Uninsured Motorist Claim Attorney in Texas

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Getting hit by a driver with no insurance is one of the most frustrating situations you can face after a crash. You did everything right. You followed the law, carried your coverage, and now you’re stuck with medical bills, a damaged car, and a driver who can’t pay a dime. In Denton, Texas, this scenario plays out more often than most people realize, and knowing your legal options can make all the difference in what you recover.

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How Common Are Uninsured Drivers in Texas?

Texas has a serious problem with uninsured motorists, and the numbers are hard to ignore. According to a 2025 study by the Insurance Research Council, 15.4 percent of motorists, or more than one in seven drivers, were uninsured in 2023. Texas sits right in line with that national trend, and by some estimates, the problem here is even worse. Texas reports an uninsured motorist rate of around 14 percent, and the state has made strides in raising awareness and enforcement concerning liability insurance requirements. Despite those efforts, millions of drivers still get behind the wheel without a valid policy.

Why does this happen? According to the American Association of Motor Vehicle Administrators, 82 percent of uninsured drivers either cannot afford car insurance or have a vehicle that is inoperable or unused. Rising premiums push more drivers to drop their coverage, and that puts everyone else at risk. If you drive on I-35E through Denton, loop around University Drive near UNT, or travel Teasley Lane during rush hour, you share the road with a significant number of uninsured drivers every single day.

Texas law does require financial responsibility. Texas requires 30/60/25 minimum liability coverage, and the state requires all drivers to carry liability insurance. Specifically, under Texas Transportation Code Section 601.072(a-1), the minimums are $30,000 for bodily injury to one person, $60,000 for two or more persons, and $25,000 for property damage. The state even created a verification program, TexasSure, to track compliance. The Texas Legislature directed the Texas Department of Insurance to create TexasSure to help reduce the number of uninsured drivers, and along with other resources, TexasSure has a database that connects every registered vehicle in the state by its license plate, VIN, and liability insurance policy. Even with these tools, enforcement has limits, and crashes involving uninsured drivers happen every week in Denton County.

What Is an Uninsured Motorist Claim in Texas?

An uninsured motorist (UM) claim is a claim you file with your own insurance company after a crash caused by a driver who carries no liability insurance. It is not a claim against the at-fault driver’s policy, because that policy does not exist. Instead, your own insurer steps in to cover what the at-fault driver legally owes you. This coverage exists because Texas law requires insurers to offer it with every auto liability policy.

Under Texas Insurance Code Section 1952.101, an insurer may not deliver or issue for delivery in this state an automobile liability insurance policy that covers liability arising out of the ownership, maintenance, or use of any motor vehicle unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. That means your insurer had to offer you UM coverage when you bought your policy. According to Texas Insurance Code Section 1952.101(c), you can skip UM coverage, but you have to reject it in writing, and your insurer cannot quietly leave it off your policy. If you never signed a written rejection, you likely have UM coverage right now and may not even know it.

There are two types of UM coverage in Texas. Uninsured motorist bodily injury coverage generally pays for medical bills, while property damage coverage pays for the costs to repair your damaged vehicle. UM coverage can also apply in hit-and-run situations, though Texas Insurance Code Section 1952.104 requires that actual physical contact occurred between the vehicles for a hit-and-run claim to qualify. Under Texas Insurance Code Section 1952.109, the insurer has the burden of proof in a dispute as to whether a motor vehicle is uninsured. That is a meaningful protection for injured drivers, because it shifts the burden away from you and onto the insurance company. If you are unsure whether your policy includes UM coverage, call Chandler Ross Injury Attorneys at (940) 800-2500 for a free review.

What Damages Can You Recover in a UM Claim?

A successful uninsured motorist claim can cover a wide range of losses. The goal is to put you in the same position you would have been in if the at-fault driver had carried proper liability insurance. That means your UM claim can address medical expenses, lost income, property damage, and pain and suffering, just as a standard third-party liability claim would.

