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Getting in a car wreck is stressful on its own. Finding out the other driver has no insurance can make it feel even worse. You may be thinking, “How am I supposed to pay for this?” You’re not alone, and you still have options.
In this blog, we’ll walk through what to do right away, what insurance may help, and what mistakes to avoid if you’re hit by an uninsured driver in Texas especially.
An uninsured driver is someone who does not have active auto insurance at the time of a crash. This can happen for several reasons. Their policy may have lapsed, been canceled, or never existed in the first place. In some cases, a driver may show an insurance card that turns out to be expired or invalid.
In Texas, driving without insurance is against the law, but uninsured drivers are still common. When one of these drivers causes a crash, there is often no insurance company on their side to pay for injuries or vehicle damage. That’s why crashes involving uninsured drivers can be more complicated and stressful for the person who was hit.
When the other driver doesn’t have insurance, what you do right away matters. These steps can help protect your health and support your claim later.
Check yourself and others for injuries. If anyone is hurt, call 911 right away. If it’s safe to do so, move vehicles out of traffic to prevent further danger.
A police report creates an official record of the crash. This is especially important when the other driver has no insurance, since it helps document what happened.
Even if you feel okay, get checked out. Some injuries take time to show symptoms, and medical records help link your injuries to the crash.
If it’s safe, document the scene. Take pictures of both vehicles, road conditions, traffic signs, skid marks, and any visible injuries.
Get the other driver’s name, contact details, driver’s license information, and license plate number, even if they admit they don’t have insurance.
If anyone saw the crash, ask for their name and phone number before they leave. Witnesses can be hard to track down later.
Report the crash to your insurer as soon as you can. Since the other driver is uninsured, your own policy may be the main source of coverage.
Share basic facts, but avoid guessing or minimizing your injuries. Recorded statements can be used later when your claim is reviewed.
Save medical bills, repair estimates, photos, police reports, and any messages related to the crash.
Accidents involving uninsured drivers often raise questions about coverage and deadlines. Speaking with a lawyer can help you understand your options, review your insurance policy, and avoid common mistakes.
This is usually the biggest concern after a crash with an uninsured driver. In many cases, your best path to compensation comes from your own insurance policy, especially Uninsured Motorist (UM) coverage.
If you don’t have UM coverage, other possible sources of payment may include:
Below is a breakdown of how each option works.
If you’re injured by an uninsured driver, your health insurance can help cover medical treatment, even though the crash wasn’t your fault. This may include emergency care, doctor visits, hospital stays, and follow-up treatment.
That said, health insurance often does not cover everything. You may still be responsible for:
Health insurance also does not cover vehicle repairs, lost income, or how the injury affects your daily life. In some cases, your health insurer may later seek reimbursement if another type of coverage applies.
Even with these limits, health insurance can be an important way to get treatment started while other claims are being sorted out.
If you have UM coverage, it may help pay for injuries and, in some cases, vehicle damage when the at-fault driver has no insurance.
The easiest way to check is to review your auto insurance declarations page, which lists your coverages and limits. Look for “Uninsured Motorist” or “UM.”
If you don’t have a copy handy, you can also:
If an insurer says you don’t have UM coverage, it’s reasonable to ask whether there is written proof that you declined it. Many drivers are surprised by what their policy actually includes.
In Texas, insurance companies must offer UM coverage when you buy or renew a policy. You don’t have to accept it, but if you choose not to, you must decline it in writing.
If an insurance company cannot show proof that you rejected UM coverage as they review your claim, Texas law may treat UM coverage as part of your policy. After a crash, that detail can make a big difference in whether your own insurance steps in to help.
Even without UM coverage, other parts of your policy may still help.
Collision coverage can help pay for repairs to your vehicle after a crash, regardless of who caused it.
With collision coverage:
While collision coverage doesn’t help with injuries, it can be important when the other driver has no insurance.
PIP and MedPay are optional coverages that can help with medical costs after a crash, no matter who caused it.
These coverages may help pay for:
One benefit of PIP and MedPay is that they often pay quickly, which can help while other claims are still under review.
In Texas, you can file a lawsuit against an uninsured driver who caused a crash. This option may make sense in some situations, but it’s important to understand the limits.
Many uninsured drivers lack insurance because they don’t have the financial resources to pay for damages. Even if you win a lawsuit, collecting money can be difficult if the driver has limited income or assets.
Suing an uninsured driver may be considered when:
This approach often takes time and may involve additional costs. That’s why it’s usually reviewed alongside other options, like UM coverage or your own insurance, to see what makes the most sense for your situation.
Even if you’re dealing with your own insurance, deadlines can come up fast.
Texas generally gives you two years to file a personal injury lawsuit.
That’s the court deadline. Insurance policies can also have notice requirements, so it’s smart to act early.
After a crash with an uninsured driver, it’s easy to make choices that seem reasonable at the time but create problems later. Some of the most common mistakes include:
At the Law Offices of Michael J. Gopin, PLLC, we talk to people in this situation every day. We help individuals and families across El Paso and the surrounding areas sort through what happened and figure out what options they really have. You don’t need to have all the answers. That’s what the conversation is for.
Here’s how we can help:
If you’re feeling overwhelmed or just need someone to walk you through your options, help is available. A short conversation can bring clarity and help you decide what makes sense for your situation. When you’re ready, the Law Offices of Michael J. Gopin, PLLC are here to listen, answer your questions, and help you move forward with confidence.
Being hit by an uninsured driver can turn your life upside down. One minute you’re dealing with the shock of the crash, and the next you’re staring at medical bills, car repairs, and insurance questions you never expected to face. It’s overwhelming, and it’s normal to feel unsure about what to do next.
If you’re feeling confused or just want someone to explain things clearly, we’re here to listen. Reach out to the Law Offices of Michael J. Gopin, PLLC for a free consultation. We’re available 24 hours a day, and we’re ready to help you take the next step, at your pace.
Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...
We are experienced El Paso personal injury lawyers. Give us a call and you’ll be taken care of! (915) 333-3333
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