What if the other driver had no insurance in Texas?

Your Options When the At-Fault Driver Has No Insurance

Texas does not require drivers to carry insurance before registering a vehicle, despite the legal requirement to carry minimum liability coverage. Roughly 1 in 5 Texas drivers is uninsured. When the at-fault driver has no coverage, recovery comes from three main sources: your own Uninsured Motorist coverage, a direct lawsuit against the driver, or third-party liability claims against vehicle owners, employers, or other responsible parties.

Uninsured Motorist (UM) Coverage

Texas law requires insurance companies to offer Uninsured/Underinsured Motorist coverage when they sell an auto policy. You can decline it in writing, but if you did not specifically reject it, you may have UM coverage you are not aware of. UM coverage pays your damages when the at-fault driver has no insurance or insufficient insurance. File a UM claim with your own insurer immediately after the accident.

Underinsured Motorist (UIM) Coverage

Texas minimum liability limits are $30,000 per person / $60,000 per accident. In a serious crash, these limits are frequently exhausted before all damages are covered. If you carry UIM coverage, your own policy pays the gap between the at-fault driver's policy limits and your actual damages. UIM claims are among the most common and most contested personal injury claims in San Antonio.

Direct Lawsuit Against the Uninsured Driver

You can sue an uninsured driver directly in Bexar County District Court and obtain a judgment. Collecting on that judgment depends on whether the driver has collectible assets. Wayne Wright investigates defendants' assets before advising on the viability of direct lawsuit strategy — a judgment against an asset-less defendant may be legally valid but practically uncollectible.

Third-Party Liability: Who Else May Be Responsible

The absence of insurance on the at-fault driver does not mean there is no third-party liability. Wayne Wright investigates whether the vehicle was owned by someone other than the driver (employer, family member, rental company), whether the driver was on the job at the time, or whether a defective road condition contributed to the crash. Vehicle owners can be liable for negligent entrustment when they allowed an unfit driver to use their vehicle.

Hit and Run Accidents

If the at-fault driver fled the scene, your UM coverage is typically the primary recovery vehicle. Texas courts have held that UM coverage applies to hit-and-run accidents. Wayne Wright pursues hit-and-run identification through surveillance footage, witness canvassing, and law enforcement cooperation in parallel with the insurance claim.