Medical costs are often the most urgent concern. Emergency room visits, surgeries, physical therapy, and follow-up care add up fast. If you suffered a serious injury, such as a traumatic brain injury, spinal cord damage, or broken bones, your bills can reach tens or hundreds of thousands of dollars within weeks. UM coverage can pay for those costs up to your policy limits. Even when a driver is insured, Texas minimum limits can be quickly exhausted in serious crashes, and emergency treatment, follow-up care, and long-term recovery costs can rise far beyond what a basic policy covers, which is why underinsured motorist coverage helps bridge that gap. The same logic applies when the at-fault driver has no coverage at all.

Beyond medical bills, you can recover for lost wages if your injuries kept you from working. If your injuries are permanent or affect your ability to earn income long-term, future lost earnings are also recoverable. Pain and suffering, emotional distress, and reduced quality of life are non-economic damages that a strong UM claim should include. Property damage to your vehicle is covered as well. The personal injury lawyers at Chandler Ross Injury Attorneys build UM claims that account for every category of loss, not just the bills sitting on your kitchen table. Past results in other cases do not guarantee any particular outcome in your case, but our team works hard to pursue full and fair compensation for every client we represent.

Why UM Claims Are Harder Than They Sound

Filing a UM claim with your own insurance company might seem straightforward, but insurers often treat these claims the same way they treat claims filed against them by strangers. Your own insurer has a financial interest in paying you as little as possible. That conflict becomes very real when adjusters start questioning your injuries, disputing liability, or offering settlements far below what your damages are actually worth.

Insurance companies use several common tactics to reduce UM payouts. They may argue that your injuries were pre-existing. They may claim the accident was partly your fault, using Texas’s comparative fault rules to reduce your recovery. Under Texas Civil Practice and Remedies Code Section 33.001, if you are found more than 50 percent responsible for a crash, you cannot recover at all. Even a finding of partial fault can reduce your payout significantly. Insurers know this, and they use it. This is one reason why understanding fault determination and how it applies to your specific crash matters so much when building a UM claim.

Insurers may also delay your claim, request excessive documentation, or make lowball offers hoping you will accept before you understand the full extent of your injuries. Your own insurance company may resist paying your UM claim, and determining whether the at-fault driver has any assets worth pursuing requires investigation. A car accident lawyer who handles UM claims regularly knows how to counter these tactics. At Chandler Ross Injury Attorneys, we deal with insurance adjusters every day, and we know when an offer is fair and when it is not. Call us at (940) 800-2500 to talk through your situation.

Steps to Take After a Crash with an Uninsured Driver in Denton

What you do in the hours and days after a crash with an uninsured driver directly affects the strength of your UM claim. The Denton County Courthouse is just a short drive from many local crash sites, and the legal clock starts ticking the moment the accident happens. Acting quickly and carefully protects your rights.

First, call 911 and get a police report filed. Texas Transportation Code Section 601.053 requires drivers to show proof of financial responsibility on request. If the other driver cannot produce it, that fact goes into the police report, which becomes a key piece of evidence. Get the other driver’s name, address, and vehicle information. Take photos of both vehicles, the road, any skid marks, and your visible injuries. If there are witnesses near the scene, whether at a nearby shopping center on Loop 288 or a gas station on Carroll Boulevard, get their contact information.

Second, notify your own insurance company promptly. Most UM policies require you to report the claim within a reasonable time. Waiting too long can give the insurer a reason to deny coverage. Third, get medical attention right away, even if you feel okay. Delayed symptoms are common after crashes, and a gap in treatment can be used against you. Fourth, do not give a recorded statement to your own insurer without first speaking to an attorney. For filing a lawsuit related to your UM claim, you have two years from the date of injury under Texas Civil Practice and Remedies Code Section 16.003. That deadline applies to UM lawsuits, so do not wait. A car accident lawyer can help you meet every deadline and avoid common mistakes that can hurt your claim. Chandler Ross Injury Attorneys serves clients throughout Denton and surrounding communities, including those near the University of North Texas campus, the Denton Square, and neighborhoods along I-35E and I-35W.

