Hit by an Uninsured Driver in Dallas-Fort Worth: What to Do Next

Call 911 immediately after the crash. When police arrive, the officer will ask both drivers for proof of insurance. If the other driver cannot provide it, this will be documented in the crash report. In Texas, driving without insurance is a Class C misdemeanor (Texas Transportation Code Section 601.191), and the officer may cite the uninsured driver on the spot.

Get the other driver's name, phone number, driver's license number, license plate number, and vehicle information even if they have no insurance card. Some drivers claim they are uninsured at the scene but actually have active policies. The police report and your own investigation may reveal coverage the other driver did not disclose.

Do not let the other driver talk you into handling things without police involvement. Uninsured drivers often plead for you to settle privately because they fear legal consequences. Do not agree. You need a police report documenting the crash, the other driver's lack of insurance, and the circumstances of the accident. This report is essential for your UM claim.

Photograph everything: both vehicles from multiple angles, the road layout, traffic controls, weather conditions, and any visible injuries. Get contact information from any witnesses. Note the exact time, location, and circumstances of the crash.

If you have a dashcam, preserve the footage. If the crash happened near a business or intersection, security camera footage may exist — act quickly because many systems overwrite within days. This evidence is even more critical in uninsured driver cases because you may need to prove fault to your own UM insurer.

Get medical attention within 24 hours even if you feel fine. Adrenaline masks pain, and many injuries do not manifest for 24-72 hours. The medical record from this visit links your injuries to the crash. Follow all treatment recommendations and keep every receipt.

If you carry uninsured motorist (UM) coverage, file a claim with your own insurance company. This is your primary recovery path. UM coverage pays for your medical bills, lost wages, pain and suffering, and other damages — just as if the at-fault driver had insurance. Your UM policy limits are the maximum you can recover through this route.

Texas law requires insurance companies to offer UM/UIM coverage when you purchase a policy. However, you can decline it in writing. If you never explicitly declined, you likely have it — and your insurer may owe you coverage even if you do not remember purchasing it. Check your declarations page or call your agent.

Be aware that your own insurance company is not your advocate in a UM claim. They are paying out of their own pocket, so they have an incentive to minimize your payout. Treat your UM claim with the same caution you would treat a claim against the other driver's insurer. Do not give a recorded statement without understanding your rights. Do not accept the first offer.

You have the legal right to sue an uninsured driver for your full damages. Texas is an at-fault state, and the uninsured driver owes you compensation regardless of their insurance status. The practical challenge is collection — someone who cannot afford insurance may not have assets to satisfy a judgment.

That said, a lawsuit is not always pointless. Some uninsured drivers have assets — a home, a car, wages that can be garnished. A Texas judgment is valid for 10 years and can be renewed, so if the driver's financial situation improves, you can collect later. The judgment also accrues interest at 5% per year.

If your damages exceed your UM policy limits, a lawsuit against the uninsured driver may be necessary to recover the difference. An attorney can run an asset check before you decide whether to pursue litigation.

Texas uses proportionate responsibility (Tex. Civ. Prac. & Rem. Code Section 33.001), which means the uninsured driver's insurer — or your own UM insurer — may argue you share some fault. If you are found 20% at fault, your recovery is reduced by 20%. If you are found 51% or more at fault, you recover nothing.

In uninsured driver cases, your own UM insurer may be more aggressive about arguing comparative fault because they are the ones paying. They may claim you were speeding, distracted, or failed to avoid the crash. Strong documentation — a police report favorable to you, witness statements, dashcam footage — is your best defense.

Do not admit fault at the scene, on the phone with your insurer, or in any recorded statement. Even a casual apology can be used against you. Stick to the facts.

If you do not carry UM coverage and the at-fault driver is uninsured, your options narrow but do not disappear. You can still sue the uninsured driver directly. You can use your own health insurance or MedPay (medical payments coverage) to cover medical bills. If you have collision coverage, it will pay for vehicle repairs minus your deductible.

Texas also has a Crime Victims' Compensation Program that may help if the uninsured driver was committing a crime (such as DWI) at the time of the crash. The program covers medical expenses, lost wages, and other costs up to $50,000.

This is a difficult situation, and it is why personal injury attorneys strongly recommend carrying UM/UIM coverage at limits that match your bodily injury liability limits. It is one of the most cost-effective additions to any Texas auto policy.

The statute of limitations for personal injury claims in Texas is 2 years from the date of injury (Tex. Civ. Prac. & Rem. Code Section 16.003). This applies whether you are filing a UM claim, suing the uninsured driver, or both. If a government vehicle was involved, you must provide notice within 6 months under the Texas Tort Claims Act (Section 101.101).

Do not wait until the deadline approaches. Evidence disappears, witnesses relocate, and delays make it harder to prove your injuries are connected to the crash. File your UM claim promptly and consult an attorney early if your injuries are significant.

Hit by an uninsured driver in Dallas-Fort Worth? Take our free 2-minute assessment. Answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report explaining your recovery options — UM claims, direct lawsuits, and other paths — and connect you with a DFW personal injury attorney experienced in uninsured motorist cases.

Being hit by someone with no insurance feels deeply unfair. You did everything right — carried insurance, followed the rules — and now you are dealing with injuries and bills caused by someone who did not. Texas law still gives you options. Start with the assessment. It is free, confidential, and faster than arguing with an insurance adjuster.