Do Insurance Companies Go After Uninsured Drivers?

do insurance companies go after uninsured drivers

Summary: Through subrogation, insurance companies can pursue compensation from uninsured drivers in the courtroom. However, the process is far from a guarantee and is a lengthy, complicated process. In some cases, carriers may forgo the process altogether. If you are an uninsured driver, you are still at legal risk that may prove criminal depending on the circumstances of your accident. Estimated Read Time: 3 mins

Uninsured drivers who cause accidents can face legal trouble from carriers and even the law. Using subrogation, your carrier may pursue an uninsured motorist if they cause an accident, however, how you’re protected and what your carrier pursues can differ from person to person. Below, we’re breaking down how companies use legal moves to regain compensation and the risks of driving without insurance.

How Do Insurance Companies Go After Uninsured Drivers?

Your insurance company possesses the authority to pursue the uninsured driver through subrogation, a legal process aiming solely to recover the claim funds it disbursed to you after a claim.

This action ensures you receive the necessary compensation to address the damages incurred from a loss in accordance with your policy’s coverage.

In instances where you are not at fault in an accident, the at-fault driver’s insurer, known as a “Third Party Carrier” (TPC), is obligated to assist in covering your repair costs and medical expenses, if applicable.

If reimbursement from the other driver’s insurance is delayed, your insurance often steps in to cover your bills. However, if you don’t have uninsured/underinsured motorist coverage, you’ll likely have to pay for your losses out of pocket.

Subrogation empowers your insurer to recover costs, including your deductible, from the at-fault driver’s insurance, however, while a successful subrogation process results in reimbursement for both you and your carrier, the process is long and uncertain.

There are many cases in which a carrier may not be able to recover funds via subrogation, nor may it feel the need to go through the trouble. Each instance is unique and speaking with your carrier is critical after an accident.

How Much Can I Get From an Uninsured Motorist Claim?

The amount you can receive from your uninsured motorist claim is determined by the coverage outlined in your policy.

Texas law mandates a minimum coverage of $30,000 for injuries per person, up to $60,000 per accident, and $25,000 for property damage. However, this applies to liability coverage. Uninsured motorist coverage is typically added in $5,000 increments.

Therefore, if you have an uninsured motorist claim, you’ll be covered by the same coverage limits outlined in your policy. Once these limits are reached, no further compensation is available, even through subrogation.

This means if you are covered for $100,000 but have medical expenses that reach $125,000, you’ll have to pay the remaining $25,000 on your own. Sadly, you’ll likely have to find the other motorist and pursue legal action at this time.

What Happens if You Don’t Have Car Insurance and Are in an Accident?

If you don’t have car insurance and are in an accident that you’ve caused, your finances are going to become vulnerable to potential lawsuits. Furthermore, depending on the nature of the accident, legal issues involving criminal charges may also apply.

Being an uninsured driver driving an insured car and being excluded from the policy, the carrier won’t cover damage, also leaving you vulnerable to potential lawsuits.

Finally, if you flee the scene as an uninsured driver in Texas, you can not only face lawsuits from affected parties and their carriers but also criminal charges ranging from misdemeanors to second-degree felonies, depending on the nature of the accident.

Not having car insurance is an expensive risk, as several companies are offering affordable coverage that can help you avoid legal issues.

Shopping quotes among different carriers is the key to finding affordable protection. To learn more, contact our team for insurance resources that can help you avoid being an uninsured motorist.


1. Uninsured Motorist Subrogation: Pursuing The Uninsured At-Fault Driver, MWL. Accessed February 2024.

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