Is Uninsured Motorist Coverage Required in Texas?

Texas does not make you keep uninsured motorist coverage, but every auto liability policy must include it unless a named insured rejects it in writing, and the same rule applies to personal injury protection. If you kept it and an uninsured driver hurt you, remember that a personal injury suit against that driver is generally due within two years (Civil Practice and Remedies Code 16.003).

Do I need uninsured motorist coverage in Texas?

What Texas law requires every driver to carry is liability insurance for the harm you cause others. Under Transportation Code 601.072, the minimum is $30,000 for injury to one person, $60,000 for injury to two or more people and $25,000 for property damage. Driving without it is a misdemeanor with a fine of $175 to $350 for a first offense under section 601.191.

Uninsured and underinsured motorist coverage (UM/UIM) is different. Insurance Code 1952.101 says an insurer may not issue an auto liability policy in Texas unless it provides this coverage in or with the policy. The coverage does not apply if any named insured rejects it in writing, and after a rejection the insurer does not have to add it back on a renewal unless you ask in writing.

So the decision is yours, but silence keeps the coverage. If nobody on your policy signed a rejection, you should have it.

What does uninsured motorist coverage pay in Texas?

The Texas Department of Insurance lists what UM/UIM can pay for:

• your car repairs and property inside the car;
• a rental car if you need one;
• medical bills for you and your passengers;
• pain and suffering;
• diminished value if your car is worth less after the crash.

TDI adds that the deductible for this coverage is $250, and that you can usually buy more in $5,000 steps. The statute sets the range: bodily injury limits may not exceed your own liability limits, and may not be lower than the state minimums (section 1952.105).

Underinsured coverage applies when the other driver has insurance, but with limits lower than the underinsured limit on your policy, or limits already reduced by other claims from the same crash (section 1952.103).

Is PIP required in Texas?

Personal injury protection follows the same pattern. Under sections 1952.152 and 1952.153, every policy must include PIP unless a named insured rejects it in writing, and the insurer is not required to provide more than $2,500 per person.

PIP pays reasonable medical expenses, lost income and certain household services for you, your household and your passengers, for expenses incurred within three years of the crash. The benefits are payable regardless of fault, and the insurer must pay within 30 days after it receives satisfactory proof of a claim. If it does not pay when due, the statute allows a 12 percent penalty, interest and attorney’s fees.

Does uninsured motorist coverage pay for a hit-and-run in Texas?

TDI says UM coverage pays when the other driver drove away and you did not get their insurance information (TDI). There is one statutory condition. When the driver who caused the harm is unknown, section 1952.104 requires actual physical contact between that driver’s vehicle and you or your property.

Report the crash right away. If anyone was hurt or a vehicle cannot be driven safely, Transportation Code 550.026 requires the driver to notify police immediately. The police report helps prove the contact and the other driver’s fault.

How does a UM claim against my own insurer work?

A UM or UIM claim is a first-party claim, made by you under your own policy, so the prompt payment rules in Insurance Code chapter 542 set the timetable:

• within 15 days of your notice of claim, the insurer must acknowledge it, start investigating and request what it needs;
• generally within 15 business days after it has everything it asked for, it must accept or reject the claim in writing and give its reasons for a rejection;
• once it agrees to pay, payment is due within five business days.

An insurer that breaks these rules and is liable for the claim can owe 18 percent annual interest plus attorney’s fees under section 542.060.

There is a catch with UIM. The Supreme Court of Texas held in Allstate v. Irwin (2021) that UIM benefits depend on your legal entitlement to recover damages from the other driver, and that the insurer has no contractual duty to pay until that liability and the amount are established. The court also held that you may sue your insurer under the Declaratory Judgments Act to settle those questions, and that attorney’s fees may then be available.

What to do now

1. Pull your declarations page and look for UM/UIM and PIP. If they are missing, ask your insurer for the signed rejection.
2. Call the police from the scene, or as soon as you can, and buy the crash report through TxDOT.
3. Give written notice of a UM and PIP claim to your insurer and write down the date.
4. Send the insurer every bill and record it asks for, and keep copies. The 15 business day clock runs from when it has them.
5. Ask the other driver’s insurer, in writing, for its policy limits. That number tells you whether you have a UIM claim.
6. Before you accept the other driver’s policy limits, ask your own insurer in writing whether your policy requires its consent.
7. If your insurer delays without reasons, file a complaint with TDI.

Talk to a Texas attorney about your UM claim

If an uninsured or underinsured driver hurt you in Texas, call Beverly Law at (310) 552-6959 to go over your policy and your claim. Your case is handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.

Common questions

Related pages

Car Accident Settlements · Car accident settlements · How much can I get from an uninsured motorist claim · Texas car accident settlement amounts · What to do after a car accident that was not your fault · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Last reviewed: 2026-11-12.