What to Do If an Uninsured Driver Hit You in McAllen, Texas

If an uninsured driver hit you in McAllen, you still have legal options to recover compensation — but the path forward depends on your own insurance coverage, the financial situation of the at-fault driver, and how quickly you act to protect your rights. This is not an uncommon situation in the Rio Grande Valley: approximately one in five Hidalgo County drivers carries no auto insurance at all, which means the risk of being hit by an uninsured motorist here is significantly higher than in many parts of Texas.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

How Common Is This Problem in Hidalgo County?

The uninsured driver problem in McAllen and the surrounding Rio Grande Valley is not a minor inconvenience — it is a pervasive risk that every driver should plan for. With roughly 20% of Hidalgo County drivers estimated to be uninsured, you face a meaningful chance on any given day that the person who rear-ends you on US-83 or runs the red light at Nolana and 23rd Street carries no liability coverage. Texas law requires drivers to carry minimum liability insurance of $30,000 per person and $60,000 per occurrence, but the requirement is not universally followed. Understanding your options before a crash — and acting correctly after one — can be the difference between full compensation and nothing.

Step 1: Call the Police and Secure a Crash Report

Always call the police immediately after any collision in McAllen. A Texas Peace Officer’s Crash Report documents the identities of the drivers involved, the absence of insurance information, road conditions, and any citations issued. This report is important not only for any lawsuit but also for your UM/UIM claim with your own insurer. Do not let the other driver talk you out of calling police. An uninsured driver who asks you to “handle it privately” is asking you to waive your rights.

Step 2: Understand Your Uninsured Motorist Coverage

Uninsured motorist (UM) coverage is an optional add-on to your Texas auto policy that pays for your injuries and damages when the at-fault driver has no insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance but not enough to fully cover your losses. Under Texas Insurance Code § 1952.101 et seq., insurers in Texas are required to offer UM/UIM coverage, but drivers may reject it in writing. Many drivers do not remember whether they accepted or rejected it when they signed their policy.

Pull out your insurance policy or call your agent right now to check whether you have UM/UIM coverage and what your limits are. If you do, this coverage is your primary financial protection when an uninsured driver causes your accident.

What UM Coverage Pays For

Your medical expenses, including hospitalization, surgery, and rehabilitation
Lost wages during your recovery
Pain and suffering
Vehicle repair or replacement (under a separate “uninsured motorist property damage” provision, if included)
Future medical care and lost earning capacity for serious injuries

Step 3: Filing a UM/UIM Claim — What to Expect

Even though you are filing with your own insurance company, do not assume the process will be easy or that your insurer is on your side. Your insurer has the same financial incentive to minimize your payout that any other insurance company has. They may dispute the severity of your injuries, challenge the causation of your medical bills, or claim your claim exceeds your policy limits.

Under Texas law, your insurer must acknowledge receipt of your claim within 15 days and accept or deny the claim within 15 business days after receiving all required items (Tex. Ins. Code § 542.056). Violating these deadlines can expose your insurer to penalties under the Texas prompt payment statute, including 18% annual interest and attorney’s fees.

You have the right to have an attorney represent you in a UM/UIM claim against your own insurer. This is one of the most overlooked aspects of uninsured motorist cases — people assume that dealing with their “own” company does not require a lawyer. It often does, particularly when injuries are significant.

Step 4: Suing the At-Fault Driver Directly

You can sue an uninsured driver personally in Hidalgo County District Court regardless of whether you have UM coverage. If the court enters a judgment in your favor, you are entitled to collect that amount from the at-fault driver. The challenge is that most uninsured drivers in the Rio Grande Valley are uninsured precisely because they lack significant financial resources. A judgment against someone with no assets and no insurance policy may be legally valid but practically uncollectable.

