What to do if you are involved in an accident with an uninsured driver in Texas?

Texas law requires Car insurancebut some drivers still driving without insuranceTexas is a fault state that recommends, but does not require, drivers to Coverage for uninsured/underinsured motorists (UM/UIM).

If you are involved in a car accident with an uninsured driver, your insurance company will usually try to sue the driver or their insurance company for the cost of your repairs and medical bills. Your insurance company will handle most of the logistics.

Your insurance coverage has the biggest impact on how the claims process works for you. Depending on your coverage, your insurer may cover none or all of the costs of the accident. If you have UM/UIM coverage, you can file a claim through your insurance company to pay for the repair costs.

It's important to know your insurance options – especially if you have uninsured motorist coverage – and how they affect accidents with other drivers. Here's everything you need to know.

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What happens if you have an accident with an uninsured driver?

Texas requires a minimum amount of liability insurance that will pay for repairs and injuries to the other driver if you cause an accident. The state recommends that drivers carry UM/UIM insurance, but you can opt out by notifying your insurer in writing. Texas is also a fault state, meaning the driver who caused an accident is responsible for the cost of bodily injury and property damage.

For example, if you are in an accident with an uninsured driver and file a claim through your UM/UIM coverage, your insurer will pay out your claim. Your insurer also has the right to sue the uninsured at-fault driver to recover the claim.

If you don't have UM/UIM coverage and only have state-mandated liability insurance, you'll likely have to pay all repairs and bills out of pocket. You could sue the uninsured driver, but even if you win the case, they may not have the money to pay. It's often not worth suing an uninsured driver.^[1]

In Texas, 13.8% of drivers are uninsured, so it's likely you'll encounter an uninsured driver at some point. Here's what to expect if one happens.^[2]

If the uninsured driver caused the accident

If an uninsured driver causes an accident and damages your car, your insurance coverage will determine how the situation plays out. Here are the possible scenarios:

• You have insurance against uninsured drivers. In most states, uninsured motorist coverage is optional insurance. This insurance covers your vehicle's repairs and medical costs if an uninsured driver causes an accident. You can file a claim with your insurer to start the process.

• You have fully comprehensive insurance, but no insurance cover for uninsured drivers. Full coverage Auto insurance policies typically include comprehensive, collision and liability coverage. Collision insurance helps you pay for the cost of repairing your vehicle, regardless of who is at fault. However, comprehensive insurance does not include medical coverage, so you may have to pay out of pocket if you need medical care.

• You only have basic liability insurance. Liability-only insurance doesn't cover your vehicle's repairs or medical costs. It will help pay for the other driver's repairs and medical costs if you cause an accident. However, if an uninsured driver causes the accident, your liability-only insurance won't help.

If you are at fault for the accident

If you are at fault in an accident in Texas and the other driver is uninsured, you are responsible for the costs. You can also expect your Insurance prices are risingHere's how it works, depending on your insurance coverage:

• You have fully comprehensive insurance for your car. Comprehensive insurance covers your repairs and those of other drivers if you cause an accident. It also covers the other driver's medical expenses, regardless of their insurance coverage.

• You only have basic liability insurance. Liability-only insurance covers the cost of vehicle repairs and the other driver's medical expenses if you cause an accident. In Texas, it usually doesn't matter in this scenario whether the other driver has insurance because it's an at-fault state.

• You have insurance against uninsured drivers. Uninsured motorist coverage does not apply if you cause the accident. The policy only provides coverage if the driver who causes the accident is uninsured.

How insurers can take action against uninsured drivers

If an uninsured driver causes an accident, your insurance company will likely take legal action against the other driver's insurance company to recover some of the costs. Your insurer will handle the logistics and legal process so your daily life isn't disrupted.

How much you pay for repairs and medical care depends on the type of insurance coverage you have and which driver caused the accident.

What is subrogation?

Subrogation is when your insurance company tries to get compensation for your claim from the other driver's insurance company. It is a legal process handled by your insurance company.^[3]

The insurance of the person who caused the accident must cover the cost of repairs and treatment of your vehicle. However, your insurer cannot claim recourse if the other driver does not have insurance coverage.

What to do if you have to sue?

Subrogation is a legal dispute between two insurance companies. The drivers are not involved. You can sue the at-fault driver for damages, but it can be a lengthy and costly process. Sometimes the at-fault driver cannot afford the repairs, so even if you win in court, you will not receive any additional money.

Due to the effort and expense involved, it is usually not worth suing the driver. It is usually more sensible to file a claim with your insurance company.

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What you should know about uninsured motorist coverage

Underinsured/uninsured motorist protection is an optional insurance policy that helps pay for car repairs, medical expenses, a temporary rental car, and depreciation costs if an uninsured driver causes an accident. The policy covers your costs if the at-fault driver does not have adequate insurance. It also includes pedestrian and hit-and-run coverage.^[4]

The deductible for UM/UIM in Texas is $250, which is cheaper than deductibles for other policies. Insurers in Texas are required to offer the coverage, and if you don't want it, you must decline the policy in writing.

Costs of insurance against uninsured motorists

The average cost of uninsured/underinsured motorist insurance is about $110 per year. The low price makes it an affordable option for most drivers. The cost of no coverage is much higher, so UM/UIM insurance is worth the small cost.

Other insurance policies that can help after an accident involving an uninsured driver

Various types of optional coverage can help pay for repairs, medical expenses and car replacement after an accident involving an uninsured driver. Here is How to report a claim depending on your insurance coverage.

• 

  Collision protection

  A Collision Policy helps cover the cost of repairing your vehicle, regardless of who is at fault. If you have comprehensive insurance, you can make a claim after an accident.

• 

  Comprehensive coverage

  If the damage was caused by theft or by hitting an object, you can Comprehensive coverage make a claim for compensation for damage to property.

• 

  Gap coverage

  This policy covers the difference between what you owe on your car and what it is worth. If an uninsured driver wrecks your car, you can GAP insurance to pay off your car loan.

• 

  health insurance

  health insurance helps pay healthcare costs for you and your passengers and is available in debt states like Texas.