Getting into a car accident is never easy, but the situation becomes even more complicated when the other driver doesn’t have insurance. It’s a reality that many Texans unfortunately face. Whether you’re driving through the busy streets of Plano, navigating traffic in Collin County, or heading out on a weekend trip through North Texas, encountering an uninsured driver is a risk. Understanding how your insurance coverage applies in these situations and knowing the right steps to take can protect you legally and financially.
Let’s break down what it means to be involved in an accident with an uninsured driver, how your own insurance can help, and what you should do immediately following the incident.
Understanding Uninsured Drivers in Texas
An uninsured driver is someone operating a vehicle without any liability insurance, which is required by Texas law. Despite legal requirements, a surprising number of drivers hit the roads without coverage. According to the Insurance Research Council, nearly 1 in 8 drivers in the U.S. is uninsured, and in Texas, that percentage can be even higher depending on the region. Whether due to financial hardship, oversight, or intentional noncompliance, uninsured motorists create risk for every responsible driver sharing the road.
In areas like Plano, McKinney, Frisco, and the surrounding Collin County communities, a growing population and increased traffic mean more potential for accidents involving uninsured drivers.
Legal and Financial Implications of an Accident with an Uninsured Driver
In Texas, if you’re in an accident with an uninsured driver, determining fault becomes a key part of the claims and recovery process. If the uninsured driver caused the accident, they’re still legally responsible for any damage or injuries, but recovering compensation can be difficult if they don’t have the financial means to pay.
Texas is an at-fault state, which means the party responsible for the accident is expected to cover the damages. However, when the at-fault driver doesn’t have insurance, your options for financial recovery become more limited unless you’ve taken the proper precautions in your insurance coverage.
How Your Insurance Coverage Can Protect You
When you’re hit by an uninsured driver in Texas, your insurance may provide coverage—but only if you’ve included the right types of protection in your policy. Here are the key coverages to consider:
Uninsured Motorist Coverage (UM)
Uninsured motorist coverage is designed to protect you if the other driver has no insurance. In Texas, this coverage is offered to all policyholders and must be rejected in writing if you choose not to include it. It’s highly recommended, especially given the number of uninsured drivers on the road.
There are two main types:
- Uninsured Motorist Bodily Injury (UMBI): Covers medical expenses, lost wages, and pain and suffering for you and your passengers.
- Uninsured Motorist Property Damage (UMPD): Covers repairs to your vehicle and property damage caused by an uninsured driver.
UM coverage usually has the same limits as your liability coverage, so if you carry $100,000 in liability, you’ll have that same amount in UM protection—unless you choose otherwise.
Collision Coverage
Collision coverage can also help in these situations. This part of your policy pays for damage to your vehicle regardless of who is at fault. If an uninsured driver causes damage, collision coverage can step in. Keep in mind:
- You will likely pay a deductible before your insurance pays the remaining repair costs.
- Your insurance company may attempt to recover the amount from the uninsured driver (a process known as subrogation), but recovery is not guaranteed.
Medical Payments (MedPay) or Personal Injury Protection (PIP)
These coverages help pay for medical expenses for you and your passengers regardless of fault. They’re optional in Texas, but incredibly helpful if you’re in an accident with an uninsured driver:
- MedPay pays for things like ambulance rides, hospital bills, and even funeral expenses.
- PIP covers medical expenses and may also reimburse lost wages or other non-medical costs related to injuries.
Immediate Steps to Take After an Accident with an Uninsured Driver
Knowing what to do immediately after an accident can make a big difference in protecting your rights and successfully filing a claim. Here’s a step-by-step guide tailored for Texas drivers:
1. Ensure Everyone’s Safety
First and foremost, check for injuries. If anyone is hurt, call 911 right away. Move to a safe location if possible to avoid further accidents or hazards.
2. Call Law Enforcement
In Texas, it’s crucial to have a police report for any accident involving injury, death, or significant property damage. This is especially important when the other driver is uninsured. The report will be a key document in any future claims or legal proceedings.
3. Gather Information
Even if the other driver doesn’t have insurance, collect as much information as you can:
- Name, address, phone number
- Driver’s license number
- Vehicle make, model, and license plate
- Photos of both vehicles, the accident scene, and any visible injuries
- Names and contact information of any witnesses
4. Document the Uninsured Status
If the other driver admits they don’t have insurance, make note of that. If possible, take a picture of their expired or missing insurance card. Share this information with the responding officer so it’s included in the police report.
5. Notify Your Insurance Company
Report the accident to your insurer as soon as possible. Be honest and thorough, and provide all the details you gathered. Mention that the other driver was uninsured so your agent can help guide you through filing a claim under the appropriate coverage.
6. Seek Medical Attention
Even if you feel okay at the scene, it’s wise to get a medical evaluation. Some injuries—like whiplash or internal bruising—may not show symptoms right away. Keep records of all medical visits, bills, and diagnoses.
Filing a Claim with Your Insurance
If you have uninsured motorist coverage or collision insurance, you can file a claim with your insurer. The process may include:
- A review of the police report and accident documentation
- Submission of medical records and repair estimates
- Possible statements from you and any passengers or witnesses
- Review of your policy limits and deductible requirements
The good news is that many insurance companies in Texas are experienced with handling uninsured motorist claims. At Sterling Insurance Group in Plano, we regularly help drivers in Collin County and surrounding areas navigate this process and ensure fair outcomes.
Can You Sue an Uninsured Driver?
Yes, you can. If the other driver was at fault, you have the legal right to sue them for damages. However, if they have no insurance, it often means they also lack the financial resources to pay a judgment. Suing may not lead to actual compensation unless the driver has significant assets.
In these cases, working with an attorney can help you weigh your options. Some drivers may arrange payment plans through court orders, but the recovery process can be slow and uncertain.
How to Protect Yourself Going Forward
You can’t control whether other drivers obey the law, but you can take steps to protect yourself and your family.
1. Purchase or Review Your Uninsured Motorist Coverage
If you don’t already have uninsured motorist coverage, talk to your insurance agent about adding it. If you do have it, review your limits to ensure they’re adequate for your lifestyle and risk level.
2. Maintain Sufficient Collision Coverage
Even if your vehicle is paid off, it may still be worth maintaining collision coverage—especially if you want to avoid large out-of-pocket repair bills in the event of a crash with an uninsured or underinsured driver.
3. Stay Current with Your Policy Reviews
Insurance needs change. Whether you’ve recently moved to a new part of Collin County, purchased a new vehicle, or added a teen driver to your policy, reviewing your coverage with your agent ensures you’re prepared for the unexpected.
4. Drive Defensively
Avoiding accidents is always the best protection. Stay alert, drive the speed limit, and give other vehicles plenty of space. Defensive driving habits reduce your risk of getting into accidents with any driver—insured or not.
Being in an accident with an uninsured driver can be frustrating and costly, but with the right insurance coverage and a clear understanding of the process, you can minimize the disruption. At Sterling Insurance Group, we’re here to help our neighbors across Plano, Collin County, and nearby Texas communities make informed decisions about their insurance.
If you’re unsure whether your policy includes uninsured motorist protection or you’d like to review your current coverage, our team is ready to guide you through your options and make sure you’re well protected—no matter who you share the road with.
Let us help you stay prepared for whatever Texas roads throw your way.
Sterling Insurance Group | (972) 964-4825 | sterlinginsnow.com