Uninsured or Underinsured Driver in Dallas? What to Do | Gosuits

• What should you do immediately after a crash with an uninsured or underinsured driver in Dallas?
• How does uninsured and underinsured motorist coverage work in Texas?
• What are Texas minimum liability limits and how do they affect UIM claims?
• What if the at-fault driver fled the scene in Dallas?
• How do you start a UM/UIM claim in Dallas and what deadlines apply?
• What damages can you claim under UM/UIM in Texas?
• How are UM/UIM disputes with insurers resolved in Texas?
• How do property damage and rental car issues work after an uninsured driver crash?
• What evidence strengthens a UM/UIM claim in Dallas?
• What if you were a passenger, pedestrian, bicyclist, or using rideshare in Dallas?
• How do Dallas courts handle UM/UIM litigation?
• What are the common mistakes to avoid after an uninsured driver accident?
• How do Texas PIP and MedPay interact with UM/UIM?
• Can you stack UM/UIM coverage in Texas?
• What are quick answers to the most common UM/UIM questions in Dallas?
• How can GoSuits help if you were hit by an uninsured or underinsured driver?
• Where can you find authoritative resources and statutes cited here?

What should you do immediately after a crash with an uninsured or underinsured driver in Dallas?

If you are hit by an uninsured or underinsured driver in Dallas, TX, your health and safety come first. Then, document everything. Texas law requires drivers to stop, share information, and in many situations, report crashes to law enforcement. The steps below help preserve your rights under Texas law and your insurance policy.

• Get to safety and call 911. Report the crash to police if there is injury, death, or apparent property damage meeting reporting thresholds. Texas law requires officers to investigate and submit a crash report in qualifying cases, and drivers must provide information and aid at the scene. See Tex. Transp. Code § 550.023 and officer report duties at § 550.062.
• Request medical evaluation. Even if you feel “okay,” delayed symptoms are common. Timely care protects your health and documents injuries for insurance.
• Tell the officer the other driver is uninsured or fled. Police documentation helps UM/UIM and hit-and-run claims. You can purchase the official Texas Peace Officer’s Crash Report (CR‑3) through TxDOT’s crash report portal.
• Gather proof at the scene. Photos, video, witness names, plate numbers, and any admission from the other driver. Preserve dashcam footage if you have it.
• Notify your insurer promptly. Most policies require quick notice and cooperation to use uninsured motorist Dallas coverage. For hit-and-run, Texas carriers often require you to report to the police soon after the crash. See the Texas Department of Insurance consumer guide on auto claims and UM/UIM at TDI.
• Avoid recorded statements before you understand your rights. Insurers for the other driver may call quickly. It’s reasonable to decline a recorded statement until you have counsel.
• Track expenses and missed work. Keep medical bills, receipts, wage loss proof, and repair estimates. These help calculate UM/UIM claims Dallas policy benefits.

Texas has had at least one traffic death on its roads every day since 2000, underscoring the stakes on Dallas roadways. See TxDOT’s long-running safety campaign, End the Streak.

How does uninsured and underinsured motorist coverage work in Texas?

Uninsured/Underinsured Motorist (UM/UIM) coverage protects you when an at-fault driver has no insurance or not enough insurance. In Texas, insurers must offer UM/UIM coverage, and it remains part of your policy unless you reject it in writing. See Tex. Ins. Code § 1952.101; consumer guidance at TDI.

Key features for uninsured motorist Dallas policyholders:

• Two coverages: UM and UIM. UM pays when the at-fault driver has no liability insurance or can’t be identified (certain hit-and-run). UIM pays if the other driver’s insurance is not enough to cover your losses. See § 1952.101.
• Body and property claims. UM/UIM can cover bodily injury damages; UM property damage (UMPD) may cover your car if the at-fault driver is uninsured. Details depend on your policy and state law.
• Written rejection requirement. If you did not reject UM/UIM in writing, you likely have it. Keep a copy of any rejection; it is frequently requested in UM/UIM disputes.
• PIP offered automatically. Personal Injury Protection must be offered and is part of your policy unless rejected in writing. PIP pays medical expenses and some lost wages regardless of fault. See Tex. Ins. Code § 1952.151 and TDI’s overview at TDI.

