What If the Other Driver Doesn’t Have Insurance?

If the driver who hit you has no insurance, you still have options. Texas law gives Houston drivers several ways to recover money after a crash like this, and Mokaram Injury Lawyers helps clients use every one of them.

Call us at 281-222-2222 or contact us online to talk through your options after a crash with an uninsured or underinsured driver. Several types of coverage can pay your claim, one key evidence rule applies to hit-and-run cases, and filing deadlines apply too.

What Coverage Applies When the At-Fault Driver Has No Insurance?

You have options when the at-fault driver carries no insurance, and more than one type of coverage may apply to your situation:

• Uninsured/underinsured motorist (UM/UIM) coverage: Under Section 1952.101 of the Texas Insurance Code, every Texas auto insurer must offer this coverage on your own policy, unless you rejected it in writing. You can file a claim with your own company even when the other driver had none.
• Personal injury protection (PIP): Section 1952.152 of the Texas Insurance Code requires PIP coverage on Texas auto policies, unless you rejected it in writing. PIP pays your medical bills first, no matter who caused the crash.
• Collision coverage: This pays to fix or replace your car no matter what the other driver carries, since it is your own optional coverage, not something the law requires.
• A direct lawsuit against the at-fault driver: Texas is a fault-based state, so the driver who caused the crash stays responsible even without insurance. You must file suit within the two-year deadline set by Section 16.003 of the Texas Civil Practice and Remedies Code.

Uninsured vs. Underinsured: What’s the Difference?

An uninsured driver carries no liability coverage at all. An underinsured driver has coverage that is too small to pay for what the crash actually cost you.

Under Section 1952.103 of the Texas Insurance Code, a vehicle counts as underinsured if its liability coverage started out lower than your own underinsured motorist limit, or if its coverage dropped below that limit after paying other claims. This matters because many Texas drivers carry only the state minimum: $30,000 for one injured person, $60,000 for two or more, and $25,000 for property damage. An underinsured motorist claim often applies even when the other driver had a policy, since the minimum rarely covers a serious injury.

What if the Driver Who Hit Me Fled the Scene?

Your policy treats a hit-and-run driver as an uninsured motorist, but Texas law requires proof first. The unknown vehicle must have made physical contact with you or your car before an unknown-driver claim can be paid.

Texas law sets this physical-contact rule for hit-and-run claims involving an unknown vehicle. Get a police report on record and seek medical care right away. These records often provide the only proof linking an unknown vehicle to your crash.

How Much Can Underinsured Motorist Coverage Pay?

Underinsured motorist coverage pays what you are legally entitled to recover from the at-fault driver, up to your own policy’s limit, minus whatever the at-fault driver’s insurer already paid or owes.

Section 1952.106 of the Texas Insurance Code caps your recovery at your own policy limit and reduces your payout dollar for dollar by what the at-fault driver’s insurer already paid, so the two amounts do not stack. “Legally entitled to recover” means you still have to prove fault and show the value of your damages, which is where a well-documented case matters.

Mokaram Injury Lawyers handles those records for Houston car accident clients. We coordinate medical records and crash evidence while you recover, which helps the insurer see the full value of what the crash cost you.

Do I Have to Sue the Uninsured Driver Directly?

No. Filing a claim under your own uninsured/underinsured motorist coverage is usually faster and more reliable than suing the at-fault driver directly, because a judgment against an uninsured driver is often uncollectible even after you win it.

Fault does not disappear just because the driver has no insurance, but collecting on a judgment is the real problem: a driver who couldn’t afford insurance often can’t pay a judgment either. Mokaram Injury Lawyers looks into your claim and handles the paperwork on contingency, so there are no attorney’s fees unless we win.

How Long Do I Have to File a Claim After a Texas Car Accident?

Texas gives you two years from the date of the crash to sue the at-fault driver. Your own insurer’s policy sets its own deadline for reporting a UM/UIM claim, and that deadline is usually shorter, so check your policy or ask your attorney right away rather than waiting to find out.

Frequently Asked Questions

What Should I Do First After Being Hit by a Driver With No Insurance in Houston?

•     Call the police and get an accident report on file.
•     Photograph the scene and any contact damage to your car.
•     Exchange information with the other driver even though they have no insurance.
•     Get medical care right away, even if you feel fine at the scene.

Will Filing a UM/UIM Claim Raise My Insurance Rates?

No. Texas law prohibits insurance companies from raising your premiums specifically because you filed a UM/UIM claim. If you carry this coverage and need it, using it is exactly what it is there for.

What If the Insurance Company Says I Was Partly at Fault?

Texas follows a modified comparative fault rule. You can still recover compensation as long as you were not more than 50% responsible for the crash, though your recovery is reduced by your own share of fault.

Insurers handling UM/UIM claims often raise this argument aggressively, since your own insurer is the one paying and has an incentive to minimize the payout. Documenting the scene, getting witness statements, and avoiding a recorded statement before speaking with an attorney all help protect against an inflated fault percentage.

What Does It Cost to Find Out If I Have a Claim Against an Uninsured Driver?

Mokaram Injury Lawyers handles uninsured and underinsured motorist claims on contingency. There are no attorney’s fees unless we win your case, and case expenses such as filing fees, expert costs, and medical record fees are generally advanced by our firm and repaid from your settlement or award.

Talk to a Houston Car Accident Lawyer About Your Uninsured Motorist Claim

If the driver who hit you had no insurance, or not enough, you still have a path to recovery. Mokaram Injury Lawyers can review your policy and identify every coverage that applies, and our Houston car accident team handles the claim on your behalf while you focus on getting better.

Call us at 281-222-2222 or contact our team to talk through your options.