Uninsured Motorist Claims in Travis County: What to Do When the At-Fault Driver Has No Insurance

In Texas, roughly 1 in 5 drivers does not have insurance. If you drive in Austin, the odds are high that eventually, you will be hit by someone who cannot pay for the damage.

Technically, the Texas Insurance Code applies the same way across the state. But practically, handling an uninsured motorist (UM) claim in Travis County is different than anywhere else. Between the Austin Police Department’s non-response policy and the unique makeup of local juries, you face a specific set of challenges here.

Here is the reality of pursuing an uninsured motorist claim in Austin and how to protect yourself.

The biggest hurdle for Austin drivers right now is the Austin Police Department (APD) policy on non-emergency crashes.

In many Texas counties, if you call 911 after a wreck, an officer arrives, checks everyone's insurance, and issues a "Blue Form" (crash report). That report is your golden ticket—it serves as official government proof that the other driver was uninsured.

Unless someone is severely injured or a car is immovable, APD will likely instruct you to call 311 and file a report online. No officer will come to the scene. No officer will verify the other driver's insurance status.

The Result: The burden of proof shifts 100% to you. You must prove to your own insurance company that the other driver is uninsured. If you fail to gather evidence at the scene, your insurer may deny your UM claim, arguing there is no proof the other driver was at fault or uninsured.

Since you cannot rely on a police report to document the facts, you must build the case yourself immediately after the crash.

Where the lawsuit is filed ("Venue") can dictate the settlement value of your case. This is critical if your accident happened near the county lines, like in North Austin, Pflugerville, or Round Rock.

The Strategy: If your accident occurred on the border (e.g., near the I-35 and SH 45 interchange), an experienced attorney will analyze exactly where the impact occurred to determine if we can legally file in Travis County rather than Williamson County.

Travis County sees a high volume of hit-and-run accidents, especially on high-speed corridors like Mopac (Loop 1) and I-35.

Many drivers assume Uninsured Motorist coverage protects them if they are run off the road. In Texas, this is only partially true.

Texas law requires actual physical contact for a hit-and-run to trigger UM coverage.

Without physical contact (paint transfer, dents), insurance companies will almost always deny the claim, arguing you simply lost control of your vehicle.

If you were hit by an uninsured driver in Austin, or if you were the victim of a hit-and-run, do not wait for the police report that isn't coming. We can help you establish proof and navigate the specific court procedures of Travis County.