UM/UIM claims in Dallas are civil insurance claims. You must prove the other driver’s fault and your damages to recover. The Texas Supreme Court has explained that an insurer’s obligation to pay UIM benefits does not arise until the insured proves the other driver’s liability and the extent of damages. See Brainard v. Trinity Universal Ins. Co., 216 S.W.3d 809 (Tex. 2006).

What are Texas’s minimum liability limits, and how do they affect UIM claims?

Texas’s minimum financial responsibility limits are sometimes called “30/60/25”:

• $30,000 per person for bodily injury or death
• $60,000 per crash for bodily injury or death to two or more people
• $25,000 per crash for property damage

See Tex. Transp. Code § 601.072. Medical bills and lost wages in serious Dallas wrecks can exceed these limits quickly. When your losses exceed the at-fault driver’s liability coverage, a Dallas underinsured motorist claim may apply to the remainder, up to your UIM limits.

What if the at-fault driver fled the scene in Dallas?

Hit-and-run crashes are common in urban areas like Oak Lawn, Uptown Dallas, Deep Ellum, Oak Cliff, and across the DFW Metroplex. UM coverage typically applies if the at-fault driver cannot be identified. Policies often require that you report the crash to police and your insurer promptly. See the Texas Department of Insurance’s consumer explanation of UM/UIM and hit-and-run claims at TDI.

Practical steps:

• Call 911 immediately and note details like vehicle make, color, direction, and partial plates.
• Look for witnesses and cameras near intersections in Plano, Irving, Garland, Mesquite, Richardson, Addison, Carrollton, Frisco, McKinney, Arlington, Grand Prairie, or anywhere in Dallas County.
• Preserve video from your dashcam or nearby businesses. Footage can corroborate contact and fault.

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How do you start a UM/UIM claim in Dallas and what deadlines apply?

Starting a UM/UIM claim is similar to other auto claims, with important Dallas- and Texas‑specific rules:

• Notify your insurer quickly. Most policies require prompt notice. Provide the police report number, photos, witness information, and your medical providers.
• Cooperate with your insurer’s investigation. You may be asked for statements, medical authorizations, and proof of loss. Consider having counsel coordinate to protect your claim.
• Meet Texas deadlines:

• Two-year statute for injury claims against the at-fault driver. See Tex. Civ. Prac. & Rem. Code § 16.003.
• UM/UIM timing is different. For UIM, your insurer’s duty to pay does not arise until liability and damages of the underinsured motorist are established. See Brainard. Texas courts have allowed declaratory judgment actions to resolve UIM disputes over liability and damages, including potential attorney fee awards in some cases. See Allstate Ins. Co. v. Irwin, 627 S.W.3d 263 (Tex. 2021).

In practice, Dallas policyholders often pursue claims against the at-fault driver to establish liability and recover available limits and then proceed with UIM, or file a UM/UIM action to determine fault and damages when the driver is unknown or uninsured. The specific approach is strategic and case-dependent.

What damages can you claim under UM/UIM in Texas?

UM/UIM coverage is intended to put you in the position you would have been if the at-fault driver carried adequate insurance. Recoverable categories often include:

• Medical expenses for reasonable, necessary treatment
• Lost wages and loss of earning capacity
• Pain, mental anguish, and physical impairment where supported by the evidence
• Property damage under UMPD (if purchased)
• Wrongful death and survival damages for qualifying family members under Texas law

You must prove fault and the amount of damages. Comparative fault may reduce recovery if you are partly responsible. Texas follows a 51 percent bar rule: recovery is barred if you are more than 50 percent responsible. See Tex. Civ. Prac. & Rem. Code § 33.001.

