Will your insurance go up after an uninsured motorist claim?

It depends. While an UM claim itself may not cause your insurer to raise your rates, your insurance company can raise your rate if you have an accident and file a claim. You may also lose an existing accident-free discount, although an insurer won’t typically drop you for filing an uninsured motorist claim.

Do insurance companies go after uninsured drivers in Texas?

Yes. Insurers can pursue subrogation to attempt to recover what they paid out on your claim. But whether they’re able to collect doesn’t affect your claim or when you get paid.

What is the uninsured driver promise?

The uninsured driver promise is a U.K.-specific guarantee that your rates won’t increase if you file a claim after an insured driver hits you.

Can you sue an uninsured driver in Texas?

Yes. You can take an uninsured driver to small claims court for up to $20,000, according to the Texas State Law Library. But receiving a judgment doesn’t guarantee you’ll receive a payout, since the court won’t collect on your behalf. It may be a good idea to have a free consultation with a personal injury attorney before taking legal action against an uninsured driver.

Uninsured Driver Accident: How to Handle It in Texas

Updated July 14, 2026

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If you’re involved in a car accident with an uninsured driver in Texas, your insurance company may cover your damages and injuries. Whether your insurer pays, though, depends on whether you have uninsured motorist (UM) coverage.

Here’s how insurance works when you’re in an accident with an uninsured driver in Texas. We’ll also explain whether your insurance company can attempt to collect damages from the at-fault driver and what your options are if you don’t have uninsured motorist coverage.

What happens when you get in an accident with an uninsured driver in Texas

In Texas, nearly 12% of drivers are uninsured.^[1] This is below the Insurance Research Council’s reported national average rate of 15%. Even so, there’s a good chance you’ll share the road with a driver who has little or no insurance coverage, whether by choice or because they’ve let their coverage lapse.

After an accident, the at-fault driver’s liability insurance pays for your damages and medical bills. But if the other driver doesn’t have the state-minimum liability coverage, you’ll have to pursue a claim through your insurer.

In no-fault states, each driver files a claim with their own insurance company regardless of who caused the accident. But Texas is an at-fault state, which means the driver who causes the accident is financially responsible for any injuries and damages.^[2]

If the uninsured driver caused the crash

If someone driving without insurance hits you, whether you’ll have coverage depends on the type of insurance you carry. If you have uninsured motorist coverage in Texas, it’ll pay for your car repairs, medical expenses, pain and suffering, and a rental car if you need it.^[3]

Full-coverage car insurance will pay to repair or replace your car after an accident, no matter who caused it. But if you have only liability insurance, your options are limited, and it may be difficult to recover damages from an uninsured at-fault driver.

If you’re at fault for the accident

If you cause an accident and have full-coverage car insurance, your collision coverage pays to repair your vehicle. Your liability insurance covers the other driver’s damages and medical expenses.^[4]

If you have only liability insurance, you’ll have to pay for your vehicle repairs out of pocket. Since uninsured or underinsured motorist (UIM) coverage protects you when an uninsured driver is at fault, it won’t help you in this scenario.

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How insurers can go after uninsured motorists in Texas

If you have sufficient insurance coverage, whether your insurance company can recoup any money from the uninsured motorist won’t affect your claim. Instead, whether your insurer pays depends on the type of coverage you have and who caused the accident.

Once your insurer settles the claim, it may choose to pursue the at-fault driver through the court system to recover the money it paid on your behalf. This process is known as subrogation.

What is subrogation?

Subrogation is a legal process in which your insurance company attempts to recover the money it paid on your claim from the person who caused the accident. After it settles your claim, your insurer may sue the at-fault driver to recoup at least some of its costs.

What to do if you have to sue

If you don’t have uninsured motorist coverage and the driver who caused the accident is uninsured, suing them may be the only way to recover damages. In Texas, you can file a claim in small claims court for up to $20,000.^[5]

To file your case, you’ll start by filing a petition and paying a filing fee. The court will serve the petition and citation to the defendant by certified mail, registered mail, or by a process server or court clerk.

You can’t serve the defendant yourself.

