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Getting hit by a driver with no insurance is one of the most frustrating situations you can face after a car accident. You did everything right. You carried insurance, followed the rules, and then someone else’s failure to do the same left you with medical bills, lost wages, and a damaged vehicle. If this happened to you on University Drive, near the Denton Square, or anywhere along I-35E through Denton County, you have legal options, and the personal injury lawyers at Chandler Ross Injury Attorneys are ready to help you use them.
Table of Contents
- How Common Are Uninsured Drivers in Texas?
- What Texas Law Says About Uninsured Motorist Coverage
- What an Uninsured Motorist Claim Actually Covers
- Why Your Own Insurance Company May Fight Your Claim
- Steps to Take After Being Hit by an Uninsured Driver in Denton
- How Chandler Ross Injury Attorneys Handles Uninsured Motorist Claims in Denton
- FAQs About Uninsured Motorist Claims in Texas
How Common Are Uninsured Drivers in Texas?
Texas has one of the highest rates of uninsured drivers in the country. 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 above that national figure, and the numbers have been climbing. The Insurance Research Council found that the uninsured motorist population increased from 11.6% to 14% of drivers between 2017 and 2022. That trend has not reversed.
Why are so many Texas drivers uninsured? 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 inoperative or unused. Rising premiums are pushing more drivers off coverage every year. According to data from Quadrant Information Services, the average annual cost of a full coverage car insurance policy rose 20 percent from June 2022 to June 2024.
For Denton drivers, this is a daily reality. Whether you are commuting along Loop 288, heading to UNT or Texas Woman’s University, or traveling through the busy intersections near Golden Triangle Mall, the odds of sharing the road with an uninsured driver are real. Texas law under Transportation Code Chapter 601 requires every driver to carry minimum liability coverage, but as the numbers show, a significant portion of drivers ignore that requirement. When one of those drivers hits you, your path to compensation becomes much more complicated, and that is exactly when you need an experienced attorney on your side.
What Texas Law Says About Uninsured Motorist Coverage
Texas law addresses the uninsured driver problem through two separate but related frameworks. First, under Texas Transportation Code Section 601.072, every driver must carry minimum liability coverage of $30,000 per person for bodily injury, $60,000 per accident for bodily injury involving two or more people, and $25,000 for property damage. These are the legal minimums, and they are often not enough to cover serious injuries.
Second, Texas Insurance Code Section 1952.101 requires every auto insurer to offer uninsured and underinsured motorist coverage alongside any liability policy they sell. An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. This means your insurer had to offer it to you. Insurance companies must offer uninsured motorist coverage when you buy auto insurance. If you don’t want it, you have to turn it down in writing.
There is another important protection built into the law. If you make an uninsured motorist or underinsured motorist claim and your insurer says that you declined coverage, it must produce a copy of your signed rejection of the coverage. If it cannot produce that signed rejection, Texas law deems you must be covered with UM and UIM. That matters a great deal if your insurer tries to deny your claim based on an alleged rejection you do not remember signing. Under Texas Insurance Code Section 1952.109, the insurer also carries the burden of proof in any dispute about whether a vehicle is uninsured. That is a meaningful legal protection for injured drivers in Denton and throughout Texas.
What an Uninsured Motorist Claim Actually Covers
Many people are surprised to learn that an uninsured motorist (UM) claim is filed against your own insurance company, not the at-fault driver’s insurer. When the driver who hit you has no coverage, your UM policy steps in to pay what that driver’s insurance would have covered. There are two types of uninsured motorist coverage in Texas: bodily injury and property damage. 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. Uninsured/underinsured motorist coverage also pays if you’re in a hit-and-run accident and the other driver cannot be found to pay for damages. However, Texas Insurance Code Section 1952.104 does require that actual physical contact occurred between the unknown vehicle and your vehicle for a hit-and-run UM claim to be valid. So if someone ran you off the road near Rayzor Ranch Parkway without making contact, your claim process may be more complex.