How are UM/UIM disputes with insurers resolved in Texas?

Disagreements arise over who caused the crash, whether injuries are related, and how much is owed. Texas law provides the framework for resolving UM/UIM disputes:

• Proving liability and damages. As the Texas Supreme Court held, a UIM insurer’s duty to pay benefits arises when the insured proves the other driver’s liability and underinsured status and the amount of damages. See Brainard.
• Declaratory judgment suits. Insureds may use the Uniform Declaratory Judgments Act to establish entitlement and, in the court’s discretion, obtain attorney’s fees. See Irwin.
• Good faith and unfair practices. Texas recognizes a common-law duty of good faith and fair dealing in first-party insurance, and also statutory remedies for unfair claim settlement practices. See Arnold v. Nat’l County Mut. Fire Ins. Co., 725 S.W.2d 165 (Tex. 1987); Tex. Ins. Code § 541.060. The Texas Supreme Court in USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479 (Tex. 2018), discussed when statutory claims are available relative to coverage.
• Prompt-payment issues are nuanced. Texas’s prompt payment statute imposes deadlines on insurers, but timing in UIM claims depends on when liability and damages are established. See Tex. Ins. Code ch. 542. Courts have treated UIM timing differently because of Brainard.

Negotiation, mediation, and, when needed, litigation in Dallas County are common paths. Many cases settle after the exchange of medical proof and a formal demand letter to insurance in Texas, but some require a suit to fairly resolve fault or damages.

How do property damage and rental car issues work after an uninsured driver crash?

In Dallas, property damage claims often run on a parallel track with injury claims:

• UM property damage (UMPD). If purchased, UMPD may pay to repair or total your vehicle when the at-fault driver is uninsured. Check your declarations page and the policy’s deductible.
• Collision coverage. Many Dallas drivers carry collision coverage that will pay for your car regardless of fault, subject to your deductible.
• Rental and loss of use. Rental reimbursement is optional. If you don’t have it, you may still claim loss-of-use damages from the at-fault party or under applicable coverages. See general guidance from TDI.

Keep all repair estimates, photos of damage, and receipts. Submit them with your Dallas property damage claim. If the car is a total loss, Texas rules on titling, and total loss valuations apply; your carrier should explain the valuation process.

What evidence strengthens a UM/UIM claim in Dallas?

Strong documentation can make a decisive difference for UM/UIM claims. Dallas insurers must evaluate:

• Police report and 911 records. Obtain the CR‑3 report via TxDOT.
• Scene photos and video. Skid marks, debris fields, impact points, and dashcam footage help prove liability.
• Witness statements. Independent witnesses are persuasive, especially for lane-change and intersection crashes in areas like University Park, Highland Park, Downtown, Deep Ellum, or Oak Cliff.
• Medical records and bills. Link your injuries to the crash with timely care and physician opinions.
• Work and income proof. Paystubs, employer letters, tax returns for lost wages, and reduced earning capacity.
• Vehicle documentation. Repair estimates, total-loss valuations, and photos for UMPD or collision claims.

What if you were a passenger, pedestrian, bicyclist, or using rideshare in Dallas?

UM/UIM and related coverages can apply beyond a driver behind the wheel:

• Passengers. You may be covered under the driver’s policy, your own policy, or a household member’s policy, depending on definitions of “insured” and the facts.
• Pedestrians and bicyclists. Your own UM/UIM and PIP coverage may protect you if struck by a motor vehicle in Dallas County, even when you were not driving.
• Rideshare trips. Texas law requires transportation network companies to carry specified liability coverage during trips and when drivers are logged into the app, but UM/UIM coverage depends on the insurer and policy in effect. See Tex. Occ. Code ch. 2402 (TNC operations and insurance requirements).

These situations can involve multiple policies and coordination of benefits. A careful review of all potentially applicable policies is important.

