Episode 3

What If the Other Driver Has No Insurance in Texas? UM and UIM

If the driver who hit you had little or no insurance, your own policy often covers the gap: uninsured and underinsured motorist coverage, PIP, and MedPay can fill what the at-fault driver's 30/60 minimum limits leave behind. Ben Dominguez of Ben Dominguez Law Firm in Houston, Texas sits down with McCartney to walk through the Texas minimum limits, the coverage sitting on your own policy, and the tools that force insurers to pay what those policies promise. Questions answered in this episode: What does it mean when the other driver is underinsured? What are the Texas minimum auto insurance limits? What is the difference between MedPay and PIP? Can you stack UM and UIM coverage across policies? What is a Stowers demand? How much of a settlement can a Texas hospital lien take? What should you do first if the other driver has no insurance? Topics covered: the Texas 30/60 minimum liability limits, out-of-state policy conversion, the $25,000 property damage limit, gap insurance, uninsured motorist coverage (UM), underinsured motorist coverage (UIM), stacking across separate policies, personal injury protection (PIP), medical payments coverage (MedPay) and its repayment rules, an insurer's fiduciary duty, the Deceptive Trade Practices Act, attorney's fees against your own insurer, the Stowers demand, comparative fault, and the Texas hospital lien 50 percent cap. Ben Dominguez on PIP strategy: "Don't worry about the PIP. We will collect it after we collect all the money from the person who caused it, and that way you end up with more in your pocket." Ben Dominguez on MedPay vs PIP: "MedPay comes from your insurance company; you have to pay them back. PIP comes from your insurance company, you don't have to pay them back." Ben Dominguez on why insurers fight UM claims: "And it's a big business because they profit from not paying claims." Ben Dominguez on hospital liens: "The hospital cannot collect more than 50% of the settlement to satisfy the lien." Ben Dominguez is a Houston personal injury attorney handling car accident and coverage-dispute cases across Harris County and the greater Houston region, in English and Spanish. The first consultation is free. Free consultation: benwins.com Phone: (713) 804-6822 Office: Houston, Texas #UninsuredMotoristCoverage #UnderinsuredMotorist #TexasPIP #StowersDemand #HoustonCarAccident #HospitalLien Recorded August 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so the discussion here may no longer be current when you view or listen to it and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state. Chapters 00:00:00 Welcome back to Ben Wins Texas Law Podcast w. Ben Dominguez 00:00:50 What Does It Mean When the Other Driver Is Underinsured in Houston? 00:02:25 What Are the Texas Minimum Auto Insurance Limits? 30/60 00:03:15 What Happens to Out-of-State Insurance Limits in Texas? 00:04:00 How Do You Cover Car Damage Above the $25,000 Limit? Gap Insurance 00:06:05 Can You Combine UM and UIM Coverage in Texas? 00:08:15 What Is Personal Injury Protection (PIP) in Texas? 00:10:10 What Is the Difference Between MedPay and PIP Coverage? 00:11:20 What Is Uninsured Motorist Coverage, and When Does It Apply? 00:13:05 How Does Underinsured Motorist Coverage (UIM) Fill the Gap? 00:14:00 How Do You Stack UM and UIM Coverage? Separate Policies Only 00:14:45 Why Do So Many Houston Drivers Have Minimum or No Coverage? 00:15:30 How Do You Find Out the At-Fault Driver's Policy Limits? 00:16:55 Why Is a UM or UIM Claim Against Your Own Insurer a Fight? 00:18:05 What Do You Do When an Insurer Lowballs a UM Claim? File Suit 00:18:55 What Is a Stowers Demand in Texas? Money Above Policy Limits 00:21:50 How Does Comparative Fault Reduce a Texas Insurance Payout? 00:22:45 What Is a Texas Hospital Lien? The 50 Percent Settlement Cap 00:24:35 How Should a Houston Driver Structure an Auto Policy? 00:25:45 Why Does a Lawyer Matter Even When Policy Limits Seem Small? 00:26:40 What Should You Do First If the Other Driver Has No Insurance?

10.01.26
28:24
What If the Other Driver Has No Insurance in Texas? UM and UIM
What If the Other Driver Has No Insurance in Texas? UM and UIM
0:0028:24

Bilingual Houston Personal Injury Attorney Serving the Greater Houston Area Since 1994

Ben Wins Texas Law Podcast brings the judgment Ben Dominguez has built over 30 years of Texas personal injury and products liability practice directly to accident victims in Houston and Harris County. Ben Dominguez has been a Texas-licensed attorney since 1993 (Bar No. 00786415), runs a solo practice at 4899 Montrose Blvd., and handles cases in English and Spanish for clients throughout the Greater Houston area.

Each episode addresses what Houston drivers, riders, and pedestrians actually raise on intake calls: the two-year statute of limitations under Texas Civil Practice & Remedies Code Section 16.003, Texas modified comparative fault under Section 33.001, how to respond when an adjuster calls the day after the crash, and why evidence preservation on Houston freeways and surface streets often matters more than the initial medical record. Ben Dominguez's podcast covers the practical answers he gives clients in the office.

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The two most important things a Houston accident victim can do in the first 48 hours are simple, see a doctor, and stop talking to the other driver's insurance company until you have counsel.

— Ben Dominguez, Ben Dominguez Law Firm