What Happens If I’m Hit and I Don’t Have Insurance?

If you're hit or injured in a crash in Texas and don't have car insurance, you still have rights, but you also face legal obstacles.

It's important to act carefully and quickly to avoid missing your chance at compensation. Compare U.S. insurance now to see how affordable coverage can be, even with limited resources.

What Should I Do If I’m Hit and Don’t Have Insurance?

1. Ensure safety and document the scene — move to a safe spot, take photos of damage, note location, license plate, get witness names.
2. Call the police or 911, especially if there are injuries or damage over $1,000. A police officer can file a collision report.
3. Seek medical attention even if injuries seem minor—this helps document your case later.
4. Exchange information (name, address, driver’s license, vehicle info, insurance – even if they have one).
5. Notify the local law enforcement / file a crash report under Texas law (see below).
6. Consult a lawyer, especially one experienced in assisting migrants, to understand your legal options against the at-fault party’s insurer.

Who Pays When Someone Hits You from Behind?

Texas is an “at-fault” state, meaning the driver who caused the crash is generally responsible to pay for damages.

Even if you don’t have insurance, you can still seek compensation from the at-fault driver’s liability insurance.

However:

• The insurer may try to reduce your payout by claiming you were partially at fault or that your own lack of insurance contributed.
• The at-fault driver could refuse to cooperate or may not have strong assets or coverage, complicating recovery.

What to Ask for When You’re Hit

• The at-fault driver’s liability insurance details (company, policy number, contact).
• A written statement or acknowledgment about fault (if safe to get).
• Witness contact information and statements.
• Estimates or invoices for damage repairs, medical bills, and any lost wages. - Police / crash report number and officer’s name.

What to Do If They Refuse to Pay?

• File a personal injury lawsuit within Texas’s statute of limitations (see next section).
• Use small claims court (if vehicle damage is under a threshold) or civil court for larger claims.
• Seek a court-ordered judgment and use garnishment or liens if they have assets.
• In cases of hit-and-run, report the incident to law enforcement immediately; in Texas, leaving a scene with injuries or serious damage may be a misdemeanor or felony depending on severity.

How Many Days Do I Have to Report the Crash?

If you wait too long, you may lose legal rights to recover damages.

Who Must File the Crash Report?

• A law enforcement officer is required to file a written collision report if the crash involves injury or damages ≥ $1,000.
• Sometimes either driver may need to assist in providing information, but the primary duty is on law enforcement to prepare the report.
• You (or your attorney) may need to request a copy of that report to support your claim.

Key Tips for Migrants from Latin American Countries

• If you’re from Colombia or Venezuela, and English is not your first language, carry a translation of your identification and know key phrases like “I need a police report” or “I want insurance information.”
• Migrants from Peru, Ecuador, Argentina, Guatemala, Mexico, Dominican Republic, or Guinea Ecuatorial often fear engaging with systems—be reassured that filing a claim does not automatically affect immigration status in most cases.
• Look for nonprofit legal aid groups or immigrant advocacy clinics in Texas (e.g. Texas RioGrande Legal Aid, local community centers) for assistance navigating claims.
• If you’re working under the table or with informal support, save payment records or witness statements to help prove financial loss.

In summary: even without insurance, you still have legal pathways to seek justice and compensation if someone collides with you in Texas. But time matters, evidence matters, and legal advice can be crucial. Compare online insurance quotes now, so you’re better protected going forward.