Texas · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in Texas: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Claim under your uninsured/underinsured motorist coverage (if you didn't reject it), your PIP, or your collision coverage. Insurers must offer uninsured/underinsured motorist coverage (injury and property damage) at least at the minimum limits; it is included unless you reject it in writing (Tex. Ins. Code § 1952.101).

Uninsured motorist (UM) coverage
Included unless you reject it
Minimum liability
30/60/25
Insurance system
Fault (tort)

Uninsured motorist coverage in Texas

Uninsured / underinsured motorist (UM/UIM)
Insurers must offer uninsured/underinsured motorist coverage (injury and property damage) at least at the minimum limits; it is included unless you reject it in writing (Tex. Ins. Code § 1952.101). It won't pay for a hit-and-run unless you reported it to police (TDI).
Liability minimum
30/60/25
Official text
Read the official text

Compare every state in the minimum insurance table.

If the other driver has no insurance in Texas

  • Claim under your uninsured/underinsured motorist coverage (if you didn't reject it), your PIP, or your collision coverage.

Penalties for driving uninsured in Texas

  • Driving without insurance is a misdemeanor with a fine of $175 to $350 for a first offense (Tex. Transp. Code § 601.191).

How fast an insurer must handle a claim in Texas

  • For claims on your own policy, the insurer must acknowledge the claim, start investigating and ask for what it needs within 15 days of notice (Tex. Ins. Code § 542.055), accept or reject in writing within 15 business days after getting everything it asked for (up to 45 days if it tells you why it needs more time) (§ 542.056; TDI), and pay within 5 business days after saying it will pay (§ 542.057).
  • If it breaks these rules it owes 18% yearly interest plus attorney's fees (§ 542.060).
  • These rules don't cover claims against the other driver's insurer.

Claiming from the uninsured driver in Texas

Small claims limit for car damage in Texas: $20,000 in Justice Court. Texas small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in Texas

  1. Report the crash to the police. Call police right away by the quickest means if anyone is hurt or killed, or a vehicle is too damaged to be driven normally and safely: city police inside a city (or within 100 feet of it), otherwise the sheriff or Texas DPS. Officers who investigate must file a report if anyone is hurt or killed or any one person's property damage looks like $1,000 or more. Reporting a crash in Texas and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in Texas it is included unless you reject it.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 2 years for both property damage and injury. Deadlines to sue in Texas, with the calculator

Free help in Texas

Questions about uninsured drivers in Texas

Is uninsured motorist coverage required in Texas?

Insurers must offer uninsured/underinsured motorist coverage (injury and property damage) at least at the minimum limits; it is included unless you reject it in writing (Tex. Ins. Code § 1952.101). It won't pay for a hit-and-run unless you reported it to police (TDI).

What happens if you drive without insurance in Texas?

Driving without insurance is a misdemeanor with a fine of $175 to $350 for a first offense (Tex. Transp. Code § 601.191).

What can I do if an uninsured driver hits me in Texas?

Claim under your uninsured/underinsured motorist coverage (if you didn't reject it), your PIP, or your collision coverage.

What is the minimum car insurance in Texas?

30/60/25

How long do I have to sue an uninsured driver in Texas?

2 years for property damage and 2 years for injury.

How fast must an insurer handle a car insurance claim in Texas?

For claims on your own policy, the insurer must acknowledge the claim, start investigating and ask for what it needs within 15 days of notice (Tex. Ins. Code § 542.055), accept or reject in writing within 15 business days after getting everything it asked for (up to 45 days if it tells you why it needs more time) (§ 542.056; TDI), and pay within 5 business days after saying it will pay (§ 542.057). If it breaks these rules it owes 18% yearly interest plus attorney's fees (§ 542.060).

More for Texas drivers

Nearby states

Sources

Last checked: Oct 24, 2026.