If an uninsured driver hits you, you have three ways to seek payment: a claim under your own uninsured/underinsured motorist (UM/UIM) coverage, a claim under your personal injury protection (PIP) or medical payments (MedPay) coverage, and a personal injury lawsuit against the driver. Each one has its own deadline.

How does uninsured/underinsured motorist coverage work in Texas?

UM/UIM coverage pays for your bodily injury and property damage when the at-fault driver has no insurance (uninsured) or doesn’t carry enough insurance to cover your losses (underinsured). Unless you purchase higher limits or reject the coverage in writing, your UM/UIM limits generally match the state’s minimum liability limits of $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage (Texas Insurance Code § 1952.105; Texas Transportation Code § 601.072). Texas law requires every auto liability insurer to include UM/UIM coverage in a policy unless the policyholder rejects it in writing (Texas Insurance Code § 1952.101). Because of this rule, many Texas drivers already carry UM/UIM coverage without realizing it.

Because UM/UIM coverage is a claim against your own insurer rather than the at-fault driver, the insurer’s role shifts. It stands in the place of the uninsured or underinsured driver and can dispute liability or damages the same way that driver’s insurer would. Texas Insurance Code § 1952.109 places the burden on you to prove both the other driver’s fault and the amount of damages you’re owed.

Does uninsured motorist coverage apply to hit-and-run accidents in Texas?

Generally, yes. Texas Insurance Code § 1952.102 treats a driver who flees the scene and cannot be identified as an uninsured motorist for coverage purposes, so your UM coverage can still apply.

There’s an important limitation. When the responsible driver is unknown, Texas Insurance Code § 1952.104 requires that actual physical contact occurred between that vehicle and your person or property. Texas courts have recognized an “indirect contact” exception when a hit-and-run vehicle strikes another car that then strikes yours, but a near-miss where you swerve and crash without ever being struck typically won’t satisfy this requirement. Independent witnesses can be especially important in these claims, since your own insurer has a financial interest in disputing what happened.

What do PIP and medical payments (MedPay) coverage pay after a Texas car accident?

PIP pays a portion of your own medical bills and lost income after a crash, no matter who caused it. Texas law requires auto insurers to include PIP in a policy unless the policyholder rejects it in writing, and the minimum limit is $2,500 (Texas Insurance Code § 1952.152(a), § 1952.153(a)). Because PIP is no-fault, you do not have to prove the uninsured driver caused the crash to use it.

Medical payments coverage, often called MedPay, is a separate optional coverage that pays medical expenses for you and your passengers after a crash, also regardless of fault. Policy language determines who and what MedPay covers. Both coverages can pay early medical bills while a UM/UIM claim or lawsuit is still pending.

Can you sue an uninsured driver in Texas?

Yes, you can sue an uninsured driver individually for negligence, which means failing to use reasonable care. That lawsuit is not limited by any insurance policy, but collecting on a judgment (a court order saying the driver owes you money) depends on whether the driver has income, assets, or property that can satisfy it. This is one reason UM/UIM coverage, when available, is often the more direct path to payment.

Which option should you use, and can you use more than one?

Many people use more than one, because each option fills a different gap:

PIP or MedPay is usually the first coverage to use. It can pay early medical bills, and PIP can also replace some lost income, without waiting for anyone to decide who caused the crash.
UM/UIM coverage is usually the main source of payment for larger losses, such as ongoing medical care, lost income beyond PIP, and pain and suffering. It applies when the other driver has no insurance, not enough insurance, or cannot be identified after a hit-and-run.
A lawsuit against the driver may make sense when you don't have UM/UIM coverage, when your losses exceed your coverage, or when the driver has assets that could pay a judgment.

A common approach is to use PIP or MedPay right away, then pursue a UM/UIM claim, and consider a lawsuit if those don’t cover your losses. Your policy generally won’t pay twice for the same expense, and some policies require your insurer’s approval before you settle with the other driver. That’s why it’s important to review your policy before accepting any settlement.

How long do you have to file a claim after being hit by an uninsured driver in Texas?

A Texas personal injury claim against the driver who hit you generally must be filed within two years of the accident under Texas Civil Practice and Remedies Code § 16.003. A UM/UIM claim follows a different deadline set by contract law and your policy. Many insurance policies include their own “legal action” clause that sets a shorter filing window for a UM/UIM claim, though Texas law won’t let a policy shorten it to less than two years from when the claim accrues (Texas Civil Practice and Remedies Code § 16.070(a)). The clock can also change in some situations. Under Texas Civil Practice and Remedies Code § 16.001, a deadline is generally paused for a person who is younger than 18 or of unsound mind (unable to manage their own legal affairs) at the time of the accident, until that condition ends.

Bailey & Galyen can review your policy, explain what coverage may apply after a crash with an uninsured or underinsured driver, and help you understand the deadlines that affect your claim. Call Bailey & Galyen or contact the firm online to discuss your accident. Free consultations are available for personal injury matters.

What happens if the other driver doesn’t have insurance in Texas?

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