Hit by an Uninsured Driver in Houston? You Still Have Options
Contact the Car Accident Lawyers at the Adley Law Firm To Discuss Your Case Today
Being hit by a driver who doesn’t have insurance, or doesn’t have enough, can turn a bad situation into a financial nightmare. Unfortunately, these types of accidents are all too common in Houston. Whether the at-fault driver was completely uninsured, carried only the minimum coverage, or fled the scene in a hit-and-run, you may be left wondering how you’ll cover your medical expenses, vehicle repairs, and lost income.
At Adley Law Firm, we understand how overwhelming this situation can be and we can help walk you through your options after an uninsured or underinsured motorist accident. We’ll break down how UM/UIM coverage works in Texas, explain your legal rights, and show you how to protect yourself and your claim. If you’ve been hit and don’t know where to turn, you’re not alone — and we’re here to help. Contact us today at (713) 999-8669 for a free consultation. We’ll review your case and help you take the next steps toward compensation and peace of mind.
Read More:
- What Is Uninsured/Underinsured Motorist Coverage?
- Texas UM/UIM Insurance Laws and Requirements
- Common Scenarios for UM/UIM Claims
- What to Do Immediately After the Accident
- How to File a UM/UIM Claim in Texas
- Challenges and Delays in UM/UIM Claims
- FAQs
- How Adley Law Firm Can Help
- Contact Us for a Free Consultation
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage are types of insurance on your own auto policy that protect you if you’re hit by a driver who has no insurance or not enough insurance. In a normal accident, the at-fault driver’s liability insurance would pay for the other party’s damages. But if the at-fault driver is uninsured (no valid policy) or underinsured (policy with insufficient limits), UM/UIM coverage can cover your losses. Essentially:
- UM coverage helps pay for your injuries and property damage when the at-fault driver has no insurance at all, or in a hit-and-run where the driver can’t be identified.
- UIM coverage applies when the other driver does have insurance, but their liability limits aren’t high enough to cover all your damages. Your UIM policy will cover the remaining amount of your losses, up to your UIM policy’s limits, once the other driver’s insurance is exhausted.
Both UM and UIM coverage typically provide compensation for the same types of losses you would normally recover from the at-fault driver – medical bills, lost income, pain and suffering, car repairs, etc. – up to the limits of your UM/UIM policy.
Texas UM/UIM Insurance Laws and Requirements
Texas law requires every driver to carry a minimum amount of liability insurance coverage: $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 for property damage (often written as 30/60/25). Driving without at least this minimum coverage is illegal. Unfortunately, many drivers on Texas roads do not have any insurance – roughly one in seven drivers statewide is uninsured – and others carry only the bare minimum, which may not be enough in a serious accident.
To protect responsible drivers, Texas law requires insurance companies to offer UM/UIM coverage with every auto policy. If you do not explicitly reject UM/UIM coverage in writing, your policy will include it by default. Most Texas drivers therefore have some UM/UIM coverage unless they opted out. You can choose UM/UIM limits up to the same amount as your liability limits. Given the high number of uninsured and underinsured drivers, having this coverage is highly recommended – it can be a lifesaver if you’re hit by someone with little or no insurance.
Common Scenarios for UM/UIM Claims
Uninsured/underinsured motorist coverage comes into play in a variety of situations, such as:
- Accident with an Uninsured Driver: The at-fault driver has no valid auto insurance policy. With no insurer to collect from, your UM coverage becomes the primary source of compensation. This scenario includes drivers who never purchased insurance, let their policy lapse, or are driving illegally without coverage.
- Accident with an Underinsured Driver: The at-fault driver has some insurance, but not enough to cover the full extent of your injuries and losses. This often happens when someone carries only the minimum required coverage, which may be insufficient in a serious crash. In such cases, you would first receive whatever the at-fault driver’s insurer can pay (up to their policy limit), then your UIM coverage can cover the remaining losses up to your policy’s limit.
- Hit-and-Run Accident: If a driver flees the scene and cannot be identified, it counts as an uninsured motorist situation. Your UM coverage can compensate you for injuries and vehicle damage caused by a hit-and-run driver, as long as there was actual physical contact between the vehicles. Always report hit-and-run crashes to the police immediately.
What to Do Immediately After the Accident
If you’re hit by an uninsured or underinsured driver, taking the right steps after the crash can protect your health and your ability to make a claim. Here are the most important things to do at the scene and shortly afterward:
- Call 911 for police and medical help. Always call the police to the scene. Get an official accident report. If anyone is injured, request an ambulance.
- Don’t accept on-the-spot payments. Uninsured drivers might offer you cash to avoid trouble. Don’t agree to any unofficial deal or sign any statements at the scene, as it could hurt your ability to seek full compensation later.
- Gather information and evidence. Get the other driver’s name and contact information (they won’t have insurance details to give). Note their license plate number and driver’s license number if possible. Take photos of the vehicle damage, the accident scene, and any visible injuries. Also, get contact info from any witnesses who saw what happened.
- Seek medical attention. Get checked out by a doctor as soon as possible, even if you feel okay. Some injuries (like whiplash or concussions) may not show symptoms immediately. Prompt medical documentation will tie your injuries to the accident, which is important for any insurance claim.