How do Dallas courts handle UM/UIM litigation?

UM/UIM suits are civil cases filed in state courts where venue is proper, commonly in Dallas County. Cases may be filed in District Court or County Court at Law, depending on the amount in controversy. State court rules, including Texas Rules of Civil Procedure and evidence rules, apply. Texas court rules and standards are available at txcourts.gov.

Most UM/UIM cases resolve through negotiation or mediation before trial, buta  trial is sometimes required to resolve disputes about fault, causation, or the value of injuries. Trial experience can matter if the insurer contests liability or damages.

What are common mistakes to avoid after an uninsured driver accident?

• Accepting cash or a quick payout from the other driver who “promises to pay.” This can derail a later claim with your UM/UIM insurer.
• Delaying medical care. Gaps in treatment can be used to dispute injury causation.
• Missing the statute of limitations to sue the at-fault driver or to timely pursue your UM/UIM claim as allowed. See § 16.003.
• Giving recorded statements without understanding the implications.
• Signing broad releases before speaking with counsel. A release may extinguish your rights, including UIM subrogation issues.
• Not notifying the police in a hit-and-run. Many policies require a prompt police report for UM hit-and-run claims. See TDI.

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How do Texas PIP and MedPay interact with UM/UIM?

PIP and MedPay are first-party benefits that can help immediately with medical bills and some lost wages while the liability investigation proceeds.

• Personal Injury Protection (PIP). Texas insurers must offer PIP and include it unless you reject it in writing. PIP pays reasonable and necessary medical expenses and a portion of lost income regardless of fault. See Tex. Ins. Code § 1952.151.
• No PIP subrogation. In Texas, an insurer that pays PIP benefits generally cannot seek reimbursement from you if you recover from the at-fault party. See Tex. Ins. Code § 1952.155.
• Medical Payments (MedPay). Optional coverage that pays medical bills up to the purchased limit. Unlike PIP, MedPay typically does not cover lost wages. Policy terms govern reimbursement rights.
• UM/UIM coordination. PIP/MedPay can pay early bills without affecting your right to UM/UIM benefits. UM/UIM then addresses uncompensated losses caused by the uninsured or underinsured driver.

Can you stack UM/UIM coverage in Texas?

Stacking refers to combining coverage limits from multiple UM/UIM coverages to pay a single claim. Texas law is nuanced:

• Multiple policies. Texas courts have allowed stacking across separate policies in certain circumstances to fully compensate insureds, depending on policy language and facts. See Stracener v. USAA, 777 S.W.2d 378 (Tex. 1989).
• Single policy, multiple vehicles. Anti-stacking provisions within a single policy are often enforced, limiting recovery to the highest single limit applicable. See discussion in Mid-Century Ins. Co. v. Kidd, 997 S.W.2d 265 (Tex. 1999).

Policy wording and specific facts drive outcomes. Carefully review all potentially applicable policies for a Dallas UM/UIM claim.

What are quick answers to the most common UM/UIM questions in Dallas?

• Do I have UM/UIM if I didn’t ask for it? Your insurer must offer UM/UIM, and it remains unless rejected in writing. See § 1952.101.
• How long do I have to file? Generally two years to sue the at-fault driver for injury in Texas. UM/UIM timing depends on establishing liability and damages and can involve declaratory actions. See § 16.003; Brainard; Irwin.
• Will a hit-and-run be covered? Often yes under UM if promptly reported and policy conditions are met. See TDI.
• What if I’m partly at fault? Your recovery can be reduced by your percentage of fault and is barred if you are more than 50 percent responsible. See § 33.001.
• Do I need a Dallas car accident lawyer? UM/UIM claims involve statute-based rights, policy interpretation, medical proof, and negotiation or litigation in Dallas County courts. Professional help can be important in pursuing fair compensation.

How can GoSuits help if you were hit by an uninsured or underinsured driver?

