Hit by an Uninsured Driver in San Antonio: How to Recover Compensation

Call 911 immediately after any crash in San Antonio, even if the other driver claims they will pay out of pocket. When the other driver has no insurance, the police report becomes even more critical — it creates an official record tying that driver to the crash. Under Tex. Trans. Code 550.062, officers must investigate crashes involving injury or significant property damage. Make sure the responding officer documents that the other driver has no insurance.

Photograph everything at the scene: damage to both vehicles, skid marks, traffic signals, road conditions, and the other driver's license plate. Get the other driver's name, phone number, address, and driver's license number. Even without insurance information, you need to identify them — you may need to sue them or provide their identity to your own UM insurer.

Get contact information from all witnesses. In uninsured driver cases, the at-fault driver may later deny fault or even deny being at the scene. Independent witness testimony protects you against this.

Before assuming the other driver has no insurance, verify. Some drivers carry insurance but do not have their card with them. Ask the responding officer to run the driver's information through the Texas Department of Public Safety system, which can verify insurance status. You can also check with the Texas Department of Insurance.

There is a difference between uninsured and underinsured. An uninsured driver has zero coverage. An underinsured driver has some coverage, but not enough to cover your damages. If the at-fault driver has a minimum 30/60/25 policy but your medical bills alone exceed $30,000, their coverage is insufficient. In that case, your underinsured motorist (UIM) coverage kicks in to cover the gap between their policy limits and your actual damages.

Also check whether the vehicle was owned by someone other than the driver. If the uninsured driver was operating someone else's vehicle, the vehicle owner's insurance may provide coverage. In Texas, insurance follows the vehicle first, then the driver.

Your uninsured motorist (UM) coverage is designed exactly for this situation. It pays for your medical bills, lost wages, pain and suffering, and other damages — just as if you were filing a claim against the other driver's insurer. Texas law requires every auto insurer to offer UM/UIM coverage when issuing or renewing a policy. If you never signed a written rejection, UM coverage may be automatically included.

Pull out your auto insurance policy and check the declarations page. Look for 'UM' or 'UIM' coverage and note the limits. Common UM limits in Texas range from 30/60 (matching the state minimum) up to 100/300 or higher. Your UM claim is limited to these amounts.

Filing a UM claim is similar to filing a third-party claim, but you are dealing with your own insurance company. Be aware that your insurer has a financial incentive to minimize the payout, even though you are their customer. Document your injuries thoroughly, keep all medical records and bills, and do not accept a low settlement offer. Texas courts have held that UM insurers owe a duty of good faith and fair dealing to their policyholders.

You have the legal right to sue the uninsured driver for your damages. If you win, you get a court judgment. The challenge is collection — a driver who cannot afford insurance often does not have assets to satisfy a judgment. However, suing may still be worthwhile in several situations: the driver owns property, has a steady income that can be garnished, or may acquire assets in the future (Texas judgments are enforceable for 10 years and renewable).

Texas allows wage garnishment for court judgments, with limits. Under Texas law, certain property is exempt from seizure, including a homestead, personal property up to certain limits, and certain retirement accounts. But vehicles, bank accounts beyond exempt amounts, and other non-exempt assets can be reached.

In some cases, suing the uninsured driver serves a strategic purpose even if collection is uncertain. It can pressure a settlement from another responsible party, establish fault for your UM claim, or create a judgment lien that attaches to any future assets the driver acquires.

Driving without insurance in Texas is a Class C misdemeanor under Tex. Trans. Code 601.191. Penalties include fines of $175 to $350 for a first offense and up to $1,000 for subsequent offenses, plus a surcharge to reinstate driving privileges. The court may also order the vehicle impounded. Repeat offenders can face driver's license suspension.

The fact that the other driver was breaking the law by driving without insurance does not automatically mean they are liable for the crash. You still need to prove they were at fault — that they were negligent and their negligence caused your injuries. The lack of insurance is a separate legal violation, not proof of fault in the collision.

However, the other driver's lack of insurance is relevant context. It demonstrates disregard for legal requirements and may affect credibility. If the case goes to trial, the jury will learn the driver was uninsured, which does not help their case.

See a doctor within 24 hours of the crash, even if you feel fine. Many crash injuries — whiplash, soft tissue damage, concussions — have delayed onset. University Hospital is San Antonio's only civilian Level I trauma center and treats the most serious injuries. For less severe injuries, urgent care clinics or your primary care physician can start your documentation trail.

Keep every medical record, bill, and receipt. If you miss work, get documentation from your employer showing lost wages. If you need ongoing treatment — physical therapy, chiropractic care, pain management — keep records of every appointment. This documentation is the foundation of your claim, whether you are filing with your UM insurer or suing the uninsured driver.

Your UM insurer will scrutinize your medical treatment. Any gap in treatment — weeks between the crash and your first doctor visit, or weeks between appointments — gives them ammunition to argue your injuries are not serious or were not caused by the crash. Be consistent and follow your doctor's treatment plan.

Texas has a 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code 16.003). This applies to both your lawsuit against the uninsured driver and any bad faith claim against your own UM insurer if they unreasonably deny or undervalue your claim. The clock starts on the date of the crash.

For claims against government entities — such as a city-owned vehicle or military vehicle from Joint Base San Antonio — you must file a notice of claim within 6 months under the Texas Tort Claims Act. San Antonio has a large military presence, and crashes involving military vehicles have additional procedural requirements.

Do not wait until the deadline approaches. The sooner you act, the better your evidence, the fresher witness memories, and the more leverage you have in negotiations. Insurance companies know when you are running out of time.

Were you hit by an uninsured driver in San Antonio? Take our free 2-minute assessment at /assessment/. We will help you understand your UM coverage options, the strength of your claim, and whether connecting with a San Antonio personal injury attorney makes sense for your situation.

Being hit by an uninsured driver is frustrating, but it does not mean you are without options. Between your UM coverage and the right to sue, there are paths to compensation. Start with the assessment — it is free, confidential, and takes less time than a phone call to your insurance company.