Hit by an Uninsured Driver in Houston: Your Options and Next Steps

Call 911 immediately after the crash, even if it seems minor. When an uninsured driver is involved, a police report is critical evidence. Tell the responding officer that the other driver may not have insurance. The officer will verify insurance status during the investigation and note it in the crash report (Form CR-3).

Driving without insurance in Texas is a misdemeanor under Tex. Transp. Code § 601.191, punishable by fines of $175-$350 for a first offense. The officer may cite the uninsured driver, which helps establish fault in your claim. Get the crash report number before officers leave the scene.

If police do not respond (this happens with minor crashes in Houston), file a report yourself through the Houston Police Department's online system or at a substation. Under Texas law, you must report crashes involving injury, death, or property damage over $1,000 to TxDOT.

Get every piece of information you can from the uninsured driver: full name, phone number, address, driver's license number, license plate number, and the vehicle's VIN if possible. If they claim to have insurance, get the company name and policy number and verify it — many uninsured drivers carry lapsed policies or fake insurance cards.

Photograph all vehicle damage from multiple angles, the road layout, traffic signals, weather conditions, and any visible injuries. Get names and contact information from witnesses. In uninsured driver cases, witness statements about the other driver's fault are especially valuable because you may need to prove fault to your own insurer when filing a UM claim.

Do not let the uninsured driver talk you into handling things privately without involving police or insurance. This is a common tactic. They may promise to pay out of pocket and then disappear. Always get a police report and file an insurance claim.

Seek medical attention within 24 hours of the crash, regardless of how you feel. Adrenaline masks pain, and many injuries — whiplash, concussions, internal bleeding — do not show symptoms immediately. Houston has world-class medical facilities through the Texas Medical Center, Memorial Hermann, Houston Methodist, and Ben Taub Hospital.

Tell the doctor you were in a car accident and describe all symptoms. The medical record from this first visit establishes the causal link between the crash and your injuries. Follow all treatment recommendations — physical therapy, specialist referrals, imaging. Keep every bill, receipt, and record of time missed from work.

Your medical documentation is the foundation of your UM claim. Your own insurance company will evaluate the severity and cost of your injuries before determining what to pay. Thorough, consistent medical records make it harder for them to minimize your claim.

If you carry uninsured motorist (UM) coverage on your auto policy, file a claim with your own insurance company. UM coverage pays for medical bills, lost wages, pain and suffering, and other damages — essentially stepping into the shoes of the insurance the at-fault driver should have carried.

Texas law requires insurers to offer UM/UIM coverage when you purchase a policy (Tex. Ins. Code § 1952.101). If you did not specifically reject it in writing, you likely have it. Check your declarations page for UM/UIM limits. Many Texans carry UM limits that match their liability limits.

Be aware that filing a UM claim means you are essentially making a claim against your own insurance company. They are not on your side in this process. They will investigate fault, evaluate your injuries, and try to minimize the payout. Do not give a recorded statement without understanding your rights. Treat the UM claims process with the same caution you would use with the other driver's insurer.

You have the legal right to sue the uninsured driver for your damages. Texas is an at-fault state, and the person who caused the crash is financially responsible regardless of insurance status. You can file a personal injury lawsuit within the 2-year statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003).

The practical problem is collection. If someone cannot afford auto insurance, they likely lack assets to pay a judgment. A lawsuit may result in a judgment you cannot collect. That said, there are situations where suing makes sense: the driver has real property, steady employment that allows wage garnishment, or other assets. A Houston attorney can assess whether a lawsuit against the uninsured driver is worth pursuing.

In some cases, other parties may share liability. If the uninsured driver was working for an employer at the time of the crash, the employer may be liable. If the crash was caused partly by a road defect, the government entity responsible for maintenance may be liable (subject to the Texas Tort Claims Act and its notice requirements).

If you do not carry UM coverage and the at-fault driver has no insurance, your options are more limited. Your own collision coverage (if you have it) will pay for vehicle repairs minus your deductible, but it does not cover medical bills, lost wages, or pain and suffering.

Your health insurance will cover medical treatment, but it will not compensate you for lost wages or non-economic damages. You may have a subrogation claim — meaning your health insurer may seek reimbursement from the at-fault driver. If you have personal injury protection (PIP), it covers medical bills and lost wages up to the policy limit regardless of fault, but PIP limits in Texas are typically low ($2,500-$10,000).

This situation is why attorneys strongly recommend carrying UM/UIM coverage in Texas. It is relatively inexpensive and protects you against the 14.1% of Texas drivers who carry no insurance at all. After this accident, review your policy and add UM/UIM coverage if you do not already have it.

Texas has a 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003). This applies to both lawsuits against the uninsured driver and UM claims with your own insurer. If a government vehicle was involved, you must provide written notice within 90 days under the Texas Tort Claims Act.

Do not wait. Evidence disappears — surveillance footage from nearby businesses is overwritten, witnesses move away, and memories fade. File your UM claim as soon as possible after the crash, and consult with an attorney if the uninsured driver's negligence caused serious injuries.

Hit by an uninsured driver in Houston? Take our free 2-minute assessment at /assessment/. We will evaluate your situation — including your UM coverage options, the strength of your fault claim, and your potential recovery — and connect you with a Houston personal injury attorney who handles uninsured motorist cases.

Being hit by an uninsured driver is infuriating. You did everything right — carried insurance, drove safely — and now you are dealing with injuries caused by someone who could not be bothered to follow the law. Texas law gives you paths to recovery. The assessment is free, confidential, and takes less time than waiting on hold with your insurance company.