That said, pursuing a lawsuit is sometimes worthwhile, particularly when:

The at-fault driver owns real property or a business
The at-fault driver is employed and a wage garnishment is possible
The judgment can be used to suspend the at-fault driver’s license under Texas Transportation Code § 601.371 until the debt is satisfied
There are other parties who may bear responsibility — an employer if the driver was working, a vehicle owner separate from the driver, or a dram shop

Step 5: Look for Other Sources of Compensation

In some uninsured driver cases, additional sources of recovery exist beyond the at-fault driver and your UM policy:

The Vehicle Owner

If the uninsured driver was operating someone else’s vehicle, the vehicle owner may be liable under the Texas negligent entrustment doctrine. If the owner knowingly lent their vehicle to an unlicensed or incompetent driver, they can be held responsible for the resulting damages.

Employer Liability

If the uninsured driver was operating a vehicle for work purposes at the time of the crash, their employer may be vicariously liable under the legal doctrine of respondeat superior — even if the driver was not supposed to be driving on behalf of the employer at that moment.

Defective Road Conditions

If a road defect, malfunctioning traffic signal, or inadequate signage contributed to the crash, TxDOT or a local government entity may bear partial responsibility. As noted above, claims against government entities require prompt notice under the Texas Tort Claims Act.

What Not to Do After Being Hit by an Uninsured Driver

Do not agree to settle “off the books” without involving police or insurance
Do not give a recorded statement to your own insurer without first consulting an attorney
Do not sign any release or settlement documents without understanding what you are giving up
Do not assume you have no case because the at-fault driver has no money
Do not wait — Texas’s two-year statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 applies here too

Why Having a Lawyer Matters in Uninsured Driver Cases

Uninsured motorist cases are among the most contested in personal injury law. Your own insurer — while technically on your side — has strong financial incentives to pay as little as possible. An experienced McAllen personal injury attorney can identify all available sources of recovery, handle communications with your insurer, push back against low valuations of your claim, and litigate if necessary. In RGV cases involving uninsured drivers, knowing the full landscape of your options can mean the difference between recovering your full damages and walking away with far less than you deserve.

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

Is it required to have uninsured motorist coverage in Texas?

Texas insurance companies are required to offer UM/UIM coverage, but drivers may reject it in writing. It is not mandatory to carry it, but given that roughly 1 in 5 Hidalgo County drivers are uninsured, it is a critical protection. If you do not have UM/UIM coverage, review your policy immediately and consider adding it.

Can I still recover if I have no UM coverage and the at-fault driver has no insurance?

You can still sue the at-fault driver directly. You may also have options through vehicle owner liability, employer liability, or government entity liability depending on the facts of your case. Recovery from an individual without assets is difficult but not always impossible, and an attorney can help identify all available options.

What if the at-fault driver gave me a fake insurance card at the scene?

Presenting a fake insurance card in Texas is a criminal offense. For your civil case, it does not change your legal options, but it is evidence of bad faith that your attorney can use. Report the fraudulent card to law enforcement and contact an attorney immediately.

Will filing a UM claim raise my insurance rates?

Texas law generally prohibits insurers from raising your rates solely because you filed a UM/UIM claim where you were not at fault. However, policy terms and insurer practices vary. Review your policy or consult your agent, and do not let fear of rate increases stop you from pursuing the compensation you are legally entitled to.

How long do I have to file a UM/UIM claim?

The two-year statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003 applies to the underlying personal injury claim. Your insurance policy may also include contractual notice or filing deadlines that are shorter. Read your policy carefully and consult an attorney to ensure you meet all applicable deadlines.

What if the uninsured driver fled the scene?

A hit-and-run by an uninsured driver is still covered by your UM policy in most cases, provided you report it to police promptly and provide notice to your insurer. The police report is essential. Physical contact between vehicles is typically required under Texas UM policies to prevent fraudulent phantom vehicle claims, though the specific requirements vary by policy.

Can an attorney help me if I already filed a UM claim and got a low offer?

Yes. You are not required to accept the first offer from your own insurer. An attorney can review your claim, challenge an inadequate valuation, and litigate the claim if necessary. Texas law provides remedies, including statutory penalties, if your insurer is acting in bad faith.