Reviewed and approved by Samuel Corso, licensed Texas insurance agent.

Uninsured and underinsured motorist coverage in Texas

Uninsured and underinsured motorist coverage is the part of a Texas auto policy meant for an accident caused by a driver who can't pay for it. This guide sets out what the Texas Department of Insurance (TDI) says about the coverage, and how to check whether it is on your own policy.

The short version. In Texas, uninsured/underinsured motorist coverage pays, up to your policy's dollar limits, if you're hit by a driver with no insurance or too little to pay your medical and car repair bills, according to TDI's Auto insurance guide. The guide says it pays in a hit-and-run you reported to police, that companies must offer the coverage, and that you must tell the company in writing if you don't want it.

Here's what we'll cover: how the coverage is offered and turned down, what TDI says it pays for, the deductible TDI gives, how underinsured differs from uninsured, hit-and-run claims, how personal injury protection (PIP) compares with medical payments coverage, and how to check your own policy.

What TDI says about turning the coverage down in writing

TDI's tip sheet What is uninsured motorist coverage, and do I really need it? describes how uninsured motorist coverage in Texas is offered and turned down: "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."

Personal injury protection is described a little differently. In the Auto insurance guide, TDI writes: "All auto policies in Texas include PIP coverage. If you don't want it, you must tell the company in writing."

If you're not sure whether either coverage is on your policy, your insurance company or agent can tell you what is on file.

What TDI says UM/UIM pays for

Car repairs are one item on the list of what uninsured/underinsured motorist (UM/UIM) coverage pays for in TDI's uninsured motorist tip sheet. The full list is car repairs and replacing the property in your car, a rental car if you need it, medical bills for you and your passenger, pain and suffering costs, and diminished value if your car is worth less after the accident.

Those payments have a ceiling. The Auto insurance guide lists uninsured/underinsured motorist coverage among the coverages with dollar limits, which it describes as the most the company will pay even if the cost is higher. The guide also says coverages vary by policy and suggests reading your policy or talking to your agent to be sure of your exact coverages.

For comparison, the same guide describes collision coverage as paying to repair or replace your car after an accident. The tip sheet's list for UM/UIM is longer than that. Reading the two coverages side by side on your own policy shows what each one covers for you.

The deductible TDI gives is $250, as of the tip sheet's last update on 10/14/2024. The tip sheet says: "The deductible for uninsured/underinsured coverage is $250. The deductible if you use your collision is likely much higher." A second TDI page, Were you in a wreck? Tips for auto insurance claims, says only that the uninsured/underinsured deductible is usually lower than your collision deductible, so check the figures on your own policy.

If you carry both coverages and an uninsured driver damages your car, the deductible is one of the differences between them. Your insurance company or agent can explain how each would apply to your claim.

Underinsured drivers and the Texas minimum limits

An underinsured driver has insurance, though less than your bills come to. The TDI Auto insurance guide describes uninsured/underinsured motorist coverage in Texas as paying when you're hit by someone who didn't have insurance or didn't have enough to pay your medical and car repair bills.

The guide also gives the minimum liability coverage Texas drivers must have, which it calls 30/60/25: at least $30,000 for injuries per person, up to $60,000 per accident, and $25,000 for property damage. Writing about your own liability limits, the guide says the minimums might be too low if you cause a multi-vehicle accident or the other driver's car is totaled.

The same arithmetic can run the other way. A driver who hits you may be carrying those minimum limits, and your repair and medical costs can come to more than that policy pays. On that situation the guide says that if the other driver's limits aren't high enough to pay for all your car repairs, your collision or uninsured/underinsured motorist coverage should pay the difference, and that you'll have to pay a deductible.

How much you can carry

On how much uninsured/underinsured motorist coverage you can carry on a Texas auto policy, TDI's uninsured motorist tip sheet says: "You can usually add more uninsured/underinsured coverage in $5,000 increments."

The same page gives a rule of thumb, which is to add at least enough property damage coverage to replace your vehicle, and it suggests asking your agent what coverage would work for you. One practical way to use that rule is to compare your UM/UIM limits with what your car would cost to replace today, checking how your declarations page words them.

Hit-and-run: what TDI says about reporting to police

After a hit-and-run in Texas, uninsured/underinsured motorist coverage can pay, and TDI ties that payment to a police report. The uninsured motorist tip sheet says the coverage also pays if you're in a hit-and-run accident and the other driver can't be found to pay for damages.

The condition appears in the claims tips of the Auto insurance guide: "Call the police if you were hit by a driver who left the scene. Your uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police."

TDI's Were you in a wreck? page gives the same instruction for the accident scene, saying to call the police if the other driver drove away and to get a copy of the police report for your insurance company. The guide also says coverages vary by policy, so read how yours is worded.

PIP, and how it differs from medical payments

Both personal injury protection (PIP) and medical payments coverage pay medical bills, according to TDI's Auto insurance guide, which says PIP also pays for things like lost wages. The table below paraphrases the guide, which also says coverages vary by policy.

Coverage What TDI's Auto insurance guide says it pays
Medical payments Your and your passengers' medical bills. The guide says it also pays if you're hurt while riding in someone else's car or while walking or biking.
Personal injury protection (PIP) Your and your passengers' medical bills, plus things like lost wages and other nonmedical costs. The guide lists PIP among the coverages with dollar limits.
Uninsured/underinsured motorist Pays if you're hit by someone who didn't have insurance or didn't have enough to pay your medical and car repair bills, up to the policy's dollar limits.

One difference in TDI's description is that PIP also pays lost wages. The uninsured motorist tip sheet makes a related point about health coverage, saying your health plan will cover your injuries but won't cover long-term care needs or help if you aren't able to work.

PIP is one of the coverages TDI's guide lists as having a dollar limit, so the limit on your declarations page is the figure to know before you need it.

If you have to use it

When you use uninsured/underinsured motorist coverage in Texas, the claim goes to your own insurance company. TDI's page Accident not your fault? Here's how to deal with the other driver's insurance says that if you have the coverage, it will pay if the at-fault driver didn't have insurance or enough insurance to pay your car repairs.

That page also describes what can happen to your deductible afterwards. It says your insurance company will try to recover what it paid you from the other driver's insurance, and adds: "If they get anything back, you might get your deductible reimbursed."

The same TDI page notes that you don't have a contract with the other driver's insurance company, so you don't have the same options you would with your own company. The step-by-step of making the claim is covered in what to do after a car accident in Texas.

What to do with this

Checking your uninsured and underinsured motorist coverage starts with your declarations page. TDI's Auto insurance guide describes it as the first page of your policy, with a summary of your coverages, dollar limits, and deductibles. These are steps you can take with it.

Key facts

Sources: Texas Department of Insurance, What is uninsured motorist coverage, and do I really need it?, the Auto insurance guide, Were you in a wreck? Tips for auto insurance claims, and Accident not your fault? Here's how to deal with the other driver's insurance. This page is general information, not legal advice โ€” for questions about your legal rights, check your policy or contact the Texas Department of Insurance; what any policy pays depends on that policy's terms, limits, and exclusions.

Take the next step

Before you compare policies, find the uninsured/underinsured motorist, PIP, and medical payments lines on your declarations page and note the limit and deductible shown on each line. Related guides: what to do after a car accident in Texas, what car insurance is required in Texas, how to compare auto insurance in Texas, and how car insurance quotes work in Texas.

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