Your UM coverage can pay for medical expenses, lost wages, pain and suffering, and property damage up to your policy limits. Underinsured motorist coverage must provide for payment to the insured of all amounts that the insured is legally entitled to recover as damages from owners or operators of underinsured motor vehicles because of bodily injury or property damage, not to exceed the limit specified in the insurance policy, and reduced by the amount recovered or recoverable from the insurer of the underinsured motor vehicle. The key phrase is “legally entitled to recover.” You still have to prove the other driver was at fault and show the full extent of your damages. A car accident attorney can help you build that proof and present it effectively to your insurer.
Why Your Own Insurance Company May Fight Your Claim
Here is something most people do not expect: your own insurance company can act more like an opponent than an ally when you file a UM claim. The insurer has a financial interest in paying you as little as possible, even though you have been paying premiums for exactly this kind of protection. Insurers may dispute fault, challenge your medical records, argue your injuries were pre-existing, or offer a settlement far below what your claim is actually worth.
This is not a minor inconvenience. A low settlement offer from your insurer after a serious crash on I-35E near Denton could leave you paying out of pocket for surgeries, physical therapy, and months of lost income. Whiplash, herniated discs, traumatic brain injuries, and broken bones are common in these crashes, and treatment costs add up fast. Your insurer knows this, and their adjusters are trained to minimize payouts.
The attorneys at Chandler Ross Injury Attorneys understand how insurers handle these claims and what it takes to push back. We gather evidence, document your injuries, calculate your full damages including future medical costs and lost earning capacity, and negotiate aggressively on your behalf. If your insurer refuses to pay a fair amount, we are prepared to take the dispute to court. Under Texas Insurance Code Section 1952.110, a lawsuit against your insurer over a UM claim may be filed in the county where you lived at the time of the accident or where the accident occurred, which often means Denton County District Court, just minutes from our office. Call us at (940) 800-2500 to talk through your situation at no cost to you.
Steps to Take After Being Hit by an Uninsured Driver in Denton
What you do in the hours and days after a crash with an uninsured driver directly affects your ability to recover compensation. First, call 911 and get a police report. Officers responding near the Denton Police Department’s jurisdiction will document the accident and note whether the other driver showed proof of insurance. Under Texas Transportation Code Section 601.053, every driver is required to show proof of financial responsibility when asked by a peace officer or another person involved in a collision. If the other driver cannot produce it, that gets recorded.
Take photos of both vehicles, the scene, your injuries, and any skid marks or road conditions. Get contact information from witnesses. Seek medical care immediately, even if you feel fine. Injuries like internal trauma and spinal damage often do not show symptoms right away, and a gap in medical treatment gives insurers a reason to deny or reduce your claim.
Notify your own insurance company of the accident, but be careful about what you say. Do not give a recorded statement without speaking to an attorney first. Insurers use recorded statements to find inconsistencies that can be used against you later. Contact Chandler Ross Injury Attorneys before you start the claims process. Our team can handle communications with the insurer, protect your rights from the start, and make sure nothing you say is used to undercut your claim. You can reach a car accident lawyer from our team by calling (940) 800-2500.
You also need to act within the legal deadlines. Under Texas Civil Practice and Remedies Code Section 16.003, you generally have two years from the date of the accident to file a lawsuit. 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. Missing that deadline almost always means losing your right to compensation entirely, so do not wait.
How Chandler Ross Injury Attorneys Handles Uninsured Motorist Claims in Denton
Chandler Ross Injury Attorneys is a Denton-based personal injury firm that handles car accident and uninsured motorist claims for people 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. Our fee comes from the settlement or verdict we obtain on your behalf.
