Mark Anderson | April 20, 2026 | Car Accidents
Being hit by a drunk driver is one of the most frustrating kinds of car accidents to deal with. After all, the person who caused the crash was breaking the law while you were merely minding your own business. However, once the dust settles, one of the first questions that comes up is a practical one: Will insurance actually cover my damages?
The short answer in Texas is generally yes, but how that plays out depends on whose policy you’re looking at and what kind of coverage is in place. Here’s what you need to know.
The At-Fault Driver’s Liability Coverage
Texas is an at-fault state, meaning the driver who caused the accident is financially responsible for the other party’s losses. That responsibility typically flows through the at-fault driver’s auto insurance policy.
Texas law requires all drivers to carry minimum liability coverage of:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $25,000 for property damage
If you’re involved in a collision with a drunk driver, their liability insurance should apply to your claim just like it would in any other collision. The fact that they were intoxicated doesn’t automatically void their policy. That said, minimum coverage amounts don’t go very far when serious injuries are involved, which may leave a gap between what insurance pays and what your claim is actually worth.
What If the Drunk Driver Is Uninsured or Underinsured?
Not every driver on the road carries adequate insurance, and drunk drivers are statistically less likely to be properly covered. If the person who hit you has no insurance or their policy limits fall short, your own coverage may need to step in.
This is where uninsured/underinsured motorist (UM/UIM) coverage becomes critical. Texas insurers are required to offer UM/UIM coverage to policyholders, though you can decline it in writing. If you carry this coverage and a drunk driver without sufficient insurance injures you in an accident, your own policy can help make up the difference.
It’s worth checking your policy if you’re not sure whether you have UM/UIM coverage. Many drivers don’t realize they declined it when they originally signed up.
Can the Drunk Driver’s Insurer Deny the Claim?
Insurance companies are always eager to minimize their liability and protect their profits, but an adjuster generally cannot deny a third-party liability claim just because the policyholder was drunk. The liability portion of an auto policy exists to protect other people on the road; that obligation doesn’t go away because the insured driver committed a crime.
The drunk driver’s own coverage could be a different story depending on their policy terms. However, from your perspective as the injured party, their liability coverage should still be available to you.
Filing a Personal Injury Lawsuit for Additional Compensation
Insurance doesn’t always cover the full extent of your economic and non-economic damages. In these cases, Texas law gives you the right to file a personal injury lawsuit directly against the drunk driver for losses that go beyond what insurance pays.
Keep in mind that the statute of limitations for most personal injury claims in Texas is two years from the date of the accident, so it’s important to explore your legal options sooner rather than later.
Contact an Austin DUI Accident Lawyer at Anderson Injury Lawyers for a Free Consultation Today
A drunk driving accident in Texas can leave you dealing with serious injuries and major financial pressure at the same time. While insurance should cover at least a portion of your losses, it often falls short of what you need to fully recover.
If you’ve recently been involved in a crash in Austin, TX, Anderson Injury Lawyers can help. Reach out to an Austin DUI accident attorney today for a free consultation and initial legal advice about your potential next steps.
We proudly serve Tarrant County, Dallas County, Travis County, and throughout Texas.
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About the Author
Mark A. Anderson is the founder of Anderson Injury Lawyers and a Board Certified Personal Injury Trial Lawyer—an honor held by only a small percentage of Texas attorneys. He earned his law degree from Baylor University School of Law and has spent more than 20 years helping injury victims across Dallas, Fort Worth and Austin. Mark handles cases involving car accidents, truck accidents, product liability, wrongful death, catastrophic injuries, and more. Click here to view some of the successful case results Mark has achieved for his clients.
Location: Dallas, Fort Worth, and Austin, Texas
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