Texas has one of the highest rates of uninsured drivers in the country. If the driver who hit you has no insurance, or not enough to cover your losses, that does not mean you have no options.
Uninsured and underinsured motorist coverage, known as UM and UIM, exists precisely for this situation. The Calderon Law Firm helps Houston accident victims identify available coverage, navigate claims their own insurer may resist paying, and recover full compensation after a crash caused by an uninsured or underinsured driver.
We have helped more than 5,000 Texas families recover after serious accidents. We have secured more than $214 million for our clients. Free case reviews. No fee unless we win.
Call (346) 999-5673 today.
What Is Uninsured Motorist Coverage and How Does It Work in Texas?
Uninsured motorist coverage, or UM coverage, is an optional add-on to your own auto insurance policy. It pays for your injuries and damages when the at-fault driver has no liability insurance at all.
Texas law does not require drivers to carry UM coverage. But insurers are required to offer it, and you must reject it in writing if you choose not to purchase it. If you did not sign a written rejection, your policy may include UM coverage even if you do not realize it.
What Is the Difference Between UM and UIM Coverage?
Uninsured motorist coverage, or UM, applies when the at-fault driver has zero insurance. Underinsured motorist coverage, or UIM, applies when the at-fault driver has some insurance, but their liability limits are too low to cover the full value of your injuries.
Both coverages come from your own insurer. Both are subject to your policy limits. And both often require an attorney to claim fully, because your own insurer has the same financial incentive to pay less as any other insurance company.
Does Texas Require Uninsured Motorist Coverage?
No. Texas does not require UM or UIM coverage. Drivers can reject it in writing. However, if (which Texas does require) you carry liability coverage, your insurer must offer you UM/UIM at equal limits unless you reject it in writing. Many drivers never remember signing that rejection. An attorney reviews your policy documents to confirm exactly what coverage you have.
Call (346) 999-5673 to find out what coverage applies in your situation.
How Common Are Uninsured Drivers in Houston?
Texas consistently ranks among the states with the highest percentage of uninsured drivers. According to the Insurance Research Council, approximately one in eight drivers nationwide lacks auto insurance, and rates in Texas tend to run higher than the national average.
In Houston specifically, the combination of high traffic volume, economic diversity, and a large population of drivers without access to affordable insurance means uninsured collisions are a regular occurrence, not an exception.
What Are the Most Common Types of Uninsured Motorist Accidents in Houston?
The uninsured motorist situation arises most often in these scenarios:
- Hit-and-run accidents where the at-fault driver flees and is never identified
- Low-speed rear-end collisions where the other driver admits they "let their policy lapse"
- Crashes in high-traffic Houston corridors where at-fault drivers carry minimum or no coverage
- Accidents involving drivers who borrowed a vehicle not covered by the owner's policy
- Rideshare-related gaps where neither the driver's personal policy nor the app's coverage fully applies
Each scenario requires a different approach to identifying which insurance source covers your claim.
What Happens When the At-Fault Driver Has No Insurance?
When the driver who caused your accident has no insurance, your UM coverage steps in as the primary source of compensation. It pays for your medical bills, lost wages, pain and suffering, and other damages, up to your policy's UM limit.
The process is more complicated than it sounds. Your own insurer acts as the defendant in a UM claim. They may dispute liability, argue your injuries are less severe than claimed, and offer settlements that do not reflect the full value of your case.
How Does a Hit-and-Run Accident Affect a UM Claim in Texas?
Texas allows UM claims for hit-and-run accidents where the at-fault driver is never identified, but with one important condition: there must be physical contact between the vehicles. A near-miss or a phantom vehicle that caused you to swerve without actual contact does not trigger UM coverage in Texas under most policies.
When physical contact occurred and the at-fault driver fled, report the accident to police immediately. The police report establishing the hit-and-run is part of the evidence foundation for the UM claim.
What If the At-Fault Driver Has Some Insurance But Not Enough?
This is where UIM coverage applies. If the at-fault driver's liability limit is $30,000 and your injuries cost $120,000 to treat, you can pursue the at-fault driver's insurer for their $30,000 limit and then file a UIM claim with your own insurer for the remaining $90,000, up to your UIM policy limit.
The order of claims matters. In Texas, you generally must exhaust the at-fault driver's policy before accessing your UIM coverage. An attorney manages that sequence to protect your rights at every step.
Call (346) 999-5673 to understand how UM and UIM coverage works in your specific case.
Why Does Your Own Insurance Company Dispute UM and UIM Claims?
Your own insurer handles your UM or UIM claim. That does not mean they are on your side. When you file a UM or UIM claim, your insurer becomes the party responsible for paying, which means they have a financial incentive to pay as little as possible.
Common insurer tactics in UM and UIM claims include:
- Disputing that the at-fault driver was actually uninsured
- Arguing that your injuries were pre-existing and not caused by the accident
- Offering a fast settlement before the full extent of your injuries is known
- Denying the claim on technical policy language grounds
- Delaying payment while requesting repeated documentation
When an insurer engages in these tactics unreasonably, Texas law allows a bad faith insurance claim. An attorney evaluates whether your insurer's conduct crosses that line.
Can You Stack UM Coverage in Texas?
Stacking refers to combining UM or UIM coverage limits from multiple vehicles or multiple policies to increase the total coverage available. Texas law on stacking is complex and depends on specific policy language.
What Is Inter-Policy Stacking?
Inter-policy stacking means combining UM coverage from two separate insurance policies. For example, a personal auto policy and a policy on a second vehicle owned by a different household member. Texas courts have allowed inter-policy stacking in some cases when policy language does not expressly prohibit it.
