If you’ve been hit by an uninsured driver, you basically have two options in order to recover compensation for your property damage and/or personal injuries:
- Sue the at-fault driver (if you can identify them and they are financially solvent), or
- File an uninsured motorist claim under your own insurance policy.
By law, uninsured motorist (UM) coverage is offered on all auto insurance policies in Texas, and opting out requires that you decline said coverage in writing. Unfortunately, if you don’t have uninsured motorist coverage, your likelihood of recovering any actual compensation is relatively slim.
While you can seek financial compensation through a lawsuit or small claims court, the unfortunate truth is that it’s often quite difficult to collect on any judgment unless the defendant has insurance coverage. Given that nearly 1 in 5 Texas drivers are uninsured, we strongly recommend keeping UM coverage on your own policy.