What If You’re Hit by an Uninsured or Underinsured Driver in Texas?

Getting into a car accident is bad enough—but finding out the other driver has no insurance or not enough coverage can make a bad situation worse.

Unfortunately, this is more common than you might think. According to the Insurance Research Council, roughly 1 in 8 drivers in the U.S. is uninsured—and many more are underinsured.

At Mahdavi Law Firm, we help injury victims recover compensation even when the at-fault driver is uninsured or underinsured. Here’s what you need to know if it happens to you.

Texas Insurance Requirements

In Texas, drivers are legally required to carry liability insurance. The minimum limits are:

• $30,000 for injuries per person
• $60,000 for total injuries per accident
• $25,000 for property damage

But serious accidents often result in damages far beyond those limits—and not every driver follows the law.

What Is UM/UIM Coverage?

UM/UIM stands for Uninsured/Underinsured Motorist Coverage. It’s optional in Texas, but highly recommended—and most policies include it unless you opt out in writing.

UM/UIM can cover:

• Medical expenses
• Lost wages
• Pain and suffering
• Funeral expenses (in fatal crashes)
• Hit-and-run accidents (if the at-fault driver flees)

It protects you when the other driver can’t pay.

What If the At-Fault Driver Has No Insurance?

If you’re hit by an uninsured driver, your options include:

1. Filing a claim through your UM coverage
2. Filing a personal injury lawsuit (though many uninsured drivers have limited assets)

An attorney can help you decide the best course of action—and ensure you don’t get stuck with the bill for someone else’s negligence.

What If the Driver’s Insurance Isn’t Enough?

If your damages exceed the at-fault driver’s policy limits, underinsured motorist (UIM) coverage can step in to cover the difference—up to your policy limit.

Example:

• Your damages total $100,000
• The other driver’s policy covers $30,000
• Your UIM policy covers up to $75,000
  You may recover the remaining $70,000 from your own insurer.

Hit-and-Run Accidents

UM/UIM insurance also applies to hit-and-run cases, as long as there’s evidence a crash occurred. If you were the victim of a hit-and-run, notify the police immediately and seek medical attention. Then contact a lawyer before speaking to your insurance company.

Dealing with Your Own Insurance Company

Many people assume their insurer will automatically “do the right thing.” Unfortunately, your insurance company becomes your opponent in a UM/UIM claim. They may:

• Dispute the severity of your injuries
• Claim you were partially at fault
• Offer a low settlement
• Delay or deny your claim altogether

At Mahdavi Law Firm, we negotiate just as aggressively with your insurer as we would with any at-fault driver.

How We Can Help

We handle all aspects of uninsured and underinsured motorist claims, including:

• Reviewing your auto policy to identify coverage
• Communicating with insurance adjusters
• Gathering evidence of your injuries and damages
• Calculating future costs and losses
• Filing a lawsuit if necessary

And because we work on a contingency fee basis, you don’t pay us unless we recover money for you.