From there, you’ll present your case before a judge, but winning your case doesn’t guarantee you’ll receive compensation. The court won’t collect the reimbursement for you, and an uninsured motorist may lack the financial resources to pay out on the judgment.

You may want to contact a personal injury lawyer to learn about your legal options. An experienced attorney can advise you on whether you have a strong case.

What to know about uninsured motorist coverage

Uninsured motorist coverage pays for your medical expenses and damages after an uninsured driver hits you or you’re involved in a hit-and-run. Underinsured motorist coverage kicks in when the at-fault driver has car insurance but not enough to cover your losses.

Texas law requires insurers to offer both uninsured and underinsured motorist coverage when you buy an auto insurance policy.^[6] Even so, you don’t have to buy them.

If you don’t want this protection, you can opt out in writing. But given the high rate of uninsured drivers, choosing not to carry uninsured motorist coverage in Texas comes with a certain amount of financial risk.

Cost of uninsured motorist coverage

Adding UM/UIM coverage to your policy costs an additional $110 per year, according to Insurify and data from the Insurance Research Council. To put that number in perspective, consider what you could end up paying out of pocket after an accident with an uninsured driver.

The national average cost to repair a vehicle in 2025 was close to $5,000, according to CCC Intelligent Solutions, an industry-leading collision estimating software provider. And that number doesn’t factor in medical bills, which can reach into the thousands, according to the National Safety Council. Even if you’re involved in only a minor collision, the costs can quickly add up.

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Other coverages that can help after an accident with an uninsured driver

A policy with UM/UIM coverage offers the best protection against uninsured or underinsured drivers. For additional financial protection, consider the following coverages:

Collision coverage pays to repair or replace your vehicle after an accident with another car or object, regardless of who caused the accident.
Comprehensive coverage protects against non-collision events, including theft, vandalism, and weather-related damage.
Gap insurance covers the difference between what your car is worth and what you still owe on your auto loan if you total your car or if someone steals it.
Personal injury protection coverage (PIP) pays for medical expenses and lost wages for you and your passengers after an accident, but only up to your policy limits.
Medical payments (MedPay) coverage helps pay for medical and funeral expenses for you and your passengers after an accident.^[7]

Uninsured driver FAQs

If you need additional information about what happens after an accident with an uninsured motorist, answers to the following frequently asked questions may help.

Will your insurance go up after an uninsured motorist claim?
It depends. While an UM claim itself may not cause your insurer to raise your rates, your insurance company can raise your rate if you have an accident and file a claim. You may also lose an existing accident-free discount, although an insurer won’t typically drop you for filing an uninsured motorist claim.
Do insurance companies go after uninsured drivers in Texas?
Yes. Insurers can pursue subrogation to attempt to recover what they paid out on your claim. But whether they’re able to collect doesn’t affect your claim or when you get paid.
What is the uninsured driver promise?
The uninsured driver promise is a U.K.-specific guarantee that your rates won’t increase if you file a claim after an insured driver hits you.
Can you sue an uninsured driver in Texas?
Yes. You can take an uninsured driver to small claims court for up to $20,000, according to the Texas State Law Library. But receiving a judgment doesn’t guarantee you’ll receive a payout, since the court won’t collect on your behalf. It may be a good idea to have a free consultation with a personal injury attorney before taking legal action against an uninsured driver.

Sources

Texas Department of Motor Vehicles. "TexasSure - Insurance Verification."
Nolo. "Texas Car Accident Laws."
Texas Department of Insurance. "What is uninsured motorist coverage, and do I really need it?."
Texas Department of Insurance. "Auto insurance guide."
Texas State Law Library. "Small Claims Cases."
Texas Department of Insurance. "Review Requirements Checklist – Personal Automobile."
Texas Office of Public Insurance Counsel. "Understanding PIP vs Med-Pay."

Written byJamie JohnsonInsurance and Personal Finance Writer

Jamie JohnsonInsurance and Personal Finance Writer

6 years experience in personal finance writing
Featured on Credit Karma and Insider

Jamie is a meticulous researcher who has published 2,000+ personal finance articles. Her expertise is trusted by major brands like Bankrate and Rocket Mortgage.

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