Being hit by an uninsured or underinsured driver in Dallas, TX can upend your health, finances, and plans. UM/UIM law in Texas involves statutes, case law, and policy language that affect how and when benefits are paid. A focused personal injury attorney in Dallas can evaluate fault, preserve evidence, calculate damages, and pursue all available insurance sources, including UM/UIM, PIP, MedPay, collision, and the at-fault driver’s liability coverage.

GoSuits represents injured people across Dallas, Dallas County, and the DFW Metroplex, including Plano, Irving, Garland, Mesquite, Richardson, Addison, Carrollton, Frisco, McKinney, Arlington, Grand Prairie, Highland Park, University Park, Oak Lawn, Uptown Dallas, Deep Ellum, and Oak Cliff. We offer free consultations so you can ask questions and understand your options after an uninsured driver accident in Dallas.

• Technology-driven, client-first. GoSuits uses exclusive proprietary software to streamline evidence gathering, medical record retrieval, and case tracking for faster, clearer progress while maintaining rigorous quality controls.
• Direct access to your attorney. Although we leverage technology to move your case efficiently, we do not route clients through case managers. Every client has unfettered access to a designated attorney who is responsible for strategy, communication, and results.
• Proven litigation capability. Our team brings 30 years of combined experience, including substantial trial experience in Texas courts. Trial readiness can influence negotiations with insurers on UM/UIM disputes.
• Results that reflect hard work. We have obtained meaningful recoveries for clients in a range of motor-vehicle injury cases. Past outcomes are described here: GoSuits Prior Cases. Outcomes vary with the facts and law of each case.
• Comprehensive personal injury practice. Motor vehicle collisions, UM/UIM claims, commercial vehicle crashes, premises injuries, wrongful death, and more. We coordinate liability, UM/UIM, and first-party benefits to help clients pursue full, lawful compensation.

If you have questions about uninsured motorist coverage Texas issues, underinsured motorist Dallas claims, or a hit-and-run in the DFW area, a free consultation can help you understand timelines, evidence, and next steps with no pressure.

Where can you find authoritative resources and statutes cited here?

• Texas Transportation Code § 601.072 (Minimum liability limits, “30/60/25”)
• Texas Transportation Code § 550.023 (Duty to give information and render aid)
• Texas Transportation Code § 550.062 (Officer’s crash report duties)
• Texas Civil Practice and Remedies Code § 16.003 (Two-year statute of limitations)
• Texas Civil Practice and Remedies Code § 33.001 (Comparative responsibility, 51 percent bar)
• Texas Insurance Code § 1952.101 (UM/UIM coverage offered unless rejected)
• Texas Insurance Code § 1952.151 (PIP offered and included unless rejected)
• Texas Insurance Code § 1952.155 (PIP subrogation prohibited)
• Texas Insurance Code § 541.060 (Unfair settlement practices)
• Texas Insurance Code ch. 542 (Prompt payment of claims)
• Texas Department of Insurance Consumer Guide: Auto insurance (UM/UIM, PIP, claims)
• TxDOT Crash Reports (CR-3)
• TxDOT End the Streak (daily roadway fatalities since 2000)
• Brainard v. Trinity Universal Ins. Co., 216 S.W.3d 809 (Tex. 2006) (UIM payment obligation)
• Allstate Ins. Co. v. Irwin, 627 S.W.3d 263 (Tex. 2021) (UDJA in UIM disputes)
• Arnold v. Nat’l County Mut. Fire Ins. Co., 725 S.W.2d 165 (Tex. 1987) (good faith duty)
• USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479 (Tex. 2018) (extra-contractual claims)
• Stracener v. USAA, 777 S.W.2d 378 (Tex. 1989) (stacking principles)
• Mid-Century Ins. Co. v. Kidd, 997 S.W.2d 265 (Tex. 1999) (anti-stacking enforcement)
• Texas Court Rules and Standards (procedural guidance)