Hit by an Uninsured Driver?

Texas law requires all drivers to carry at least $30,000 in liability coverage, which ensures that if someone hits you, their insurance can pay for your injuries. However, some drivers do not follow the law and may have no insurance.

If you are hit by an uninsured driver, you could technically sue that person for their personal assets, such as bank accounts or property. However, Texas law provides strong protections for individuals against collections. For example, the first $50,000 of personal property ($100,000 if married) is generally protected, and a primary homestead is fully exempt. This means that in many cases, the at-fault driver may be judgment-proof, making it difficult or impossible to recover compensation from them directly.

This is where uninsured motorist coverage comes into play. If you opted for this optional coverage under your own insurance policy, your insurance company can cover your injuries up to the policy limits. While uninsured motorist coverage is not mandatory, insurance companies in Texas must provide it unless you formally reject it in writing. In some cases, the policy may provide at least the state minimum of $30,000.

Having uninsured motorist coverage and an experienced attorney is critical to navigating these coverage issues. If you are struck by an uninsured driver and do not have this coverage, recovery may be extremely limited, especially if the at-fault driver has no collectible assets. An attorney can help identify all available coverage and ensure you receive the full compensation you are entitled to under the law.