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What Should I Do if the Other Driver Was Uninsured or Underinsured?

What Should I Do if the Other Driver Was Uninsured or Underinsured
If you’re involved in a car accident in Texas, and the other driver is underinsured or uninsured, you may still be able to recover compensation for your injuries and other damages if you have UM/UIM insurance coverage. With this type of auto insurance coverage, you can file a claim with your own insurer and recover compensation for your accident-related losses.

What Are the Minimum Auto Insurance Requirements in Texas?

In Texas, drivers are required to carry a minimum amount of auto insurance coverage to legally operate a motor vehicle:

  • Bodily injury liability coverage. $30,000 per person injured in an accident and $60,000 for all persons injured in an accident
  • Property damage. $25,000 for property damage caused by an accident

What is Uninsured and Underinsured Motorist Coverage?

Underinsured and uninsured motorist coverage is an optional type of auto insurance coverage that provides financial protection to drivers if they are involved in an accident with a motorist who either has no insurance or does not have enough insurance to cover the full extent of the damages.

What Should I Do Following An Auto Accident With An Uninsured Driver?

The following steps can help you recover compensation for your accident-related damages:

Report Your Accident to Your Insurer

Most insurance companies require their policyholders to report a collision within 48-72 hours.

Review Your Auto Insurance Policy

Review your auto insurance policy to determine if you have uninsured/underinsured motorist coverage. This insurance coverage is optional in Texas. This coverage can help protect you in the event you’re involved in a motor vehicle collision with a driver who doesn’t have enough insurance coverage to fully compensate you for your damages.

Filing a Claim with Your Insurance Company

If you have UM/UIM coverage, you’ll need to file a claim with your own insurance company. Your insurance policy will outline the specific procedures for filing this type of claim. You’ll typically need to provide details about the accident, your injuries, and any other relevant information.

Investigation By Your Insurance Company

Once you’ve filed a claim, your insurance company will conduct an investigation. If your claim is approved, your insurance company will offer you a settlement based on the terms of your policy. This settlement may cover medical expenses, lost wages, pain and suffering, and other damages, up to the limits of your UM/UIM coverage.

Negotiating a Fair Settlement

If you and your insurance company are unable to reach a fair settlement, contact a car accident lawyer. Your attorney can handle all interactions with the insurance company, including negotiating a fair settlement.

Do I Need to Hire a Car Accident Lawyer?

Even if you have UM/UIM coverage, you may still need to hire a car accident lawyer to handle your claim. While you may think the claims process will be straightforward, even your own insurance company may refuse to offer the fair settlement you deserve. A car accident attorney will negotiate with the insurance company and ensure you receive every penny of compensation you’re owed. If the insurance company refuses to make a fair settlement offer, your attorney can file a lawsuit on your behalf and present your case before a judge and jury.


Ben Dominguez


Ben Dominguez, a seasoned attorney based in Houston, offers exceptional legal guidance and representation. With 27 years of experience, Ben has a strong track record of litigating high-profile cases, securing damages for clients, and achieving not-guilty verdicts in serious criminal charges. His expertise extends beyond the courtroom; he has spoken before Texas legislative committees, contributed to political campaigns, and engaged with national media. Located a block from the Museum of Fine Arts, his law firm embodies a commitment to justice, demonstrating a work ethic and personalized approach that are key to successful legal outcomes. Ben’s dedication to respect and understanding for all clients sets him apart in the legal field.  Learn More

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If you were involved in an accident that was caused by the negligence of another person or entity, the personal injury lawyers at the Ben Dominguez Law Firm are here to help.

Let our legal team handle every aspect of your case, so you can focus on what matters most, your health and moving on with your life. Contact us today to learn more.