What Is Intra-Policy Stacking?
Intra-policy stacking means multiplying the UM limits within a single policy that covers multiple vehicles. Texas policies commonly include anti-stacking language that prohibits this. Whether stacking is available depends on the specific language of your policy and when it was issued.
An attorney reviews your policy and any additional household policies to identify every source of UM or UIM coverage before advising on your options.
What Compensation Can You Recover Through a UM or UIM Claim?
UM and UIM coverage compensates for the same categories of damages as a direct claim against an at-fault driver. Coverage is subject to your policy limits, but within those limits, you can recover:
- Medical expenses, both past and future
- Lost wages during recovery
- Reduced future earning capacity for permanent injuries
- Pain and suffering
- Emotional distress
- Property damage in some policies
One important limitation: UM and UIM claims are capped at your policy's coverage limits. An attorney identifies every policy that may apply, including your own, your spouse's, or a family member's policy in the same household, to access the maximum available coverage.
What Should You Do After Being Hit by an Uninsured Driver in Houston?
Taking the right steps immediately after the accident protects your UM claim. Here is what matters most.
Call the police. A police report is critical. It documents that the accident happened, captures the other driver's information, and notes if the driver had no insurance or fled the scene.
Seek medical attention the same day. Gaps in treatment are one of the most common reasons UM claims are reduced. Get evaluated even if you feel fine.
Photograph everything. The other vehicle, the license plate if possible, your vehicle damage, road conditions, and any visible injuries.
Do not discuss the claim with your insurer without legal advice. Your own insurer represents their own interests, not yours.
Call The Calderon Law Firm at (346) 999-5673 before providing any recorded statement to your insurer.
Ask The Calderon Law Firm
Q: I found out the driver who hit me let their insurance lapse. My UM limits are $25,000 but my medical bills are already $40,000. What are my options?
A: Your UM coverage pays up to your $25,000 limit. Beyond that, check whether there are other policies in your household, such as a spouse's policy or a policy covering another vehicle you use, that may provide additional UM limits. Also evaluate whether any third party contributed, such as a defective road condition, which could open a separate liability claim. An attorney maps every potential source of recovery before you accept any settlement.
Q: The driver fled the scene and was never found. Can I still file a UM claim?
A: Yes, if there was physical contact between their vehicle and yours. Texas requires physical contact for a UM claim in most hit-and-run situations. Report the accident to police immediately and document everything you can about the other vehicle. Your attorney then files the UM claim with your own insurer and builds the evidentiary record.
Q: My insurer is saying my injury was pre-existing and is only offering me $5,000. What do I do?
A: Do not accept that offer without a lawyer reviewing your case. Pre-existing condition defenses. are one of the most common ways UM insurers reduce payouts. An attorney gathers your full medical history, retains experts if needed, and presents evidence distinguishing your accident-related injuries from any prior conditions. If your insurer is acting in bad faith, Texas law provides additional remedies.
Q: I was a passenger in someone else's car when we were hit by an uninsured driver. Do I have a UM claim?
A: Possibly through multiple sources. The driver of the vehicle you were in may have UM coverage that covers passengers. Your own UM coverage from your personal auto policy may also apply to you as a passenger in another vehicle, depending on policy language. An attorney reviews both policies to identify which applies and in what order.
Why Houston Accident Victims Trust The Calderon Law Firm
The Calderon Law Firm was built to represent real Houston families, including the many drivers in this city who find out only after a crash that their own insurer is not on their side.
Jose Calderon and our team understand that a UM or UIM claim against your own insurance company can feel like a betrayal. We know how to handle it. We manage the evidence, negotiate with the insurer, and take the case to arbitration or litigation when the insurer refuses to pay fairly.
More than 5,000 Texas families have trusted us. We have recovered more than $214 million. No fees unless we win. Available 24/7.
Call (346) 999-5673 for a free case review. Se habla español.
Frequently Asked Questions About Uninsured Motorist Claims in Houston
Does filing a UM claim raise my insurance rates in Texas?
It depends on your policy and insurer. Texas law prohibits insurers from canceling your policy solely because you filed a UM claim. However, insurers may factor UM claims into renewal decisions. An attorney advises on how to manage the claim process to protect your coverage status.
What is the deadline to file a UM claim in Texas?
Under Texas Civil Practice and Remedies Code Section 16.003, personal injury claims must be filed within two years of the accident. Many UM policies also have internal notice requirements that are shorter. Contact an attorney quickly after the accident to protect both deadlines.
Can a UM claim go to arbitration instead of court?
Yes. Many Texas UM and UIM policies include an arbitration clause that requires disputes to be resolved through a private process rather than a jury trial. Arbitration can be faster than litigation, but it has its own procedural rules. An attorney prepares your case for arbitration with the same level of preparation as a courtroom trial.
What if my own insurer denies my UM claim entirely?
A denial is not the end. You have the right to challenge a UM denial through arbitration or through a lawsuit against your insurer in Texas civil court. If the denial was unreasonable and in bad faith, Texas law allows additional remedies including attorney's fees and statutory penalties under the Texas Insurance Code.
Talk to a Houston Uninsured Motorist Accident Lawyer
Being hit by an uninsured driver is frustrating enough. Fighting your own insurance company to get paid should not be something you do alone.
The Calderon Law Firm is ready to help. Free case review. No fee unless we win. Available 24/7.
Call (346) 999-5673 or contact us online.
6750 W Loop S #920, Bellaire, TX 77401 | (346) 999-5673 | Se habla español.