If a drunk driver who hit you in Austin had no insurance or not enough coverage, you can still pursue compensation through your own UM/UIM policy, a personal injury lawsuit against the driver, or even a claim against the bar that served them.
Being hit by a drunk driver is scary and painful enough on its own. Learning that the person who caused your crash had no insurance, or barely enough to cover a fender bender, can make things feel even worse.
If you are dealing with injuries, medical bills, and property damage after an uninsured or underinsured drunk driver hit you in Austin, you still have real options for recovering compensation. The answer depends on your own insurance coverage, the facts of the crash, and what legal steps you take next.
Key Takeaways about UM/UIM Insurance in a Drunk Driving Accident Case
- A drunk driver's lack of insurance does not eliminate your right to seek compensation for your injuries.
- Your own uninsured/underinsured motorist (UM/UIM) coverage may be the fastest path to recovering money after a crash with an uninsured drunk driver.
- Texas law requires insurers to offer UM/UIM coverage on every auto policy, and it applies unless you rejected it in writing.
- You may be able to file a personal injury lawsuit directly against the drunk driver, even if they had no insurance.
- Personal Injury Protection (PIP) on your own policy can help cover immediate medical costs and lost wages regardless of fault.
- Acting quickly matters because Texas has a deadline for filing injury claims, and evidence from drunk driving crashes can disappear fast.
Understanding the Problem: Drunk Drivers and Insurance Gaps in Austin
A significant number of Texas drivers are on the road without any auto insurance at all, or with only the bare minimum required by law. When one of those drivers is also intoxicated, the combination creates a dangerous and frustrating situation for the people they hurt.
Under Texas Transportation Code § 601.072, every driver must carry minimum liability coverage of $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 for property damage. That 30/60/25 minimum is often referred to as the legal floor for Texas drivers.
But those numbers can fall far short of covering real-world injuries, especially serious ones involving hospital stays, surgeries, or long-term rehabilitation.
When a drunk driver carries only the state minimum, their $30,000 in bodily injury coverage may not come close to paying for your ambulance ride, emergency room visit, and follow-up care.
And if that driver was completely uninsured? Their insurance company is not going to write you a check at all because there is no policy to claim against.
This is a reality that many Austin residents face after drunk driving crashes on roads like I-35, MoPac, or along the entertainment districts downtown on Sixth Street and Rainey Street. The good news is that Texas law provides several possible paths forward.
Your Own UM/UIM Coverage Can Step In
The most direct way to recover compensation when the drunk driver who hit you was uninsured or underinsured is through your own auto insurance policy, specifically your uninsured/underinsured motorist coverage, commonly called UM/UIM coverage.
Here is how it works:
- Uninsured motorist (UM) coverage kicks in when the at-fault driver has no insurance at all. It pays for your medical bills, lost wages, pain and suffering, and other damages up to the limits of your own policy.
- Underinsured motorist (UIM) coverage applies when the at-fault driver had some insurance, but not enough to cover your losses. UIM pays the difference between what their insurance covered and your actual damages, up to your own policy limits.
Under Texas Insurance Code § 1952.101, insurance companies in Texas must offer UM/UIM coverage on every auto liability policy they sell. You should have this coverage unless you specifically rejected it in writing when you purchased your policy. Many people have it and do not even realize it.
If you are unsure whether your policy includes UM/UIM coverage, check your declarations page or call your insurance company. This is one of the first things a personal injury attorney will look at after a crash like this.
Filing a UM/UIM Claim Against Your Own Insurer
Filing a UM/UIM claim is not the same as filing a regular claim against the other driver's insurance. You are filing a claim with your own insurance company, and that can create a tricky dynamic.
Your insurer is supposed to be on your side, but they also have a financial interest in paying out as little as possible.
Here are a few things to keep in mind when filing a UM/UIM claim:
- Report the crash promptly. Notify your insurance company about the accident and the other driver's lack of coverage as soon as you can.
- Document everything. Keep records of your medical treatment, repair estimates, lost time from work, and any out-of-pocket expenses related to the crash.
- Be cautious with recorded statements. Your insurer may ask for a recorded statement. What you say can be used to reduce the value of your claim.
- Do not accept the first offer without careful review. Insurance companies, even your own, often start with a low settlement offer. Make sure any offer truly accounts for all of your damages, including future medical needs.
An experienced Austin drunk driving accident attorney can handle communications with your insurer and push back when they undervalue your claim. This is especially important in drunk driving cases, where injuries tend to be more severe because of the high speeds and reckless behavior involved.
Personal Injury Protection (PIP) Coverage
Another form of coverage on your own policy that can help right away is Personal Injury Protection, or PIP. Texas insurers are required to offer PIP to every policyholder, and it is included on your policy unless you specifically waive it in writing.
PIP is a no-fault coverage, which means it pays out regardless of who caused the crash. It can cover:
- Medical expenses
- A portion of lost wages
- Certain household service costs if your injuries prevent you from handling daily tasks
PIP will not cover pain and suffering or the full extent of a serious injury, but it provides a financial cushion during the early days after a crash when bills start piling up fast. This matters because medical providers and landlords are not going to wait for your injury claim to settle before expecting payment.
