Uninsured/underinsured motorist coverage is the part of your own auto policy that pays when the driver who hit you has no insurance or not enough. In Texas an insurer may not issue an auto liability policy without it unless a named insured rejects it in writing (Tex. Ins. Code § 1952.101(b)-(c)), so many drivers have it without remembering that they bought it.
A claim under it is unusual in one respect: your own insurance company steps into the shoes of the other driver and may contest fault and the value of your injuries, just as that driver’s insurer would have. This article explains what the coverage pays, the conditions attached, and why these claims so often involve attorneys. The first-hours steps are in our guide to what to do after a car accident.
The short version
- You have it unless you rejected it in writing (§ 1952.101(c)).
- It pays what you are “legally entitled to recover” from the uninsured or underinsured driver, up to your policy limit (§§ 1952.101(a), 1952.106).
- Underinsured claims are reduced by what the other driver’s insurer pays (§ 1952.106).
- Unknown driver: actual physical contact is required (§ 1952.104(3)), and the crash must have been reported to police, according to the state insurance department.
- Property damage under this coverage carries a $250 deductible (§ 1952.105(b)).
What is uninsured/underinsured motorist coverage?
It is coverage in your own auto policy that protects people insured under it who are legally entitled to recover damages for bodily injury, sickness, disease, death or property damage from the owner or operator of an uninsured or underinsured motor vehicle. Uninsured means no liability insurance; underinsured means not enough.
The definition is in § 1952.101(a). An “underinsured motor vehicle” is an insured vehicle whose liability limits were originally lower than, or have been reduced by payment of other claims from the same accident to less than, the limits of the claimant’s own coverage (Tex. Ins. Code § 1952.103). The Texas minimum liability policy is $30,000 per injured person, $60,000 per crash and $25,000 for property damage (Texas Department of Insurance auto insurance guide), so a driver with a legal policy can still be badly underinsured for a serious injury.
Do I have uninsured motorist coverage?
Probably, unless you signed a rejection. An insurer must provide the coverage in or supplemental to every Texas auto liability policy, and it drops out only if a named insured rejects it in writing. Check the declarations page of your policy and ask your agent for a copy of any rejection form.
The limits are chosen by the insured: the insurer must offer bodily injury limits in the amounts the insured wants, up to the liability limits of the policy (Tex. Ins. Code § 1952.105(a)). The state guide says most auto policies cover “you, your family, and people driving your car with your permission”; who counts as an insured for this particular coverage is set by the policy wording.
What does a UM or UIM claim pay, and what are the limits?
It pays the damages you could have recovered from the at-fault driver, up to the limit you bought. For an underinsured claim, the payment is reduced by what the other driver’s insurer has paid or owes. The coverage limit applies per person and per occurrence regardless of how many policies or vehicles are involved.
| Rule | What the statute says | Section |
|---|---|---|
| Coverage required | An auto liability policy may not be issued without it, unless a named insured rejects it in writing | § 1952.101(b)-(c) |
| What an underinsured claim pays | All amounts the insured is legally entitled to recover from the underinsured driver, not to exceed the policy limit, reduced by the amount recovered or recoverable from that driver’s insurer | § 1952.106 |
| Limits offered | Bodily injury limits in the amounts the insured wants, not greater than the policy’s liability limits | § 1952.105(a) |
| Property damage | Subject to a deductible of $250 | § 1952.105(b) |
| Unknown driver (hit-and-run) | Actual physical contact must have occurred between the unknown driver’s vehicle and the insured person or property | § 1952.104(3) |
| Where a suit may be filed | Only in the county where the policyholder or beneficiary lived at the time of the accident, or the county where the accident occurred | § 1952.110 |
Source: Texas Insurance Code, Chapter 1952, Subchapter C. Read October 5, 2026.
Why would my own insurance company fight my claim?
Because the coverage pays only what you are “legally entitled to recover” from the other driver. That makes the other driver’s fault, your own share of fault and the size of your damages all open to dispute, and your insurer is the one disputing them. It is the one situation where you and your own insurer are on opposite sides.
The same percentage rules apply as in a claim against the driver: your damages are reduced by your share of responsibility and barred above 50 percent (Tex. Civ. Prac. & Rem. Code § 33.001, § 33.012(a)). Your insurer does have statutory duties in handling the claim. It must acknowledge the claim and begin investigating within 15 days of notice (Tex. Ins. Code § 542.055(a)) and accept or reject it in writing within 15 business days of receiving everything it required (Tex. Ins. Code § 542.056(a)).
Before you settle with the at-fault driver’s insurer for its policy limit, tell your own insurer. Policies commonly require the company’s consent to that settlement, and settling without it can put the underinsured claim at risk. This is the step most often missed by people handling a claim alone.
How do I make an uninsured motorist claim?
Report the crash to police, notify your insurer promptly and in writing, and send the proof as it becomes available: the crash report, evidence that the other driver was uninsured or underinsured, your medical records and bills, proof of lost income and photographs. Cooperate with reasonable requests, and keep a copy of everything.
The state insurance guide says an insurer may ask for a signed proof-of-loss form, more information, or a medical exam. For a hit-and-run it is blunt: the coverage will not pay if you did not report the accident to police. Our article on what to do after a hit-and-run in Houston covers that situation, and the firm’s hit-and-run page covers the claims that follow.
Questions people ask about uninsured motorist claims
Is uninsured motorist coverage mandatory in Texas?
Insurers must provide it with every auto liability policy, but a driver is not required to keep it: the coverage does not apply if any insured named in the policy rejects it in writing (Insurance Code § 1952.101(b)-(c)).
Will a UM claim cover my car as well as my injuries?
The coverage protects against damages for bodily injury and for property damage (Insurance Code § 1952.101(a)). Property damage coverage is subject to a $250 deductible and is offered in amounts up to the policy’s property damage liability limit (§ 1952.105(b)).
The other driver had insurance, but my bills are higher than the policy. What then?
That is an underinsured motorist claim. Your coverage pays what you are legally entitled to recover from that driver, up to your own limit, reduced by the amount recovered or recoverable from the other driver’s insurer (Insurance Code § 1952.106).
Does personal injury protection work the same way?
No. Personal injury protection is separate coverage that must also be provided with a Texas auto liability policy unless rejected in writing, and the required amount does not exceed $2,500 per person (Insurance Code §§ 1952.152, 1952.153). The state insurance guide describes it as similar to medical payments coverage, which pays your and your passengers’ medical bills.
Can I sue my own insurer over a UM claim anywhere in Texas?
No. An action against an insurer in relation to this coverage may be brought only in the county in which the policyholder or beneficiary resided at the time of the accident, or the county in which the accident occurred (Insurance Code § 1952.110).
If your own insurer is disputing an uninsured or underinsured motorist claim, call Maida Law Firm at (713) 785-9484 or send us the details. For the wider picture, see the Houston car accident page.
Sources
- Texas Insurance Code, Chapter 1952. Read October 5, 2026.
- Texas Department of Insurance, Auto insurance guide (updated December 11, 2025). Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 33. Read October 5, 2026.
- Texas Insurance Code, Chapter 542. Read October 5, 2026.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.