What if the other driver has no insurance after a crash in Texas?

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TL;DR

The Texas Department of Insurance (TDI) says uninsured/underinsured motorist coverage, if a policyholder has it, pays for car repairs if the at-fault driver did not have insurance or enough insurance.1 TDI also says most auto policies include collision coverage that pays for car repairs when the other driver has no insurance or drove away.2

What does TDI say pays when the other driver has no insurance in Texas?

The Texas Department of Insurance (TDI) describes what can pay for a car’s repairs when the other driver in a Texas crash has no insurance or drove away. TDI says most auto policies include collision coverage that pays for car repairs when the other driver has no insurance or drove away.2 TDI says uninsured motorist coverage will not pay for a hit-and-run accident that was not reported to police.3 TDI says uninsured/underinsured motorist coverage, for a policyholder who has it, pays for car repairs in the situation described here:

If you have uninsured/underinsured motorist coverage, it will pay if the at-fault driver didn’t have insurance or enough insurance to pay your car repairs.

Texas Department of Insurance1

Can uninsured motorist coverage be rejected in Texas?

The Texas Insurance Code says the required uninsured/underinsured motorist coverage does not apply if any named insured rejects it in writing.4

Which coverage can an insured use in Texas if they have both collision and uninsured/underinsured property damage coverage?

The Texas Insurance Code says an insured who has both collision coverage and uninsured or underinsured property damage liability coverage may recover under the coverage the insured chooses.5

What the sources do not state

The sources used here do not state how much either coverage pays or what a policyholder’s deductible is.

Next step

TDI explains this on its page about what to do after a wreck. The filing lookup tool is where to look up filing details for a situation.

Receipts

  1. 1

    Texas Department of Insurance

    Accident not your fault? Here's how to deal with the other driver's insurance.

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  2. 2

    Texas Department of Insurance

    Were you in a wreck? Tips for auto insurance claims

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    Open sourceSee the data
  3. 3

    Texas Department of Insurance

    Automobile insurance guide (TDI consumer publication)

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  4. 4

    Texas Legislature (Texas Constitution and Statutes)

    Texas Insurance Code Sec. 1952.101 (Uninsured or Underinsured Motorist Coverage Required)

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    Open sourceSee the data
  5. 5

    Texas Legislature (Texas Constitution and Statutes)

    Texas Insurance Code Sec. 1952.107 (Recovery Under Collision or Combined Coverage)

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    Open sourceSee the data