How Chandler Ross Injury Attorneys Can Help With Your UM Claim

Chandler Ross Injury Attorneys is a Denton-based personal injury law firm that handles car accident and UM claims for injured Texans throughout Denton County and the surrounding area. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There are no upfront costs and no hourly bills while your case is pending.

Our firm investigates UM claims from the ground up. We gather the police report, medical records, and evidence from the scene. We work with accident reconstruction professionals and medical experts when needed to document the full extent of your injuries and how the crash happened. We handle all communication with your insurance company so you do not have to worry about saying something that could hurt your claim. If your insurer refuses to offer fair compensation, we are prepared to file suit and take your case before a Denton County jury.

Texas Insurance Code Section 1952.110 confirms that a UM lawsuit must be filed in the county where the policyholder resided at the time of the accident or where the accident occurred. For most Denton residents, that means Denton County District Court, which sits right here in our community. We know this courthouse, and we know how to present UM cases effectively in this jurisdiction. Whether your crash happened on a busy stretch of University Drive (US-380), near the Golden Triangle Mall area, or anywhere else in Denton County, our team is ready to fight for you. A car accident attorney from our firm will review your case at no charge. Call (940) 800-2500 today or contact us online to schedule your free consultation. We also serve clients in the surrounding region, including those who need a car accident lawyer in Decatur or a car accident lawyer in Gainesville.

FAQs About Uninsured Motorist Claims in Texas

What if the at-fault driver had no insurance and no assets? Can I still recover?

Yes. If you have uninsured motorist coverage on your own policy, you file the claim with your own insurer rather than pursuing the at-fault driver directly. Your UM coverage exists precisely for this situation. You do not need the other driver to have money or assets for your UM claim to succeed. The key is whether you have UM coverage and whether your injuries and damages are documented properly. An attorney can review your policy and tell you exactly what coverage is available to you.

What if I was a passenger in someone else’s car when the crash happened?

As a passenger, you may have multiple sources of potential recovery. You could file a claim under the vehicle owner’s UM policy, which often covers passengers. You may also have coverage under your own auto policy, depending on how it is written. Texas Insurance Code Section 1952.101 defines covered persons broadly enough to include passengers in many situations. The specifics depend on the policy language, so having an attorney review both policies is the best way to understand your options.

Can I sue the uninsured driver personally even if I file a UM claim?

You can pursue both options, but there are practical limits. Filing a UM claim with your own insurer is usually faster and more reliable than suing an uninsured driver who likely has few collectible assets. If you do recover from your insurer, your insurer may have a right to seek reimbursement from the at-fault driver through subrogation. Under Texas Labor Code Section 417.001, insurers can pursue third-party recovery in certain circumstances. Your attorney can explain how this affects your overall recovery strategy.

Does a hit-and-run accident qualify as an uninsured motorist claim in Texas?

It can, but there is an important requirement. Under Texas Insurance Code Section 1952.104, to recover under UM coverage for a hit-and-run, actual physical contact must have occurred between your vehicle and the unknown driver’s vehicle. You cannot simply claim that a car ran you off the road without contact and expect UM coverage to apply automatically. If physical contact did occur, you should document it thoroughly with photos and a police report. The sooner you report the incident, the stronger your claim will be.

How long does a UM claim take to resolve in Texas?

The timeline varies depending on the severity of your injuries, how cooperative your insurer is, and whether the case settles or goes to trial. Minor claims with clear documentation may resolve in a few months. Cases involving serious injuries, disputed liability, or bad-faith insurance tactics can take a year or more. Texas Civil Practice and Remedies Code Section 16.003 gives you two years from the date of injury to file a UM lawsuit, but waiting until the deadline is risky. Evidence fades, witnesses become harder to locate, and your legal options narrow over time. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible after your crash to protect your rights.

Attorney responsible for this content: Chandler Ross Injury Attorneys, principal office located in Denton, Texas. This page is intended for general informational purposes and does not constitute legal advice. Past results in other cases do not guarantee a similar outcome in your case, as results depend on the specific facts and law applicable to each matter. Chandler Ross Injury Attorneys practices in Texas. Attorneys at this firm are licensed in Texas.

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