When you hire us, we take over the heavy lifting. We request your insurance policy and confirm your UM coverage, even if your insurer claims you rejected it. We investigate the accident, gather police reports, medical records, and witness statements, and work with medical professionals to document the full scope of your injuries. We also calculate your total damages, including medical bills you have already paid, future treatment costs, lost wages, reduced earning capacity, and pain and suffering. These are the same categories of damages you would pursue against an at-fault driver, and you deserve every dollar you are entitled to.
Our attorneys know Denton County well. We know the roads where serious accidents happen, from the busy stretch of US-380 near the courthouse to the high-traffic areas around Fry Street and the University of North Texas campus. That local knowledge matters when we are reconstructing what happened and building your case. Whether your claim settles through negotiation or requires litigation at the Denton County courthouse on West Hickory Street, we are ready to fight for you. If you or a family member was hurt by an uninsured driver, contact a car accident lawyer or reach out directly to our Denton office at (940) 800-2500 for a free consultation. Results vary depending on the specific facts and circumstances of each case.
Chandler Ross Injury Attorneys also serves clients in surrounding communities. If you need a car accident lawyer or a car accident attorney in other parts of North Texas, our team is available to discuss your options.
FAQs About Uninsured Motorist Claims in Texas
What happens if the driver who hit me has no insurance and no assets?
If the at-fault driver has no insurance and no assets worth pursuing, your best option is to file a claim under your own uninsured motorist coverage. This is exactly what that coverage is designed for. Your UM policy pays for your medical bills, lost wages, and other damages up to your policy limits, regardless of whether the at-fault driver can pay anything. If you do not have UM coverage, you may still be able to sue the driver personally, but collecting on a judgment against someone with no assets can be very difficult. An attorney can review your situation and help you identify every available source of recovery.
Can I file a UM claim if the other driver fled the scene?
Yes, in many cases. Texas uninsured motorist coverage can apply to hit-and-run accidents. However, Texas Insurance Code Section 1952.104 generally requires that actual physical contact occurred between the unknown vehicle and your vehicle. If there was contact and the driver fled, you should report the accident to police immediately, document everything at the scene, and notify your insurer. The police report and any witness statements will be critical to supporting your claim. Contact an attorney early in the process to protect your rights.
Will filing a UM claim raise my insurance rates?
Texas law does not prohibit insurers from adjusting premiums after a UM claim, but many insurers do not raise rates for claims where you were not at fault. The answer depends on your specific insurer and policy. What matters most is that you receive the compensation you are legally entitled to after being injured through no fault of your own. Before you let concerns about rate increases stop you from filing a valid claim, talk to an attorney who can help you understand your full options.
What if the at-fault driver had some insurance, but not enough to cover my damages?
This is called an underinsured motorist situation, and it is covered under Texas Insurance Code Section 1952.101 as well. If the other driver’s liability policy pays out its limits but those limits fall short of your actual damages, your own underinsured motorist coverage can make up the difference, up to your policy limits. For example, if the at-fault driver carries the Texas minimum of $30,000 in bodily injury coverage but your medical bills and lost wages total $90,000, your UIM coverage can potentially cover the remaining $60,000. You should not settle with the at-fault driver’s insurer without first getting written consent from your own insurer, or you risk losing your UIM rights.
How long does an uninsured motorist claim take to resolve in Texas?
The timeline varies depending on the severity of your injuries, how cooperative your insurer is, and whether the claim settles or goes to litigation. Some straightforward claims resolve within a few months. Cases involving serious injuries, disputed liability, or an insurer acting in bad faith can take a year or longer. Texas law requires insurers to acknowledge a claim within 15 days and accept or deny it within 15 business days after receiving all required information, under Texas Insurance Code Section 542.056. If your insurer drags its feet or acts in bad faith, you may have additional legal remedies. An attorney can keep the process moving and hold your insurer accountable to the legal deadlines.
Content prepared by Chandler Ross Injury Attorneys, whose principal office is located in Denton, Texas. Attorney advertising. Past results do not guarantee a similar outcome. Each case is unique and results depend on the specific facts and applicable law.