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Uninsured Motorist Coverage in Texas: Eligibility, Payout Rules, and Claim Steps Before You Decide

By Accident Atlas Editorial Team · Reviewed by Phil Ayres · Updated July 13, 2026 · 8 min read

Quick Decision Guide: Do You Need to File a UM/UIM Claim?

If the at-fault driver has no insurance, or carries limits too low to cover your medical bills and car repairs, Texas law directs you toward your own insurer's uninsured/underinsured motorist (UM/UIM) coverage rather than waiting on the other driver to pay out of pocket.

Texas's minimum liability coverage is 30/60/25 — $30,000 per person for injuries, $60,000 per accident, and $25,000 for property damage. A driver carrying only these minimums can still leave you underinsured if your medical bills, lost wages, or vehicle damage exceed those caps.

Before choosing which coverage to tap, review the collision-vs-UM/UIM comparison below. Your choice affects which deductible applies and how much you ultimately recover.

Is Uninsured/Underinsured Motorist Coverage Legally Required in Texas?

Tex. Ins. Code § 1952.101 defines UM/UIM coverage as protection for insureds who are legally entitled to recover damages from owners or operators of uninsured or underinsured vehicles, at limits set by Transportation Code Chapter 601.

This statute makes UM/UIM a required policy provision tied to your liability limits — .

UM vs. UIM vs. Collision Coverage: Which One Pays Your Claim

According to Texas Department of Insurance guidance, if the other driver's policy limits aren't high enough to cover your car repairs, you file a claim with your own insurer, and your collision or UM/UIM coverage pays the difference — subject to a deductible.

For medical bills that exceed the at-fault driver's limits, you can file with your auto insurer or your health insurer. Your auto insurer will apply whatever coverage is available, whether that's PIP, medical payments coverage, or UM/UIM coverage.

Tex. Ins. Code § 1952.106 requires UIM coverage to pay all amounts you're legally entitled to recover from an underinsured driver, up to your policy limit, reduced by whatever you already recovered from that driver's insurer. This offset calculation is what determines your actual payout.

How Aggregate Limits Work: What One Person Can Actually Collect

Tex. Ins. Code § 1952.104 requires UM/UIM policy forms to state a total aggregate limit of liability for any one person injured or suffering property damage in an accident — regardless of how many people are insured, how many policies apply, or how many vehicles or claims are involved.

This aggregate-limit rule matters if you're considering adding UM/UIM coverage to multiple vehicles on one policy. Stacking expectations may not match what the aggregate limit actually pays out to any single injured person.

Stacking UM Property Damage with Collision Coverage: A Recovery Election You Control

Tex. Ins. Code § 1952.107(a) lets an insured who carries both collision coverage and UM/UIM property damage liability coverage choose which coverage to recover under.

If neither coverage alone covers all the damage from a single occurrence, § 1952.107(b) allows recovery under both — but the statute limits how the combined recovery is calculated. Confirm the offset math with your adjuster before deciding which coverage to claim as primary.

Rideshare Driving and UM Coverage: Exclusions You Need to Know Before an Accident

Tex. Ins. Code § 1954.151 allows insurers to exclude coverage under a personal auto policy for any loss or injury occurring while a driver is logged into a transportation network company's digital network or engaged in a prearranged ride. This exclusion can apply to any coverage in the policy, including UM/UIM.

Tex. Ins. Code § 1954.053 requires that during a prearranged ride, the TNC's own policy provide a $1 million aggregate limit and UM/UIM coverage where required by § 1952.101 — meaning your personal policy's coverage may be excluded while you're logged on or on a ride, since § 1954.151 permits (but does not require) insurers to exclude such coverage — check your specific policy to confirm whether the exclusion applies.

Before assuming your personal UM/UIM coverage applies, confirm whether you — or the at-fault driver — were logged into a rideshare app at the time of the crash.

Driving a Temporary Replacement Vehicle: Does Your Liability Coverage Still Apply

Tex. Ins. Code § 1952.060 requires policies to address liability coverage for temporary vehicles during the policy term and establishes primary coverage requirements, including provisions relevant to repair facilities and resident relatives.

If you're driving a loaner or temporary vehicle after a crash and are hit by another uninsured driver, this provision affects which policy responds first. Check your declarations page against this statute before assuming continuous UM/UIM protection.

Step-by-Step: Filing a UM/UIM Claim After a Texas Crash

Immediately collect the other driver's name, address, phone number, license plate number, and the exact name of their insurance company, phone number, and policy number. Photograph the insurance card on the spot.

If the other driver refuses to identify their insurer, call the police to document the refusal. This documentation supports your later uninsured-motorist claim.

Gather the same identifying information — names, addresses, and phone numbers — from any witnesses at the scene.

File the claim with your own insurer once you confirm the other driver is uninsured or underinsured, understanding that a deductible will apply to collision or UM/UIM property damage claims.

Rental Car Reimbursement While Your UM/UIM Claim Is Processed

If the accident was caused by another driver, that driver's insurer generally pays for your rental car for a reasonable repair period, based on the estimated number of hours of labor. This applies when the at-fault driver's insurer is paying — not necessarily while a UM claim against your own insurer is pending. Your own insurer will pay for a rental car if you have UM/UIM coverage and the at-fault driver had no insurance or insufficient insurance, or if the accident was a hit-and-run.

Notify the adjuster promptly about any repair delays, such as parts backorders or newly discovered damage, so the rental period can be extended accordingly.

Texas Deadlines: Don't Miss Your Window to Act on an Uninsured Motorist Claim

You generally have 2 years from the crash date to file a lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003(a). This deadline can affect UM/UIM claims that proceed to litigation if your insurer disputes the payout.

If the crash resulted in a death, the wrongful-death lawsuit deadline is 2 years from the date of death under § 16.003(b).

If a governmental unit's vehicle was involved, formal written notice is due within 6 months of the crash under § 101.101 — far shorter than the 2-year lawsuit deadline, so identify government involvement early.

Use the Texas Motor-Vehicle Accident Deadline Calculator to confirm which deadline applies to your specific claim type before deciding on next steps.