Getting into a motorcycle accident is bad enough — but finding out the at-fault driver doesn’t have insurance can make a bad situation worse. Unfortunately, it’s not uncommon in Texas. Despite laws requiring liability coverage, many drivers are uninsured or carry only the bare minimum, which may not come close to covering the costs of a serious motorcycle crash.
If you’ve been hit by an uninsured or underinsured driver, you still have options. You may be able to recover compensation through your own policy or pursue a personal injury claim through other legal avenues. Here’s what riders need to know.
Texas Insurance Requirements — and the Problem with Non-Compliance
Texas drivers are required by law to carry minimum liability insurance of:
- $30,000 for bodily injury per person
- $60,000 per accident
- $25,000 for property damage
But some drivers ignore the law and drive uninsured. Others carry only the minimum coverage, which may not go far when a motorcyclist suffers serious injuries.
Riders are particularly vulnerable in these situations because medical bills, lost income, and ongoing care can quickly exceed basic policy limits.
Using Your Own Uninsured/Underinsured Motorist Coverage
If you have uninsured/underinsured motorist (UM/UIM) coverage as part of your motorcycle policy, it can help bridge the gap when the other driver can’t pay. This coverage may pay for:
- Medical expenses
- Lost wages
- Pain and suffering
- Motorcycle damage
- Future medical treatment
In some cases, your policy might also include personal injury protection (PIP) or MedPay, which can provide additional support.
Keep in mind: just because you’re filing through your own insurance company doesn’t mean they’ll make it easy. Claims can still be delayed, undervalued, or denied — especially if your injuries are serious.
Can You Sue an Uninsured Driver?
Yes, you can file a personal injury lawsuit against the uninsured driver. But in many cases, they may not have the assets to pay a judgment — which is why insurance coverage is so important.
Still, legal action may be worthwhile if:
- The driver has personal assets or income that could satisfy a judgment
- There are third parties involved (like an employer, in the case of a commercial vehicle)
- The driver was drunk or reckless, opening the door to punitive damages
An experienced attorney can evaluate whether a lawsuit is likely to result in actual compensation.
Why Legal Help Matters
Uninsured motorist cases often involve:
- Disputed fault
- Complex insurance policy interpretation
- Low settlement offers
- Denied or delayed UM/UIM claims
- The need for accident reconstruction or expert testimony
You don’t have to fight these battles alone. An attorney can manage the claims process, negotiate with insurers, and explore every possible path to compensation.
Spagnoletti Law Firm Can Help
If you were hit by a driver who didn’t have insurance — or didn’t have enough — don’t give up. You may still be entitled to financial recovery through your own policy or through other legal avenues.
Spagnoletti Law Firm helps individuals across Texas pursue claims after accidents, including those involving uninsured or underinsured drivers. Our personal injury lawyers can review your situation, deal with the insurance companies, and help you move forward with confidence.
📞 Call 713-804-9306 today to schedule a free consultation. No legal fees unless compensation is recovered.