You did everything right. You stopped, called the police, and exchanged information at the scene. But when you discover the driver who hit you has no insurance, the situation shifts from stressful to genuinely frightening, leaving you wondering who is going to pay for your medical bills, your car, and the income you lost while you were unable to work.
You are not without options. Byrd Davis Alden & Henrichson, LLP has been fighting for accident victims in Austin and across central Texas for over 50 years, and our attorneys know exactly how to pursue the compensation you deserve when the at-fault driver lacks coverage. If you were hurt by an uninsured motorist, our team can help you understand every path forward.
How Common Is This Problem?
This scenario happens far more often than most people realize. According to the Insurance Information Institute, more than one in seven drivers nationwide were uninsured in 2023, a figure that has been climbing steadily over recent years. Texas requires all drivers to carry minimum liability insurance, but that legal requirement does not stop people from driving without it.
When an uninsured driver causes a crash, their victims are left holding the bill for injuries and property damage that should never have been their responsibility. Understanding your legal options quickly is critical because evidence fades and deadlines under Texas law do not wait.
Your Own Insurance May Be the First Line of Defense
Uninsured Motorist Coverage
If you purchased uninsured motorist (UM) coverage as part of your auto insurance policy, that coverage can step in to pay for medical expenses, lost wages, and pain and suffering that the at-fault driver cannot cover. Texas does not require drivers to carry UM coverage, but insurers are required to offer it. If you declined it, your policy may not provide this protection.
Even when UM coverage applies, insurance companies do not always pay what your claim is actually worth. Insurers may dispute the severity of your injuries, argue over liability, or make lowball settlement offers. This is where having experienced legal representation becomes critical. Our attorneys understand the tactics insurers use and are prepared to push back, including pursuing bad faith insurance claims when a company unreasonably denies or delays a valid claim.
Medical Payments Coverage
If you have medical payments (MedPay) coverage on your auto policy, it can help cover immediate medical expenses regardless of who was at fault in the crash. This coverage does not depend on the at-fault driver’s insurance status, which makes it a valuable resource in uninsured driver situations. MedPay is typically limited in dollar amount, but it can bridge the gap while your broader claim is being resolved.
Can You Sue an Uninsured Driver Directly?
Yes, you can file a lawsuit directly against the uninsured driver. The challenge is that many people who drive without insurance do so precisely because they are in difficult financial circumstances, which can make collecting on a judgment difficult. However, this does not mean a lawsuit is pointless. Some uninsured drivers do have assets, wages that can be garnished, or other resources that make litigation worthwhile.
Our attorneys carefully assess the at-fault driver’s situation before advising on whether direct litigation is likely to result in meaningful recovery. Texas’s approach to fault matters here as well. Under Texas comparative negligence laws, you can still recover damages as long as you were not more than 50 percent responsible for the crash. Any compensation you receive will be reduced by your percentage of fault, but if the other driver was primarily responsible, you have a strong foundation for a claim.
What If the Driver Fled the Scene?
Hit-and-run accidents present a unique layer of difficulty because you may not have the at-fault driver’s information at all. Your UM coverage typically extends to hit-and-run crashes, provided you can show that contact with the other vehicle actually occurred. Texas law requires you to report the accident and cooperate with your insurer’s investigation. Gathering witness statements, security camera footage, and any available physical evidence at the scene can be crucial to supporting your claim.
There are several steps you should take as soon as possible after any accident involving an uninsured or hit-and-run driver:
- Call the police: A police report establishes an official record of the crash and is often required when filing an insurance claim involving an uninsured driver.
- Seek medical attention: Getting evaluated right away protects your health and creates documentation linking your injuries to the accident.
- Document everything: Photograph the scene, your vehicle, and any visible injuries before leaving.
- Notify your insurer: Report the accident to your own insurance company promptly, even if the other driver had no coverage.
- Speak with an attorney: A personal injury attorney can help you understand your coverage, assess liability, and protect your right to full compensation.
Time matters in these cases. Texas has a two-year statute of limitations for personal injury claims, and waiting too long can permanently eliminate your right to recover.
Byrd Davis Alden & Henrichson, LLP Is Here to Help
Pioneering personal injury and wrongful death law in Austin for over half a century, Byrd Davis Alden & Henrichson, LLP has built a reputation on compassionate, results-driven representation. Our firm has been recognized by U.S. News & World Report as one of the Best Law Firms in the United States, and our attorneys are skilled in every phase of litigation, from negotiations with insurers to trial and appellate advocacy.
When the at-fault driver has no insurance, and you are left facing mounting bills and uncertainty, our team provides the knowledgeable, aggressive representation you need. We handle serious accident cases throughout Texas and are committed to pursuing every avenue of recovery available to you. Contact our office today to schedule your free consultation and take the first step toward getting the justice you deserve.