Can You Sue the Drunk Driver Directly?
Yes. Even if the drunk driver who hit you had no insurance, you still have the legal right to file a personal injury lawsuit against them. Being uninsured does not give someone a free pass to avoid responsibility for hurting others.
In a lawsuit, you can seek compensation for:
- Medical bills (past and future)
- Lost income and reduced earning ability
- Pain and suffering
- Property damage
- Emotional distress
- Loss of enjoyment of life
The challenge with suing an uninsured driver is collection. Even if a court awards you damages, collecting that money from someone who did not carry insurance can be difficult if they do not have significant personal assets. That said, there are situations where it is still worthwhile.
For example, the drunk driver may own property, have other assets, or have future income that can be garnished. In some cases, the driver may have been operating a vehicle owned by someone else whose insurance could apply.
A thorough investigation can uncover coverage and assets that are not obvious at first glance.
Third-Party Liability: Who Else Might Be Responsible?
One of the most important things to understand about drunk driving crashes is that the intoxicated driver may not be the only party who bears responsibility. Texas law allows injured people to pursue claims against others who contributed to the situation.
Possible third-party claims include:
- Dram shop claims. Under Texas law, a bar, restaurant, or other establishment that serves alcohol to a person who is obviously intoxicated may be held liable if that person causes a crash.
- Social host liability. In some circumstances, a private individual who provided alcohol to a minor who then caused a crash may face liability.
- Vehicle owner liability. If the drunk driver was using someone else's car, the vehicle owner's insurance may apply under certain conditions.
- Employer liability. If the drunk driver was on the job or using a company vehicle, their employer could potentially be held responsible.
These third-party claims can be a game-changer in cases where the drunk driver had little or no insurance. They open up additional sources of compensation that may have deeper pockets and active insurance policies.
How Texas Comparative Fault Rules Apply
Texas follows a modified comparative fault system. This means that your compensation can be reduced by any percentage of fault assigned to you. If you are found to be 51% or more at fault for the accident, you cannot recover damages at all.
In drunk driving cases, however, the at-fault driver almost always bears the vast majority of responsibility. Driving under the influence is a clear violation of the law and a strong indicator of negligence. Still, insurance companies may try to shift some blame onto you, perhaps by arguing you were speeding, failed to take evasive action, or were not wearing a seatbelt.
Having strong evidence to counter these arguments matters. Police reports, breathalyzer or blood test results, dashcam footage, and witness statements all help establish the drunk driver's fault and protect your right to full compensation.
The Texas Statute of Limitations for Drunk Driving Injury Claims
Texas generally gives injured people two years from the date of the accident to file a personal injury lawsuit. This deadline is called the statute of limitations, and missing it usually means losing your right to sue entirely.
Two years can feel like a long time, but it passes quickly when you are focused on recovering from serious injuries. Building a strong case takes time, especially when it involves identifying insurance coverage, investigating third-party liability, and negotiating with insurance companies. Starting early gives you and your attorney the best chance at a successful outcome.
FAQs for Drunk Drivers with No Insurance or Minimal Coverage in Austin
Here are some common questions people have when dealing with this situation.
What if I did not purchase UM/UIM coverage on my own policy?
If you declined UM/UIM coverage in writing, you may still have options such as filing a personal injury lawsuit against the drunk driver, pursuing a dram shop claim against a bar or restaurant that over-served them, or using PIP coverage for immediate medical expenses. An attorney can review your specific situation and identify every available path to compensation.
Can the drunk driver’s criminal case help my civil claim?
A criminal conviction for DWI can be used as evidence in your civil case to help prove the driver was negligent. However, the criminal case and the civil claim are separate proceedings. You do not have to wait for the criminal case to conclude before pursuing your injury claim.
What happens if the drunk driver files for bankruptcy?
Debts arising from injuries caused by driving while intoxicated may not be dischargeable in bankruptcy under federal law. This means the drunk driver may still owe you compensation even after filing for bankruptcy, though the process of collecting can become more complicated.
Does my health insurance cover injuries from a car accident?
Your health insurance can help pay for medical treatment related to a car accident. However, your health insurer may have a right to be reimbursed from any settlement or judgment you receive. This is called subrogation, and it is something your attorney can help you handle so it does not eat into your recovery.
What if the drunk driver was driving a rental car or a borrowed vehicle?
If the drunk driver was operating a rental car, the rental company's insurance policy might apply. If they were driving a friend's or family member's vehicle, that vehicle owner's auto insurance may also provide coverage. These situations require a careful review of all applicable policies.
Injured by a Drunk Driver with No Insurance? We Are Here to Help.
Dealing with injuries from a drunk driving crash is hard enough. You should not have to face the added stress of figuring out insurance coverage, filing claims, and protecting your legal rights on your own.
Lorenz & Lorenz, PLLC has been fighting for accident victims across Austin, Waco, Killeen, Temple, and throughout Central Texas since 2001. We understand the unique challenges that come with uninsured and underinsured motorist cases, and we know how to identify every possible source of compensation.
We offer free, confidential consultations. There is no fee unless we win your case. Call us today at (512) 477-7333 to talk about your case and find out how we can help you get the compensation you deserve.