What Happens When the Other Driver Is Uninsured

If the at-fault driver has no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, if you carry it, is typically the main path to compensation for your injuries.

Uninsured Motorist Coverage

UM coverage on your own policy can step in to cover your damages when the at-fault driver has no insurance at all.

Underinsured Motorist Coverage

UIM coverage can help when the at-fault driver has some insurance, but not enough to fully cover your damages.

Other Options

In some cases, pursuing the at-fault driver personally for a judgment may be an option, though collecting on it can be difficult if they have limited assets.

Frequently Asked Questions

Is uninsured motorist coverage required in Texas?

Insurers must offer UM/UIM coverage on auto policies issued in Texas under Texas Insurance Code Chapter 1952, Subchapter C, but a named insured can reject it in writing — check your policy or ask your insurance agent whether you have it.

What if I don't have uninsured motorist coverage?

Your options may be more limited, but we can still help evaluate whether pursuing the at-fault driver directly makes sense.

Have a Case-Specific Question?

This page is general information, not individualized legal advice. Start a free case review to discuss your specific situation.

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Last reviewed: August 27, 2026. Sources: Tex. Ins. Code Ch. 1952, Subch. C (Uninsured/Underinsured Motorist Coverage)