underinsured motorist coverage, commonly known as UM/UIM. This coverage pays for your injuries and damages when the at-fault driver has no insurance or does not carry enough insurance to cover your losses.
Texas law requires your auto insurance company to offer you UM/UIM coverage. However, you can reject it in writing. Many Texans unknowingly decline this coverage to save on premiums, a decision that can cost them dearly if they are hit by an uninsured driver. If you currently do not have UM/UIM coverage, contact your insurance agent immediately to add it.
Filing a Claim Under Your UM/UIM Policy
When you file a UM/UIM claim, you are making a claim against your own insurance company, not the uninsured driver's company. While your insurer is supposed to act in good faith, the reality is that they will still try to minimize your payout. They may dispute the severity of your injuries, argue that your treatment was excessive, or offer a lowball settlement. Having an attorney represent you in a UM/UIM claim is just as important as having one for a third-party liability claim.
Personal Injury Protection (PIP) and MedPay
If you carry PIP or MedPay coverage on your policy, these can help cover immediate medical expenses and lost wages regardless of who was at fault. PIP and MedPay are typically limited in amount but provide fast access to funds when you need them most.
Suing the Uninsured Driver Directly
You have the legal right to file a lawsuit against the uninsured driver personally. However, pursuing a judgment against someone without insurance often means pursuing a judgment against someone without significant assets. Even if you win a court judgment, collecting the money can be extremely difficult if the driver has no means to pay. In some cases, a judgment can be collected through wage garnishment or property liens, but these are slow and uncertain processes.
Why UM/UIM Coverage Is Essential in Texas
Given the high number of uninsured drivers on Texas roads, carrying adequate UM/UIM coverage is one of the most important financial decisions you can make. The minimum liability coverage in Texas ($30,000 per person, $60,000 per accident) is often insufficient to cover serious injuries. Underinsured motorist coverage fills the gap when the at-fault driver's insurance limits fall short of your total damages.
Consider carrying UM/UIM limits that match your own liability limits. The added cost is typically modest compared to the protection it provides. If you are in a serious accident with an uninsured or underinsured driver, this coverage could be the difference between receiving fair compensation and being left with nothing.
Protecting Our Community
The epidemic of uninsured driving in Texas puts every responsible driver at risk. When uninsured drivers cause accidents and walk away from the financial consequences, the burden falls on their victims. Pursuing your legal options after being hit by an uninsured driver is not just about your own recovery. It reinforces the principle that everyone who operates a vehicle on public roads has a responsibility to the safety and financial security of the community.
Call Medina & Medina for a Free Consultation
If you have been hit by an uninsured or underinsured driver in Texas, you still have options. Call Medina & Medina at (512) 883-0012 for a free consultation. We will review your insurance coverage, explain your rights, and fight to recover the compensation you deserve. You pay nothing unless we win your case.
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