Getting hit by an uninsured driver can feel overwhelming. You’re dealing with injuries, vehicle damage, and the frustration of knowing the other driver has no insurance to cover your losses. In Texas, where about 14% of drivers are uninsured, this scenario happens more often than you might think. The good news is that you have options—and Gibson Hill Personal Injury is here to help you handle them.
When an uninsured motorist causes an accident, your path to compensation isn’t straightforward. You can’t simply file a claim with their insurance because they don’t have any. Instead, you’ll need to explore other avenues: your own uninsured motorist coverage, a personal injury lawsuit, or other recovery options. This is where having an experienced Houston personal injury attorney makes all the difference.
Why Choose Gibson Hill Personal Injury for Your Uninsured Motorist Claim
At Gibson Hill Personal Injury, we understand the unique challenges that come with uninsured motorist accidents. Our founding partner, Ty Gibson, was selected to The National Trial Lawyers Top 40 Under 40—recognition that reflects his aggressive advocacy and trial experience. Co-founder Brett Hill brings extensive advocacy training and multi-state bar admissions, including federal court credentials.
What sets us apart isn’t just our credentials. We’re a boutique firm, which means you work directly with the attorneys handling your case—not paralegals or case managers. With over 13 years of experience in car vehicle accidents, we’ve handled everything from straightforward claims to catastrophic injury cases. Our team speaks multiple languages, including Spanish, Chinese, Vietnamese, and Mandarin, so we can serve Houston’s diverse community.
We take cases on a contingency fee basis, which means you pay nothing unless we win. Your focus should be on recovery, not on how you’ll afford legal representation.
What Happens When an Uninsured Driver Hits You in Texas
Texas law requires all drivers to carry minimum liability insurance: $30,000 per person and $60,000 per accident for bodily injury, plus $25,000 for property damage. Despite this requirement, roughly 14% of Texas drivers operate without insurance. When one of these uninsured drivers causes an accident, you can’t recover from their insurance policy because it doesn’t exist.
This is where uninsured motorist (UM) coverage becomes critical. If you have UM coverage on your own policy, it steps in to cover your damages up to your coverage limits. Underinsured motorist (UIM) coverage works similarly but applies when the at-fault driver’s insurance isn’t enough to cover your full damages.
Without UM or UIM coverage, your options narrow significantly. You can pursue a personal injury lawsuit against the uninsured driver directly, but collecting a judgment from someone without insurance is challenging. You might also explore other avenues like your own health insurance, medical payments coverage, or PIP (personal injury protection) if you have it.
Your Options for Recovering Compensation
Uninsured Motorist (UM) Coverage
If you have UM coverage, this is typically your best path to recovery. UM coverage reimburses you for damages caused by an uninsured driver, including medical expenses, lost wages, pain and suffering, and property damage. You file a claim with your own insurance company, which then investigates and negotiates with you on the claim value.
The process involves submitting documentation of your injuries, medical treatment, lost income, and other damages. Your insurance company will evaluate the claim and make an offer. Many cases settle at this stage, though some require negotiation or litigation. According to the Texas Department of Insurance, understanding your policy’s specific terms is essential for maximizing your recovery. Learn more about how car accident settlements work to better understand the negotiation process.
Underinsured Motorist (UIM) Coverage
UIM coverage applies when the at-fault driver has insurance, but their coverage limits aren’t enough to fully compensate you. For example, if the other driver has only $30,000 in bodily injury coverage but your damages total $100,000, your UIM coverage can bridge that gap—up to your UIM limits.
In some cases, you can stack your UM and UIM coverage from separate policies, which increases the total amount available to you. Whether stacking applies depends on your specific policy language and whether it contains anti-stacking provisions. Texas law permits stacking unless your policy specifically prohibits it. For detailed information on how personal injury settlements work in Houston, consult with our experienced team.
Personal Injury Lawsuit Against the At-Fault Driver
You can sue an uninsured driver directly for damages. However, winning a judgment is only half the battle. Collecting that judgment from someone without assets or income is difficult. You might pursue wage garnishment or place a lien on their property, but these remedies take time and may yield little recovery.
This option makes more sense if the uninsured driver has significant assets or if your damages are substantial enough to justify the effort and expense of collection. Understanding how to calculate the value of a personal injury claim can help you determine if litigation is worthwhile.
The UM/UIM Claims Process
Understanding the steps involved helps you prepare and know what to expect.
- Report the Accident: Contact your insurance company promptly. Provide details about the accident, the other driver, and any injuries or damage. Most policies require notice within a specific timeframe. Learn more about how to report a car accident to insurance and what to do after a car accident.
- Gather Evidence: Collect police reports, medical records, photos of vehicle damage, witness statements, and documentation of lost wages. The more thorough your documentation, the stronger your claim. Our guide on gathering key evidence after a car accident provides detailed steps. Additionally, learn how to read an accident report to understand what information matters most.
