Understanding Uninsured Motorist Coverage in Texas: Key Rules, Remedies, and When Insurers Breach Their Duties

Uninsured motorist (UM) coverage plays a critical role in protecting Texas drivers when they’re involved in accidents with motorists who lack insurance. Because Texas law treats UM coverage as remedial—designed to help innocent victims—it is one of the most important safety nets available on an auto policy.

This blog post breaks down the major components of UM protection under Texas law, including the requirements for recovering benefits, what happens when an uninsured driver denies liability, and when an insurer’s refusal to pay becomes a breach of contract.

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What Does Uninsured Motorist Coverage Do in Texas?

Texas law requires insurers to offer uninsured and underinsured motorist coverage. Courts view UM statutes as remedial, meaning they exist to help drivers who are harmed by uninsured motorists.

In simple terms: UM coverage allows you to recover from your own insurance company the damages you could have recovered from the at-fault driver—if that driver had insurance.

So if an uninsured driver causes an accident and injures you or damages your vehicle, your UM coverage steps into the shoes of the missing liability insurance.

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What You Must Prove to Recover UM Benefits

To get paid under UM coverage, Texas courts require the insured to establish four elements:
 1. Your policy includes UM coverage.
 2. The uninsured motorist was negligent and caused the accident.
 3. You suffered damages (medical bills, lost wages, property damage, etc.).
 4. The at-fault driver had no insurance or insufficient insurance.

Even though the claim is against your own insurer, you must still prove the other driver’s negligence—just as you would in a lawsuit against them.
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Coverage Limits: What Insurers Must Offer


Texas insurers must offer UM coverage at limits matching the liability limits on your automobile policy. They cannot offer limits:

 • Higher than your liability limits, or

 • Lower than the minimum state-required auto liability limits.


This ensures drivers have meaningful coverage if they are hit by someone with no insurance.


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What Happens When the Uninsured Driver Denies Liability?


A very common scenario is that the uninsured driver denies causing the accident.


Good news: their denial does not prevent you from pursuing a UM claim.


Because UM claims incorporate negligence principles, your job is simply to prove:

 • The uninsured driver caused the crash, and

 • The amount of your damages.


You can do this directly against your insurer, even without cooperation from or contact with the at-fault driver.

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When Does an Insurer Breach the Contract in UM Claims?


Insurers only owe duties that arise from the insurance policy. This means:

 • An insurer has no duty to pay UM benefits until the insured proves the uninsured motorist’s liability and damages.

 • An insurer generally cannot be liable for bad faith (failure to settle, investigate, or pay) unless it first becomes liable under the contract.


In other words:


There is no breach of contract unless the insured proves all UM coverage elements—and the insurer still refuses to pay.


Because of these rules, Texas courts often require that breach-of-contract issues be resolved before any extra-contractual claims (bad faith, prompt payment penalties, etc.) can proceed.


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A Missing Piece: What Counts as a “Hit-and-Run” Driver?


While hit-and-run situations frequently trigger UM coverage, the case law referenced here does not define “hit-and-run driver” for UM purposes. Additional authority would be needed to clarify:

 • Whether physical contact is required,

 • Whether unidentified drivers qualify, and

 • How to prove a hit-and-run occurred.


This is an important subtopic that often matters in real-world UM claims.


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Final Thoughts


Uninsured motorist coverage is a vital protection for Texas drivers, but recovering benefits isn’t automatic. To succeed in a UM claim, you must demonstrate that the uninsured driver was at fault and that your damages fall within the scope of your policy.


Insurers’ duties are strictly contractual, and they are not required to pay—or even investigate—until the insured meets the legal requirements for UM coverage.


Understanding these rules helps Texas drivers navigate UM claims more effectively and recognize when their insurer may be crossing the line into breach of contract.


If you were involved in a Hit-And-Run or the individual who hit you does not have insurance, contact us to determine whether your policy includes Uninsured Motorist Protection. We will get you every dollar possible.

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