Following these steps will help ensure you have the necessary documentation and evidence for the next phase – filing your UM/UIM claim.
How to File a UM/UIM Claim in Texas
After an accident with an uninsured or underinsured driver, you will file a claim with your own insurance company under your UM/UIM coverage (since the at-fault driver doesn’t have sufficient insurance to cover your damages). It’s important to notify your insurer as soon as possible after the crash that you intend to file an uninsured/underinsured motorist claim. When you contact your insurance company, report the basic facts of the accident (when and where it happened, and that the other driver had no or not enough insurance) to get the claim started.
Provide documentation. Your insurance company will require evidence to support your UM/UIM claim. Be prepared to provide a copy of the police accident report (which shows the other driver’s insurance status), along with documentation of your own losses. This includes medical records and bills for your injuries, repair estimates for your vehicle, and any other proof of your expenses. You will also need to demonstrate that the other driver was at fault for the crash (using the police report, witness statements, photos, etc.).
Dealing with the insurance adjuster. Once your claim is submitted with all the necessary information, your insurer will evaluate it and (hopefully) offer a settlement. Keep in mind, even though it’s your insurer, they have a financial incentive to pay as little as possible. Initial offers may be low. If the offer doesn’t cover all your costs, you (or your attorney) will need to negotiate for a fair amount. If your insurance company unreasonably delays or denies your valid UM/UIM claim, you may need to take legal action (such as a lawsuit for breach of contract) to recover the compensation you deserve.
Challenges and Delays in UM/UIM Claims
Even though you’re dealing with your own insurance, uninsured/underinsured motorist claims aren’t always smooth sailing. One common hurdle is proving that the other driver truly had no insurance or was underinsured – this can require documentation like a police report or affidavit. Another big challenge is the insurance company’s behavior. Unfortunately, insurers sometimes delay or even deny valid UM/UIM claims to protect their bottom line. They might dispute the severity of your injuries or offer a lowball settlement, hoping you’ll accept less than you deserve.
These obstacles are a big reason why many accident victims seek legal help. An experienced attorney can navigate the UM/UIM claims process, gather the necessary proof, and push back against insurance company tactics. If your insurer isn’t treating you fairly, a lawyer can step in to negotiate aggressively or take the matter to court. You should be focusing on your recovery, not battling insurance adjusters – and a good lawyer makes sure you don’t have to.
FAQs
What if the other driver has no insurance and I don’t have UM coverage?
Unfortunately, this is a very tough situation. Without uninsured motorist coverage, there’s no insurance fund to pay your damages. You can sue the at-fault driver personally, but people who drive uninsured often don’t have significant assets to collect. So even if you win a lawsuit, you might recover little or nothing. If you have collision coverage on your vehicle, it can pay for your car repairs (minus your deductible) regardless of fault, but it won’t cover medical bills or other losses. Your best move is to consult with a Houston personal injury attorney. A lawyer can investigate whether any other source of compensation exists (for example, if the driver was on the job for an employer) and advise you on whether pursuing a lawsuit is worthwhile.
Will filing a UM/UIM claim raise my insurance premiums?
It shouldn’t, because the accident was not your fault. Uninsured/underinsured motorist coverage is something you paid for to protect yourself, and insurance companies generally do not penalize drivers for using it in a no-fault situation. In Texas, your insurer is not supposed to raise your rate for a UM/UIM claim where you were not at fault. Even if there were a slight rate increase, remember that using your coverage can save you from paying massive costs out of pocket. The priority is getting your injuries treated and your damages covered – that’s exactly why you have insurance.
How Adley Law Firm Can Help
The Adley Law Firm in Houston is dedicated to helping car accident victims get the compensation they deserve. Here’s how we can assist you:
- Experience & Tough Negotiation: Attorney Kevin Adley is Board Certified in Personal Injury Trial Law. Our legal team has decades of experience handling car accident cases, including many involving uninsured drivers. We know the tactics insurance companies use and won’t let them take advantage of you. We’ll handle all communication and negotiations – pushing for a fair settlement. If the insurance company won’t cooperate, we are ready to go to court and fight for you.
- Thorough Investigation: We will investigate your accident in detail. That means gathering police reports, photos, witness statements, and medical records to prove exactly what happened and to document all your losses. By building a strong, evidence-backed case, we put pressure on the insurance company to pay what you are owed.
- No Upfront Costs & Support: We offer a free initial consultation, and if you hire us, you pay nothing out of pocket. Our fee is a percentage of the settlement or award – and only if we win. You will also have a caring team by your side throughout the process. We keep you updated, answer your questions, and make the legal process as stress-free as possible so you can focus on healing.
Contact Us for a Free Consultation
Contact Adley Law Firm today at (713) 999-8669 for a free consultation. We’ll review your case, answer your questions, and explain your rights and options at no cost. You can also reach out through our online form to schedule a case evaluation. Don’t wait – the sooner you get legal help, the better your chances of recovering fair compensation. Let us put our experience to work for you after your uninsured motorist accident.