- Submit Your Claim: File your UM or UIM claim with your insurance company. Include all supporting documentation and a detailed account of your damages. Understanding what documents you need for your personal injury case ensures you don’t miss critical evidence.
- Negotiation: Your insurance company will review the claim and make an initial offer. This is where negotiation begins. Many claims settle during this phase, but don’t accept an offer that doesn’t fully compensate you for your losses. Understanding how to negotiate with an insurance claims adjuster can significantly improve your outcome. Learn what not to say to an insurance adjuster to protect your case.
- Litigation if Necessary: If you can’t reach a settlement, you may need to file a lawsuit. In Texas, you have four years to file a UM claim and two years to file a personal injury lawsuit against the uninsured driver. Understanding why some personal injury cases go to trial can help you prepare for this possibility.
Common Challenges in Uninsured Motorist Claims
Insurance companies don’t always make the claims process easy. They may undervalue your claim, dispute fault, or deny coverage altogether. Understanding these tactics helps you protect your rights.
Some insurers argue that you were partially at fault for the accident, which can reduce your recovery under Texas’s comparative negligence rules. Others claim that certain injuries aren’t related to the accident or that your medical treatment was excessive. They might also dispute whether the other driver was truly uninsured or argue that your UM coverage doesn’t apply.
These disputes are why having an attorney matters. We know how insurance companies operate and how to counter their arguments with evidence and legal strategy. For more insight, read about how to dispute car accident fault and how to measure shared fault in a car accident.
Types of Damages You Can Recover
When you file a UM or UIM claim, you can seek compensation for both economic and non-economic damages.
- Economic damages include medical expenses (past and future), lost wages, lost earning capacity if your injuries prevent you from working, and property damage to your vehicle. These are straightforward to calculate because they’re based on actual expenses and income. Learn more about how to claim lost wages from a car accident and what loss of earning capacity is.
- Non-economic damages cover pain and suffering, emotional distress, permanent scarring or disfigurement, and loss of enjoyment of life. These are harder to quantify but are just as important to your recovery. If your injuries are severe or permanent, these damages can be substantial. Discover the best ways to document pain and suffering to strengthen your claim.
- In cases involving wrongful death, surviving family members can recover damages for their loss. Learn about who can sue for wrongful death and wrongful death vs. survival action.
Frequently Asked Questions
What is the statute of limitations for an uninsured motorist claim in Texas?
You have four years to file a UM claim with your insurance company. However, if you decide to sue the uninsured driver directly, you have only two years from the date of the accident. These deadlines are strict, so don’t delay in taking action. According to Texas Civil Practice & Remedies Code § 16.003, understanding these timelines is critical to protecting your rights.
Can I sue an uninsured driver directly?
Yes, you can file a personal injury lawsuit against an uninsured driver. However, winning a judgment doesn’t guarantee you’ll collect. If the driver has no assets or income, enforcing the judgment becomes difficult. This is why UM coverage is so valuable—it provides a reliable source of recovery. Learn more about what happens if you cannot find the driver of a hit and run accident and how your legal team will track down a hit and run driver.
Do I need uninsured motorist coverage?
Texas doesn’t require UM coverage, but it’s highly recommended. With 14% of drivers uninsured, the odds of being hit by an uninsured motorist are significant. UM coverage protects you and your family when the at-fault driver can’t. Check how insurance companies can deny claims for pre-existing conditions that might affect your coverage.
What if the uninsured driver is found and has assets?
If you obtain a judgment against the uninsured driver and they have assets, you can pursue collection through wage garnishment, bank levies, or property liens. This process takes time, but it can result in recovery if the driver has sufficient assets.
How long does a UM claim take to resolve?
Simple claims may settle within weeks or months. Complex cases involving serious injuries or disputed liability can take a year or longer. If litigation becomes necessary, add several more months to the timeline. Your attorney can give you a more specific estimate based on your case details. For more information, see how long a personal injury lawsuit takes.
Will my insurance rates increase if I file a UM claim?
Filing a UM claim typically doesn’t increase your rates because you’re not at fault. However, it’s worth asking your insurance agent to confirm this applies to your specific policy.
What if I don't have UM coverage?
Without UM coverage, you can still pursue a personal injury lawsuit against the uninsured driver. You might also explore other sources of recovery, such as your health insurance, medical payments coverage, or PIP coverage if available. An attorney can help you identify all possible avenues. Learn about how medical bills are paid after a car accident to understand your options.
Contact Gibson Hill Personal Injury for Your Free Consultation
If you’ve been hit by an uninsured driver in Houston, don’t navigate this alone. Gibson Hill Personal Injury offers a free consultation to discuss your case and explain your options. Our lawyers work on a contingency fee basis, so there’s no cost to you unless we win.
Contact or call (713) 659-4000 today to schedule your consultation. We’re ready to fight for the compensation you deserve.
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