What Happens if the Driver Who Hit You Has No Insurance in Texas?

 Posted on October 16, 2026 in Car Accidents

Finding out the driver who hit you has no insurance adds another worry after a crash. With medical bills arriving and your car needing repairs, you have to consider how you will pay.

An uninsured driver does not leave you without a way to recover compensation. Your own insurance coverage could help, and the driver remains responsible for the harm they caused. If you were injured in a car accident in 2026, our Dallas, TX personal injury attorney will help you identify your options.

Does Your Texas Auto Insurance Include Uninsured Motorist Coverage?

Texas auto policies must include uninsured motorist coverage unless a named insured rejects it in writing. Under Texas Insurance Code Section 1952.101, this coverage protects insured people who are entitled to recover damages from an uninsured driver. You make the claim through your own insurance company.

Check your policy’s declarations page, which lists your coverages and limits. If your insurer says you do not have uninsured motorist coverage, ask for the written rejection. Your attorney should review that document along with the policy before accepting the insurer’s position.

What Does Uninsured Motorist Coverage Pay for in Texas?

Uninsured motorist coverage addresses injuries and property damage caused by an uninsured driver. Depending on the coverage involved, payment includes medical expenses, compensation for pain and suffering, and vehicle repair or replacement costs. Rental expenses and a loss in your vehicle’s value after repairs are also covered losses under applicable coverage.

The policy limits set the most your insurer will pay under each coverage. If your losses exceed those limits, the policy does not require the company to pay the full amount simply because the other driver was uninsured.

What if You Do Not Have Uninsured Motorist Coverage in Texas?

Other coverage helps with certain expenses even without uninsured motorist protection. Review your policy for:

• Collision coverage, which pays to repair or replace your damaged vehicle, subject to your deductible.
• Personal injury protection (PIP), which pays covered medical expenses and a portion of lost income.
• Medical payments coverage, which pays covered medical bills for you and your passengers.

Texas policies include PIP unless it was rejected in writing. Be aware that these coverages address specific costs. They do not replace uninsured motorist coverage for losses such as pain and suffering.

Can You Sue an Uninsured Driver in Texas?

You have the right to pursue a lawsuit against a driver whose negligence caused your injuries. Having no insurance does not remove their responsibility to pay for the harm they caused. To recover compensation, you must prove that the driver caused the crash and document your losses, such as medical bills and missed income.

However, winning a judgment and collecting payment are separate issues. A driver without assets available for collection might be unable to pay a judgment. Your attorney should assess whether a lawsuit offers a practical way to recover compensation before you take that step.

Could Another Insurance Policy Cover the Uninsured Driver in Texas?

Another policy could cover the crash even if the driver has no insurance of their own. For example, if they borrowed the vehicle, the owner’s auto policy might provide liability coverage when the driver had permission to use it. Coverage still depends on the policy’s terms, including any driver exclusions.

If the driver was working when the crash happened, an employer’s commercial auto policy could also apply. You should review who owned the vehicle and why the driver was using it to identify other available coverage.

Contact a Dallas, TX Car Accident Attorney

An accident with an uninsured driver means investigating every available source of compensation. At the Law Office of J. Gregory Marks, our attorney will help you understand your coverage and pursue the compensation that you deserve.

Attorney Gregory Marks brings more than 35 years of legal experience to his practice and has recovered millions of dollars for his clients. For a free consultation, contact our Plano, TX car accident lawyer or call 214-427-4417.