A driver runs a red light, hits your car, and then admits to having no insurance. Or the other driver has a policy, but the limits are far too low to cover your hospital stay and months of missed work. Either way, you may be left with bills you never should have faced, and you may not know where to turn for help paying them.
At Byrd Davis Alden & Henrichson, LLP, we help Texans pursue compensation after car accidents, including crashes involving drivers with little or no coverage. The answer may be found in your own insurance policy. Uninsured and underinsured motorist coverage, often called UM/UIM, may allow you to file a claim with your own insurer when the at-fault driver cannot pay for the harm caused.
What Uninsured and Underinsured Motorist Coverage Means
Uninsured motorist (UM) coverage applies when the driver who hurt you has no liability insurance at all. Underinsured motorist (UIM) coverage applies when the driver has a policy, but the limits fall short of your losses. In both situations, your own policy steps in to help fill the gap.
This problem is more common than many drivers realize. In a March 2025 post, the Texas Department of Insurance noted more than 2.4 million state-registered vehicles, or 12 percent, are not matched to an insurance policy. If you are dealing with an at-fault driver with no insurance, UM coverage may be your only hope for compensation.
What Texas Insurers Must Offer
Texas insurers must offer UM/UIM coverage when you buy an auto policy. If you do not want it, you must turn it down in writing. Some drivers decline it to save on premiums, so it is worth checking your policy to see what you have. When you carry the coverage, it may help pay for the following:
- Medical bills from the crash
- Pain and suffering
- Repair or replacement of your vehicle and the property inside it
- A rental car while your vehicle is being repaired
- Injuries from a hit-and-run crash when the other driver cannot be found
The amount of UM/UIM coverage you can purchase depends on how much liability coverage you have. If you have a minimum limits liability policy, then you will only be allowed to purchase minimum UM/UIM coverage. Personal injury protection is separate and is the least expensive coverage in an auto policy. PIP insurance will help with certain medical costs no matter who caused the crash.
How a UM/UIM Claim Works
You file this claim with your own insurance company, but that does not make the process friendly. Your insurer is still a business protecting its bottom line. It may ask you to show that the other driver caused the crash and to document the full value of your injuries. First, you will have to provide evidence to your insurer that the other driver was at fault, and the amount of the other driver’s insurance, or lack of insurance. You will also need to obtain permission from your insurer to settle with the other driver’s insurance. If you don’t obtain permission, your insurer may have the right to refuse your UM/UIM claim.
Strong evidence matters, such as police reports, photos, medical records, and proof of lost income. Every conversation counts too, because how you talk with an insurance adjuster after an accident can affect your claim. Keep your statements short and factual, and consider speaking with a lawyer before you agree to anything.
Your own policy limits also set a ceiling on what UM/UIM coverage may pay, so the size of your claim matters. A serious injury can involve surgery, long-term therapy, and lost earning ability, and those costs add up quickly. Documenting each of them from day one gives your claim a stronger foundation.
When Your Insurer Does Not Play Fair
Some insurers delay, lowball, or deny valid UM/UIM claims. If your insurer does this without a good reason, you may have to sue your insurer for a declaratory judgment and obtain a judgment that the other driver was at fault and the amount of your damages. Establishing those facts is a prerequisite to your auto insurer owing you money under your policy. The good news is that the Texas Declaratory Judgment Act entitles you to recover your attorney’s fees—which creates an incentive for your auto insurer to treat you fairly. Time limits also apply to Texas injury claims, and the statute of limitations for personal injury can shape your options, so you should not hesitate to ask a lawyer about your deadline.
Talk With Byrd Davis Alden & Henrichson, LLP About Your Claim
Byrd Davis Alden & Henrichson, LLP is Austin’s oldest personal injury law firm, established in 1959. For 65 years, we have handled serious accident cases, including catastrophic injuries and wrongful death claims. As true personal injury trial lawyers, we have the ability and experience to win in the courtroom if needed, and that leverage often helps us pursue fair settlements out of court.
If a driver with little or no insurance left you with unpaid medical bills, you do not have to sort out your coverage alone. We handle personal injury cases with no fees unless we win, so you can ask about your options without upfront costs. Contact our firm to talk about your UM/UIM claim today.
