Most auto policies include collision coverage that will pay for car repairs if you're in an accident with an uninsured or underinsured driver. Report the accident to the police.You can file a lawsuit against an uninsured driver in Texas if you've been involved in an accident and sustained damages as a result of their negligence. File a claim with the other driver's insurance. At the accident scene, take a picture of the other driver's insurance card and driver's license. For an atfault driver who is underinsured, you must first file a claim against their liability insurance. Not only does this lack of insurance expose these drivers to liability in the event of a car accident—it's also against state law. If you are involved in a collision, it is crucial to contact an experienced car accident lawyer as soon as possible. Texas law mandates specific minimums for auto insurance coverage to ensure that all drivers can bear the financial responsibility in the event of an accident. As you might expect, the process of claiming compensation after a collision with an uninsured driver in the state of Texas can require quite a lot of paperwork.