Texas Uninsured/Underinsured Motorist

When another driver injures you but carries no insurance or minimal coverage, your own uninsured/underinsured motorist protection often becomes your best—sometimes only—source of recovery. Our Texas car accident lawyers know how to force insurers to honor these policies.

Were You Hit by an Uninsured or Underinsured Driver in Texas?

The Dashner Law Firm is here to help if you’ve been injured by a driver who lacked adequate insurance. Roughly one in eight Texas drivers is uninsured, and countless others carry only the state-minimum limits—amounts that rarely cover a serious injury. When that happens, you should not be left paying your own medical bills for a crash you didn’t cause.

Our experienced team has a strong track record of holding insurance companies accountable. Unlike a standard car accident claim against another driver, a UM/UIM claim pits you against your own insurer—the same company you’ve paid premiums to for years. We understand that dynamic, and we build cases designed to overcome it.

When you hire our team, we investigate your crash, document every injury and loss, and negotiate aggressively so you can focus on healing. If your insurer refuses to pay fairly, we are fully prepared to take the fight further. Contact us today to learn how we can help.

What Is the Difference Between Uninsured and Underinsured Motorist Coverage in Texas?

Uninsured motorist (UM) coverage pays for your injuries and losses when the at-fault driver has no liability insurance or cannot be identified, such as in a hit-and-run. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their limits are too low to cover the full extent of your damages.

Both coverages protect you and your household members—whether you’re driving, riding as a passenger, or even struck as a pedestrian—and both are built into Texas auto policies unless you reject them in writing.

Uninsured Motorist (UM) Coverage

UM coverage steps in when the responsible driver has no valid liability policy at all, or when a phantom or hit-and-run driver flees the scene and cannot be located. It can pay for medical expenses, lost income, and pain and suffering—losses the at-fault driver should have covered but can’t.

Underinsured Motorist (UIM) Coverage

UIM coverage fills the gap when the at-fault driver’s insurance runs out. If your damages total $100,000 but the other driver carries only the Texas minimum, UIM coverage can help cover the difference so you’re not stuck absorbing the shortfall yourself.

Is UM/UIM Coverage Required in Texas?

Texas does not force drivers to buy UM/UIM coverage, but state law requires every auto insurer to offer it. Under Texas Insurance Code § 1952.101, insurers must include uninsured/underinsured motorist coverage in every auto liability policy unless the named insured rejects it in writing.

That written-rejection rule matters. If you were never given a valid written rejection to sign, you may have UM/UIM coverage even if you don’t remember purchasing it. Reviewing your policy—and the paperwork behind it—is one of the first things our attorneys do.

Texas only mandates minimum liability limits of 30/60/25 under Texas Transportation Code § 601.072: $30,000 per injured person, $60,000 per accident, and $25,000 for property damage. As the Texas Department of Insurance notes, those figures are legal floors, not realistic protection—which is exactly why UM/UIM coverage exists.

What Compensation Can You Recover in a Texas UM/UIM Claim?

A UM/UIM claim can recover the same categories of damages available in any car accident case—up to the limits of your coverage. These generally fall into two groups:

Economic Damages — measurable financial losses, including:

• Medical Expenses: Emergency care, hospitalization, surgery, rehabilitation, and future treatment tied to your injuries.
• Lost Wages: Income lost during recovery, plus reduced future earning capacity if your injuries are lasting.
• Property Damage: Repair or replacement of your vehicle and other damaged property.

Non-Economic Damages — intangible harms that still profoundly affect your life, including:

• Pain and Suffering: Compensation for physical pain and ongoing discomfort.
• Mental Anguish: Anxiety, depression, and emotional trauma following the crash.
• Loss of Enjoyment of Life: A diminished ability to take part in the activities you once enjoyed.

If a loved one was killed by an uninsured driver, surviving family members may pursue a wrongful death claim through available UM/UIM coverage as well.

Common Situations That Lead to UM/UIM Claims in Texas

UM/UIM coverage becomes essential in several recurring scenarios our firm handles across Texas:

• Hit-and-Run Crashes: When a driver flees and can’t be identified, your UM coverage can act as their missing liability policy. See our hit-and-run accident guide.
• Uninsured At-Fault Drivers: Drivers who never bought coverage or let their policy lapse.
• Underinsured At-Fault Drivers: Drivers whose minimum-limit policy can’t cover serious injuries.
• Drunk Driving Crashes: Impaired drivers are frequently uninsured or underinsured; our DWI accident attorneys handle these cases.
• Multiple Injured Victims: When one crash injures several people and the at-fault policy is exhausted before your losses are paid.

Identifying every responsible party and every available policy is central to maximizing what you recover.

Why Texas UM/UIM Claims Are Harder Than They Look

Here’s what surprises many injured people: recovering UIM benefits in Texas is often more difficult than a standard injury claim. Texas courts have held that an insurer has no obligation to pay UIM benefits until the insured establishes the other driver’s fault and the full amount of damages—frequently requiring a lawsuit and judgment before the insurer must pay, as reflected in Texas Supreme Court precedent.

In practice, this means your own insurance company can dispute liability, question your injuries, and delay payment—just as an opposing insurer would. Having attorneys who understand this framework and are ready to file suit when necessary can be the difference between a lowball offer and full compensation.

What Is the Statute of Limitations on Texas UM/UIM Claims?

In Texas, you generally have TWO YEARS from the date of the accident to file a personal injury lawsuit, under Texas Civil Practice and Remedies Code § 16.003. Because UM/UIM claims can require litigation against your insurer, missing this deadline can permanently bar your recovery. Your policy may also impose its own notice requirements, so acting quickly is critical.

How The Dashner Law Firm Helps With UM/UIM Claims

At The Dashner Law Firm, we recognize how overwhelming it feels to fight your own insurer after someone else caused your injuries. Our Texas personal injury attorneys bring decades of combined experience—and a firm-wide commitment to personal attention—to every UM/UIM case.

Attorney Geoffrey Dashner personally handles injury cases, reviewing your policy for coverage, valuing your claim accurately, and pushing insurers toward a fair result. We work on a contingency fee basis, so you never pay out of pocket, and we don’t collect unless you do. From investigation to settlement or trial, The Dashner Law Firm stands with you.

Ready to talk? Call 972-793-8989 or request your free consultation online—no fees unless we win.