You’ve just been in a car accident. Your vehicle is damaged, you’re injured, and then comes the worst news: the at-fault driver has no insurance. Your heart sinks as you wonder how you’ll pay for everything.
If an uninsured driver hit you in Houston, you’re not alone. Nearly one in five Texas drivers operates without insurance, making this scenario far too common. The good news? You still have options to get compensated. This guide shows you exactly what to do after an uninsured driver accident in Houston.
The Uninsured Driver Problem in Houston
The Texas Department of Insurance estimates that approximately 20% of drivers in Texas are uninsured—well above the national average of 15.4%. In densely populated areas like Houston, this rate is likely even higher.
Why so many uninsured drivers? Insurance costs jumped 20% from 2022 to 2024, with Houston drivers now paying $1,600 to $2,000 annually for full coverage. Research shows that 82% of uninsured drivers simply can’t afford insurance. Unfortunately, their financial problems become your problem when they cause an accident.
What to Do Immediately After Being Hit
Your actions right after the accident can make or break your claim. Follow these critical steps:
- Call police and get a report documenting the accident and lack of insurance
- Take photos of all vehicle damage, the scene, and any visible injuries
- Seek medical attention immediately, even if you feel fine
- Get witness information and the other driver’s license details
- Report to your insurance company right away—many policies require notice within 30 days
- Report the driver to the Texas Department of Public Safety
Missing that 30-day deadline can destroy your claim, so act fast.
Understanding Texas Uninsured Motorist Coverage
Here’s what most Houston drivers don’t realize: you probably already have coverage that protects you. It’s called Uninsured Motorist (UM) coverage, and Texas Insurance Code § 1952.101 requires insurers to offer it with every auto policy.
The only way you don’t have UM coverage is if you rejected it in writing when you bought your policy. Most drivers accept the standard package and have this protection.
UM coverage compensates you for:
- Medical expenses and ongoing treatment
- Lost wages from missed work
- Pain and suffering
- Permanent disability
- Property damage (in some policies)
Your UM limits typically match your liability limits. For example, if you carry $50,000/$100,000 liability coverage, you generally have the same for UM coverage.
How Underinsured Motorist (UIM) Coverage Works
Underinsured Motorist (UIM) coverage protects you when the at-fault driver has insurance, but not enough to cover your damages.
Here’s an example: You suffer $100,000 in damages, but the at-fault driver only has $30,000 in coverage. Their insurance pays the $30,000 maximum, leaving you $70,000 short. Your UIM coverage pays the remaining $70,000 (up to your policy limits). This is called “stacking” benefits—the at-fault driver’s insurance pays first, then your UIM stacks on top.
Understanding how much your claim is worth helps you determine if you’re dealing with an underinsured situation.
Filing Your UM/UIM Claim
Filing a claim with your own insurance company requires proving both fault and damages:
Gather Documentation:
- Police report showing lack of insurance
- All medical records and bills
- Photos of vehicle damage
- Witness statements
- Proof of lost wages
Prove Fault: You must still prove the uninsured driver caused the accident. Texas follows a modified comparative negligence rule—if you’re 51% or more at fault, you recover nothing.
Document Damages: Submit all medical bills, lost wage documentation, and evidence of pain and suffering. Don’t accept quick settlement offers without understanding your claim’s full value.
Beware of Insurance Company Tactics: Your own insurer may use tactics to minimize your claim, including lowball offers and pressure to settle fast. Additionally, filing a UM claim typically won’t raise your rates the way an at-fault accident would.
Can You Sue an Uninsured Driver in Texas?
Yes, you legally can sue the uninsured driver directly. However, here’s the harsh reality: most uninsured drivers are “judgment-proof.” They have no assets or income to collect from, even if you win.
The Texas Homestead Act shields primary residences from creditors, and bankruptcy can eliminate judgments entirely. Even a $50,000 judgment is worthless if the person has nothing to take. Small claims court has a $20,000 limit, and larger cases require expensive litigation.
This is why UM/UIM coverage is so valuable—it provides reliable compensation that doesn’t depend on the at-fault driver’s finances.
Why UM/UIM Coverage is Essential
With one in five Texas drivers uninsured, you’ll encounter thousands of uninsured motorists on Houston roads. The probability of a serious accident is significant.
UM/UIM coverage is surprisingly affordable—typically just $50 to $150 annually. That’s less than $15 per month for potentially hundreds of thousands in protection. Without it, an uninsured driver accident could financially devastate you.
How Joe Zaid Can Help
Dealing with uninsured driver claims is complex. Insurance companies may deny your claim, minimize damages, or pressure you to settle for less than you deserve.
Joe Zaid, founder of Joe I. Zaid & Associates, is a seasoned personal injury attorney whose client-centered approach delivers results. Since 2013, Joe has represented thousands of clients and recovered millions of dollars in settlements, including numerous seven-figure settlements. Joe specializes in personal injury cases, from minor collisions to life-altering injuries.
What sets Joe apart? Before founding his firm, Joe worked almost 10 years for one of the world’s largest insurance companies. This insider knowledge of insurance company tactics gives his clients a significant advantage.
Joe was nominated by H-Texas Magazine as one of Houston’s Top Lawyers and as a Top 40 under 40 Trial Lawyer. He is an active member of the Houston Trial Lawyers Association and Texas Trial Lawyers Association.
When you work with Joe I. Zaid & Associates, we:
- Handle all communication with your insurance company
- Thoroughly investigate and document your damages
- Fight lowball offers and negotiate aggressively
- Work on a contingency fee basis—you pay nothing unless we win
Take Action Now
If an uninsured driver hit you, time is critical. Texas gives you two years from the accident date to file a lawsuit. However, many insurance policies require notice within 30 days.
Call (346) 756-9243 today for a free consultation. We’ll review your case, explain your options, and fight to get you the compensation you deserve. Being hit by an uninsured driver doesn’t mean you’re out of options—it means you need an experienced Houston personal injury attorney on your side.
