Short answer
If the at-fault driver had no insurance — or not enough — your own uninsured/underinsured motorist (UM/UIM) coverage may pay for your injuries and vehicle damage. Texas insurers must include UM/UIM in every auto policy unless a named insured rejected it in writing (Insurance Code §1952.101). Your PIP pays medical bills and lost income regardless of fault, and collision coverage, if you carry it, pays for your car.
What UM/UIM coverage is
Uninsured motorist (UM) coverage pays you when the at-fault driver has no liability insurance. Underinsured motorist (UIM) coverage pays when their insurance isn’t enough to cover your damages. In Texas they come together as UM/UIM, with limits at least as high as the state’s minimum liability limits (§1952.101(a)) — $30,000 per person and $60,000 per crash for injuries, and $25,000 for property damage (Transportation Code §601.072).
Every Texas auto policy must include UM/UIM unless a named insured rejected it in writing. Once rejected, the insurer doesn’t have to provide it again unless you ask for it in writing (§1952.101(c)). Check your policy’s declarations page to see whether you have it.
Hit-and-run: the physical-contact rule
When the at-fault driver is unknown, Texas requires actual physical contact between their vehicle and you or your property before UM coverage pays (§1952.104). A driver who forced you off the road without touching your car doesn’t qualify — which makes witness names and camera footage especially important. See what to do after a hit-and-run.
When the driver is known but uninsured, the contact rule doesn’t come into play.
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What pays for what
- Your injuries: PIP first, regardless of fault; then UM/UIM bodily-injury coverage for costs beyond it.
- Your car: UM property-damage coverage or your collision coverage — each has its own deductible terms, so check your policy.
- Lost value of a repaired car: the Texas Department of Insurance has said an insurer may owe you for lost market value under UM/UIM coverage, even after complete repairs (Bulletin B-0027-00).
- The at-fault driver personally: you can still pursue them, but an uninsured driver often can’t pay a judgment.
How to make a UM claim
- Report the crash to police — promptly, especially for a hit-and-run.
- Tell your own insurer the other driver was uninsured or unknown, and open a UM claim alongside any PIP claim.
- Get the crash report — it records each driver’s insurance information, or its absence. Check whether yours is ready.
- Keep medical records, bills, repair estimates, and proof of lost income.
A UM/UIM claim is made against your own insurance company, but it evaluates your damages much like the other driver’s insurer would. Document everything the same way.
Frequently asked questions
What happens if an uninsured driver hits me in Texas?
Your own coverage usually pays: PIP for medical bills and lost income regardless of fault, UM/UIM for injuries and damage beyond that (unless you rejected it in writing), and collision coverage for your car if you carry it. You can also pursue the driver personally.
Is uninsured motorist coverage required in Texas?
Insurers must include UM/UIM in every auto policy unless a named insured rejects it in writing (Insurance Code §1952.101), so you have it unless someone on your policy signed a rejection.
Does uninsured motorist coverage pay for a hit-and-run in Texas?
Yes, if the unknown driver’s vehicle made actual physical contact with you or your property (§1952.104). Without contact, UM doesn’t apply — though PIP still pays your medical bills.
Can I sue an uninsured driver in Texas?
Yes. But many uninsured drivers can’t pay a judgment, which is why your own UM/UIM coverage is usually the practical source of payment.
Texas law and sources cited
- Tex. Ins. Code §1952.101 — uninsured/underinsured motorist coverage
- Tex. Ins. Code §1952.104 — unknown driver requires actual physical contact
- Tex. Transp. Code §601.072 — minimum liability insurance (30/60/25)
- Tex. Ins. Code §1952.155 — PIP paid regardless of fault or other coverage
- Texas Department of Insurance Commissioner’s Bulletin B-0027-00 — diminished value
General information, not legal advice. DFW Crash Data is not a law firm, and every situation is different — for advice about your own claim, talk to a licensed Texas attorney. Laws change; the sources above were checked on the date shown at the top of this page.