San Antonio Uninsured & Underinsured Motorist Lawyers

Hit by an uninsured driver in Texas? Our attorneys can protect your rights

Have you been injured in a car accident in San Antonio caused by an uninsured driver? Are you uncertain about covering your medical bills and other accident-related expenses? These are common concerns faced by many car accident victims in Texas, and navigating through them can be overwhelming. At our law firm, we understand the challenges you're facing.

For decades, our San Antonio uninsured motorist lawyers at the Herrera Law Firm have been dedicated to advocating for individuals injured in accidents involving underinsured and uninsured drivers. With our extensive experience and knowledge of Texas law, we are committed to providing you with the support and guidance you need during this difficult time.

Is car insurance mandatory in Texas?

Yes. All drivers licensed by the State of Texas must have some form of car insurance to operate a car legally in the state. As the Texas Department of Insurance’s website explains, “Texas law requires drivers to show proof they can pay for the accidents they cause.”

What is the mandatory minimum car insurance requirement in Texas?

Like many states, Texas has mandatory minimum car insurance requirements. Specifically, all drivers in Texas must have the minimum amount of liability coverage:

$30,000 per person for car accident injuries.
$60,000 per accident for injuries.
$25,000 for property damage.

This mandatory minimum amount of car insurance in Texas is sometimes called 30/60/25 coverage.

What other types of car insurance are available in Texas?

Besides liability coverage, drivers in Texas have the option to obtain various other types of car insurance to enhance their coverage. These include:

Additional liability coverage: Going beyond the minimum 30/60/25 coverage to provide increased financial protection in the event of a crash.
Collision coverage: Pays for repairs to your vehicle or covers the cost of a new one if you're involved in a collision.
Comprehensive coverage: Covers vehicle damage from incidents like fire, flood, vandalism, and theft.
Medical payment coverage: Covers medical expenses for injured drivers and passengers.
Personal injury protection (PIP) coverage: Pays for medical bills, lost wages, and other non-medical expenses incurred due to a car accident injury.
Uninsured and underinsured motorist coverage: Provides coverage if you're in a collision with a driver who lacks sufficient insurance.

While these additional forms of car insurance are not mandatory in Texas, understanding how they work is crucial, especially if you've been injured in a collision involving an uninsured driver.

Who pays for car accidents caused by uninsured drivers in Texas?

When an uninsured driver causes a car accident in Texas, determining who pays for the resulting damages can be challenging. In such cases, uninsured motorist coverage becomes crucial. Again, this type of coverage is optional in Texas but highly recommended, as it steps in to cover your expenses if you're involved in a collision with an uninsured driver.

If you have uninsured motorist coverage, your own insurance provider will typically compensate you for medical bills, vehicle repairs, and other accident-related costs, up to the limits of your policy. Without this coverage, recovering compensation for your losses may prove to be more difficult.

Additionally, in cases of hit-and-run accidents where the at-fault driver flees the scene and cannot be identified, uninsured motorist coverage may also apply. Having uninsured motorist coverage can provide peace of mind knowing that you're protected even in situations where the at-fault driver is uninsured or cannot be located.

How does uninsured and underinsured motorist coverage work in Texas?

In Texas, uninsured motorist (UM) and underinsured motorist (UIM) coverage are optional, but insurance companies must offer them to you in writing. In general:

UM coverage helps when the other driver has no insurance at all, or in a hit‑and‑run where they can’t be identified.
UIM coverage helps when the at‑fault driver has insurance, but not enough to cover all your losses.

Texas UM/UIM can include:

Bodily injury benefits for medical bills, lost wages, and pain and suffering for you and passengers.
Property damage benefits to repair or replace your vehicle, usually with a small deductible.

Your UM/UIM limits (for example, 50/100) cap how much you can recover from an uninsured motorist claim or underinsured motorist claim, even if your injuries are worth more. The Herrera Law Firm can help identify and pursue all available coverage and push back if your insurance provider lowballs you.

What if the at-fault driver is underinsured?

When you're hit by an underinsured driver in Texas, the at-fault driver's insurance coverage may not be sufficient to fully compensate you for your losses. In such cases, underinsured motorist coverage can be invaluable. This optional coverage kicks in when the at-fault driver's insurance limits are insufficient to cover your expenses.

With underinsured motorist coverage, your own insurance provider steps in to bridge the gap, covering the remaining costs, up to the limits of your policy. This coverage can help you cover medical bills, vehicle repairs, and other accident-related expenses that exceed the at-fault driver's insurance limits.

Can I sue an uninsured driver who caused my car accident?

While it is technically possible to sue an uninsured driver, it's important to understand that individuals without insurance may lack the financial resources to adequately compensate you for your losses. Even if you obtain a favorable judgment against the uninsured driver, enforcing that judgment and recovering compensation can be challenging.

In many cases, pursuing legal action against an uninsured driver may not be the most effective means of obtaining compensation for your damages. Instead, if you have uninsured motorist coverage as part of your own insurance policy, this coverage can step in to help cover your expenses resulting from the accident.

Before taking legal action against an uninsured driver, it's advisable to consult with an experienced car accident attorney who can evaluate your case and advise you on the best course of action. An attorney can help you understand your legal options, negotiate with insurance companies on your behalf, and pursue the maximum compensation available under your insurance policy.

What to do if you’re hit by an uninsured or underinsured driver

If you’re hit by an uninsured or underinsured driver in San Antonio:

Call 911, get medical help, and report the crash so there’s an official record.
Swap information if possible and let police know the other driver may be uninsured or has “state minimum” coverage.
Take photos, get witness names, and look for nearby cameras or businesses that might have footage.
Notify your insurance provider promptly that you may have an uninsured motorist claim or underinsured motorist claim, without speculating about fault.

Then, talk to a San Antonio uninsured motorist lawyer before giving a detailed recorded statement. Your own insurance provider will still look for ways to limit what they pay on UM/UIM, including pain and suffering, so having an attorney from the start helps protect your rights.

How long do I have to file a UM/UIM claim in Texas?

There are two important deadlines to keep in mind in Texas:

Personal injury lawsuit against the at‑fault driver: This is generally two years from the date of the crash.
Lawsuit against your own insurer for UM/UIM benefits: This is typically treated as a contract claim, with a four‑year limitations period in many Texas cases.

You still need to notify your insurer and properly present an uninsured motorist claim or underinsured motorist claim well before those dates so they can’t argue you waited too long. Because the exact timing can be tricky and policy language matters, it’s important to speak with a San Antonio uninsured motorist lawyer as soon as possible after the wreck to make sure all deadlines and notice requirements are met.

When to contact an uninsured motorist accident attorney

If you have been hit by an uninsured or underinsured driver in Texas, it's essential to seek legal help from an experienced uninsured motorist accident attorney as soon as possible. Whether your insurance claim for an uninsured motorist accident has been denied or undervalued by the insurance company, an attorney can help you appeal the decision and fight for the maximum compensation you deserve.

Our attorneys at the Herrera Law Firm in San Antonio know how to handle complicated cases involving uninsured and underinsured drivers. That’s because we’ve been doing this work for years. When you have our legal team on your side, you demand the compensation you rightfully deserve.

Remember: Winning isn’t luck. It’s knowing how to fight. Contact our law firm today to learn how we can help. Schedule a free case evaluation right now. Our office is located on West Commerce Street in San Antonio, and we handle car accident claims throughout Texas. We also work on a contingency fee basis. That means you pay nothing unless we win your case. You don't have to face this situation alone. Contact us today, and let us put our skills to work for you.